Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
SANCON TECHNOLOGIES - 2004-08-16 (2)
U" RECEIVED BY: CITY CLERK RECEIPT COPY t � / Return DUPLICATE to ya; City Clerk's Office (!Name) ! � after signingidating (pate) Hi2- CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: W re enrich, City Treasurer FROM: /, ~. ay ` 7 DATE: SUBJECT: Bond Acceptance have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. ' Monument Bond No. -� --� Maintenance Bond No. 00A),SLD'J o 70 - o �f-. Ef l/ CCU• ' E=j��SF Re: Tract No. Y CC No. - �1� 6770AJ 1 MSC No. Approved Agenda Item No. - (Council Approval pate) — City Clerk�Vault No. 6&9, 6o #27 g:lfollowuplbondletter dca �+ _a per, 6D • • ��A37) PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Recorded in Official Records, Orange County Torn Daly, Clerk-Recorder AND WHEN RECORDED MAIL TO: ' ��l'�III�II' �'�ll�.l''��I'�li�,l'�11'I�.I'�I�{i�'�;I'��I{'��'�II�,NOFEE WHEN RECORDED MAIL TO: 2005000122910 0430pm 02116105 CITY OF HUNTINGTON BEACH 106 73 N15 1 Attn: Robert A. Martinez 0.00 0.00 0.00 0-00 0.00 0.00 0.00 0.00 P.O. Box 190 2000 Main Street Huntington Beach, CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: 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 to Sancon Technologies Incorporated who was the company thereon for doing the following work to-wit: SEWER REHABILITATION ROSS %SECTION, CASH CONTRACT-1215 That said work was completed February 7, 2005 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 Director of Public Works on February 7,2005, per City Council Resolution No.2003-70 adopted October 6,2003, 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 contempla d under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach,California,this February 15, 2005. Director of Public Works or City Engineer City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange )ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION, I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under-penalty of perjury that the foregoing is true and correct, and that said NOTICE O OMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Ora ng County. Dated at Huntington Beach, California,this February 15, 2005. tVII Director of Public Works or City Engineer City of Huntington Beach,California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) - b rco-T[T[F PaT,F!R7i451 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) A CITY OF HUNTING TON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shar' reidenrich, City Treas er FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for 6, llL� A)6: (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. g-0 /:t—) —� 001j,SL-),) a Ia - 70 - V0 Re: Tract No. CC No. MSC No. Approved Agenda Item No. (Council Approval Date) O City Clerk Vault No. r #27 g:lfo[IowuplbondletW doc *'J/ J City of Huntington Beach LDINTER-DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: �ic Charlonne, Construction Manager DATE: April 14, 2005 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: NIA Notice of Completion Date:2/16/05 Contract Purpose: Retention Release for Cash Contract 1215, Ross 1/4 Section Sewer Rehabilitation 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. I certify that no stop notices are on file on th/ j ct a this time. Date A/ / Paul Ere cting Public Works Director I certify that there are no outstanding invoices on file. Date S an e' enrich, City Treasurer 1 certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. bS — /7'_71 2zx"�� D to Joan Flynn, ty Clerk 1215 retention release memo.doc 4/14/200511:09 AM CITY OF HUNTINGTON BEACH 2000 Main Street P . O . Box 190 California 92648 Robert F. Beardsiey, P.E. Department of Public Works Director (714) 536-5431 February 7, 2005 Mr. Hollingworths Sancon Technologies Incorporated 5881 Engineer Drive Huntington Beach, CA 92649 Subject: Sewer Rehabilitation Ross %section Rehabilitation Project Informal Acceptance Dear Mr. Hollingworths, Please be advised that the City has informally accepted the improvements constructed per Cash Contract 1215. This informal acceptance is limited to only: 1. A release of liability from usage of the improvements by the public. This release does not include those responsibilities for accidents occurring as a result of defective workmanship. 2. Termination of contract construction time. Retention funds withheld during this project will be released 35 days after filing a Notice of Completion with the County of Orange. In order to release the retention funds, the following items must be submitted, for approval, to the City: 1. Furnish a Certificate of Compliance (enclosed). 2. Furnish the Declaration of Satisfaction of Claims (enclosed). 3. Furnish 1 year Maintenance Bond. 4. Furnish "As-Built" plans. 5. Authorization from your surety to release retention funds. Should you have any questions, please telephone me at (714) 375-8471. Very tr yours, David Verone Project Manager Enclosures xc: . File CC-1215"City Corresp" INFORMAL ACCEPTANCE:DV.DOC h , I.C.W. GROUP ®INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY []INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92186-5563 (619) 350-2400 - FAX (619) 350-2707 MAINTENANCE(WARRANTY) BOND Bond No.212 70 40-M KNOW ALL MEN BY THESE PRESENTS: That, Sancon Engineering II, Inc., as Principal, and Insurance Company of the West, a corporation organized under the laws of the State of California and authorized to do a surety business in the State of California, as Surety, are held and firmly bound unto the City of Huntington Beach, CA in the sum of Five Hundred Sixty-three Thousand, Five and 00/100 dollars($563,005.00), 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 22°d day of March.,2005. WHEREAS, on or about August 12, 2004, the said Sancon Engineering II, Inc., as contractor, entered into a contract with the City of Huntington Beach for Ross '/. Section Sewer Rehabilitation, Cash Contract #1215 for the sum of Five Hundred Eighty-six Thousand, Five Hundred Twelve and 00/100 dollars($586,512.00);and, WHEREAS, under the terms of the specifications for said work, the said Sancon Engineering ❑, Inc. is required to give a bond for Five Hundred Sixty-three Thousand, Five and 00/100 dollars ($563,005.00), 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 March 14, 2006. NOW, THEREFORE, if the said Sancon Engineering II, Inc. shall for a period of one year from and after the date of the completion and acceptance of same by said City of Huntington Beach,CA replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. Sancon Engineering ll,Inc. BY: Insurance Company of the West BY: /Y ' Michael R. Langan ROVED XS TO FOR�� ATTORNEY-IN-FACT �INIFEh �GiZ�7Yi11 P5, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 5 F State of California ss. i County of _ Los Angeles r� S On Maxch '2 2 t 2 a a 5 , before me, Katherine L. Banks, Notary Public Date Name and Title of Officer(e.g.,'Jam Dao,Notary Public-) personally appeared Michael R. Larigan Names)of Signer(s) ®personally known to me ❑ proved to me on the basis of satisfactory r evidence pu!:nrua:aumm�uuanuuipp„npa,e�eroC.umuNtmmwuunnuuununn...... to be the person(M whose name44 is/am s KAjHERINE l.. BANKS a subscribed to the within instrument and COMM. # 1337229 acknowledged to me that he/ executed vie NOTARY PUBLIC -CALIFORNIA � T '� +a �4K LOS ANGELES COUNTY the same in his authorized .> f My Comm.Expires Jail.31.2006 q. capacity0W, and that by his/W900M „una.. ....rt...... 1 signature(!"on the instrument the personps), or the entity upon behalf of which the person(s� z acted, executed the instrument. WITNESS y hand and offi ial s o r' Place Notary Seal Above Sigmtwa of o u Nc OPTI AL Though the information below is not required by law, it may prove valuable to persons relying on the document n and could prevent fraudulent removal and reattachment of this form to another document. t Description of Attached Document 6 Title or Type of Document: Maintenance (Waxxenty) Bond r� Document Date: Number of Pages: ZS PSigner(s) Other Than Named Above: Capacity(ies) Claimed by Signer h Signer's Name: Michael R. Langan ❑ Individual T Tap o1 thumb here I i. ❑ Corporate Officer—Title(s): I r' ❑ Partner—❑ limited ❑• General 5e Attorney in Fact ' �{ C Trustee C Guardian or Conservator ❑ Other: Signer Is Representing.- INSURANCE OOMANY OF THE WEST s ��,•ci;�'�,ci;�:�;�:�.•c�;�;�:�.�.ci7�s�i:�:�:�:�.�;�.�:�•c_�,�.�.�.�.�;�ci;�i;�;�ci:.�;�:�;r�;�;�;�;r-�;�;��;�.r� C 1997 National Notary Association-9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-878-8827 No. 00009H 2 1CW GROUP Politer of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESFNTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The 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 die State of Texas,(collectively referred to as the"Companies'),do hereby appoint MICHAEL IL LANGAN their true and lawful Attemey(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. `t'arr+urru,. tNBLq* �� INSURANCE COMPANY OF THE WEST �wRroa„� y r�Lu¢ro4•,.tn� Lj TIIE EXPLORER INSURANCE COMPANY a 4 S n I INDEPENDENCE CASUALTY AND SURETY COMPANY afar to yr aural yl t.N °aoNr u tstt John 1{.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California ss_ County of San Diego On December 5,2003,before me.Mary Cobb,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to the 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. MARY COBS "- COMM.#1321341 AA �] NOTAPYPUSUC-CALIIFORFUA to S Comm�issio nE{NTY i SEPTEM13ER 20. 005 Mary Cobb,Notary Public RESOLUTIONS This Power of Attomey 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 Attomey 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,The Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attomey 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 WTIN£SS WHEREOF,I have set my hand this 21"4 day of M AF C}4 C>5 John H.Craig,Assistant Secretary To verify the authenticity of this Power of Attomey 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. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 921 30-2045 or call(858)350-2400. City of Huntington Beach Depament 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 Opporturuty Act of 1972 Gentlemen: The undersi6med, contractor on CC /Z/5 ZaSs ;4 Sf�T/vi✓ ffA�/�.i T1yN Project No. Title hereby certifies that all laborers, mechatics, apprentices, trainees, watchmen and Vuards employed by him or by any subcentractor 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 classificatioas set forth in the contractor training program provisions applicable to the wage rate paid. i - Si,p�ture arid Title 401 g:et auhCOM DECLARATION OF SATISFACTION OF CLAIMS f, sue/<. � �i✓�iYE,�,�,�iY .,1 �1 �. , state: (Name of Contractor) 9. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: i /2/S and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full. 3. The following are eiiher 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 4AI IV 7D V on this day of � , 20J3� (Location) SL c, (Signature of ontractor) A PARO VEI>A-q TO FORM IJEN NiF E R McGRATH,City Attomey. g:followuplcashconllcashcon2.doC nrab Sutton procedure#15 anuly City AttomCY J Company Profile Page a of 2 Company Profile -- -INSURANCE COMPANY-GF -THE-WEST PO BOX 85563 SAN DIEGO, CA 9z186-5563 800-877-IIII Agent for Service of Process JAMES III W. AUSTIN, 11455 EL CAMINO REAL SAN DIEGO, CA 92130-2045 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 27847 NAIC Group -n: ogzz California Company ID #: 2071-9 Date authorized in California: May 17, 1972 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CALIFORNIA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER http://cdinswww.insurance.ca.gov/pls/wu co_prof/idb_Co_prof Utl.get_co_proPp_EID=... 4/5/2oo5 Company Profile Page z of 2 SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information I� Company Enforcement Action Documents Company+ Performance & Comp arison Data Composite Complaint Studies Want More? Help Me Find a Company Representative ink Area Financial Rating Organizations Last Revised -November 04, 7004 tm8 AM Copyright 0 California Department of Insurance Disclaimer http://cdinswww.itisurance.ca.gov/pls/wu_co_prof/idb_co_prof utl.get_co_prOPp_EID=... 4/5/2005 CONSENT OF OWNER SURETY COMPANY ARCHITECT ❑ TO FINAL PAYMENTIRELEASE OF RETENTION CONTRACTOR SURETY AIA DOCUMENT G707 OTHER ❑ PROJECT: Sewer Rehabilitation Ross 'A Section Rehabilitation Project,CC#E 1215 (name,address) TO(Owner/General Contractor) CITY OF HUNTINGTON BEACH,CA. Architect's Project No. Contract For: Sewer Rehab work FINAL CONTRACT PRICE: $563,005.00 Bond Number 212 70 40 Contractor. Sancon Engineering II,Inc. In accordance with the provisions of the Contract between the CITY OF HUNTINGTON BEACH,CA, OWNER/OBLIGEE and SANCON ENGINEERING II, INC.,CONTRACTORIPRINCIPAL as indicated above,the INSURANCE COMPANY OF THE WEST,SURETY COMPANY,on bond of SANCON ENGINEERING 11, INC. , CONTRACTOR/PRINCIPAL, hereby approves of the final payment and/or the release of Retention held to the CONTRACTOR/PRINCIPAL,and agrees that final payment and/or the Release of Retention to the CONTRACTORIPRINCIPAL shall not relieve the INSURANCE COMPANY OF THE WEST,SURETY COMPANY of any of its obligations to THE CITY OF HUNTINGTON BEACH,CA.,OWNER/OBLIGEE,as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 23`d day of March,2005. INSURANCE COMPANY OF THE WEST Surety Company 'A I/ Signature o,VAuthorized Representative Attest: Michael R. Langan (Seal): Title: Attorney in Fact Note: This form is to be used as a companion document to AIA DOCUMENT G706,CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS,Current Edition AIA DOCUMENT 0707•CONSENT OF SURETY COMPANY TO FINAL PAYMENT•April 1970 Edition 0 AIAS One Page ©1970 9 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 New York Ave.,NW,Washington,D.C.20006 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 7 S� State of California ' ss. County of Its Angeles S OnMarch 23 , 2005 , before me, Katherine L. Banks, Notary Public Date Name and Title of Officer(e.g..'Jane Doe,Notary Publics S personally appeared Michael R. Langan hh Name(sl of Signer(s) T r rh _9 personally known to me ❑ proved to me on the basis of satisfactory evidence �r:,,�,a,I;Gann,ulntun,lain:,:...,:,•:•::,:,,.•,,,••:.:::•:•,..,.::::::,,-.:::• ::•,;:--.-:;~ to be the person(M whose nameOq is/aim , 4tATHERIN L. BANKS subscribed to the within instrument and 1337229 acknowledged to me that he/executed NOTARY PUBLIC- CALIFORNIA the same in hisAQRAtMW authorized > ._ .. LDS ANGELES COUNTY capacity( , and that by his/MDVOW4 My Comm.Expires Jan.31.2006 signature(a) on the instrument the person(a), or ?� (S �m,n,riniaunnuaomauuuu,rnm,uunnni:unniwiun:nne,uw,nuu::,un:•unr.,vi, (` the entity upon behalf of which the person() acted, executed the instrument. � S W9 7N my hand and officia se ?� r Place Notary Seal Above Signaturo at Notary P olic .� OPTI NAL r Though the information below is not required by law,it may prove valuable to persons relying on the document T and could prevent fraudulent removal and reattachment of this form to another document. r Description of Attached Document T Title or Type of Document: Consent of Surety Release Retention s Document Date: Number of Pages: , P Signer's)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Michael R. Irangan fi ❑ Individual Top of thumb here i ❑ Corporate Officer—Title(s): ? ❑ Partner—❑Limited Cr General P Attorney in Fact ❑ Trustee ❑ Guardian or Conservator t� ❑ Other: Signer Is Representing:Other- INSURANCE CCMPANY OF THE WEST 5 0 1997 National Notary Association•9350 De Salo Ave.,P.O.Box 2402•Chalssworlh.CA 91313-2402 P.od.No.5907 Reorder:Call Toll-Ftee 1-800-878-6827 • No. 0000982 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The 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 NUCHAEL R-LANGAN their true and lawful Attorneys)-in.-Fact with authority to date,execute,sign,seal.and deliver on behalf of the Companies.fidelity and surety bond,,undertakings, and other similar contracts ofsuretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 1 bth day of January,2001. 4Ecao'ar,�� P 1Nt3iJq* �4°" �ro� INSURANCE CONIPANY OF THE WEST 4+#aosraev� o�c,°pp0��rle j� r btitrr' � THE EXPLORER INSURANCE COMPANY -. � � 1 INDEPENDENCE CASUALTY AND SURETY SEAL nal i V COMPANY °tit iF to r John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California 55_ County of San Diego On December 5,2003,before me,Mary Cobb,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 true 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 instnument. Witness my hand and official seal. AAARY COBB /} COPhM.#1321341 (SQL~ t owyPUBLIC-CAUFORNIA SAN IXEGO COUNTY � My Commisswn tree SEPTEMBER 20,20D5 st Mon Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the tollowing 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 Anomev(s)-in-Fact to dale,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 - RFSOLVED 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 ttte 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 cite West,The 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 131�r)' day of r ' ' ARC.J4 15. John H.Craig,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1 1 1 1 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s)and details of die bond to which the power is attached. For information or filing claims,please contact Surety Claims,]CIA'Group, 11455 El Camino Real,San Diego,CA 92130 20d5 orcall(859)350-2400. PROOF OF PUBLICATION Notice is�tiereby given', that sealed bids will tie: re ceived4by'the,City:of; STATE OF CALIFORNIA) k office gf°the Ccn it the office of the City°CIerN I'at City Hall, 2000-Main S�• l;Street,'-_,Huntingloo Beach;' CP`92648, until County of Orange ) the sday,our of ZOO PM on Tuesday; July;+ 20; 4004, at-'`which''time ;bids"williahe'=t'o`pened publiclyland'read•aloud I am a Citizen of the United States and a �forhetheu"RIOSSam1Ch /4' SEWER;.-REHABILI All resident of the County aforesaid; I am iCION' PROJECT in tto ity ' n over the age of eighteen years and not a beach.' , ' A set-of plans, specs-I party to or interested in the below fications, . nda contract, documents'-nay- b:el entitled matter. I am a principal clerk of 23, 2 04—ar.City' °n.a ss, sooa,.at.city Haug. iDepartnrent'. of 'Public the HUNTINGTON BEACH INDEPENDENT, a Works.upon_receipt-°f,aJ ufori-refundable fee of newspa er of general circulation, printed '$25:.00'. sale3,;,tax,! yincluded,-If-.picked`up;orA and pu lished in the City of Huntington $95.00if.mailed. Beach, County of Orange, State of Eacn.hkd,rto be made; on the Proposal•Form, .provided in the contract. California and that attached Notice is a accumpaini ,-by-, all_be. ,accompanied�tiy;,a'cer�' true and complete copy as was printed -or.8 bid_b n&-.f' ino -or bid�bond��,f0��,notj and published in the Huntington Beach .less the.f-thabid;' the amount ol�tlie bid;made and Fountain Valley issues of said Panabletb; he.,City of; ?Huntingtonn,Beach.,The' j Contractor"sfialQin the newspaper to wit the issue(s) of. i performance.otythc,w`_ark and.-improvements;- :conform"'to-that-Labor l.Cod6,-of-.,the:'.State}of ,California and,,6ther July 1 , 2004 :Laws"nf_'the"State'& �Callforniafyfapplicablel :.thereto, ,with the- Jul ex y , 2004 caption+ronly" ofl"?such ,uarjatlons that,rnayrtie� July 15 , 2004 required, undarri,:ths i ecial statutesxpursu- ant to which'proceedirgs hereunder are;taken_and which 'have not been I declare, under penalty of perjury, that I;supisions f the Labor :Provisions of thee-Lahar the foregoing is true and correct. Cade. all be ence2;ta +,iab°r shall be given' only in the,manner.'provided by law..:t Ndli d shall be on- c sidered unless it is made Executed on Jul 15 2004 the a form,ty"ofurnished by -the City+iif Huntington y Beach. •DepartmentPubl ?-of at Costa Mesa, California rnada.nworks,-,land,tis 'made:in accordance;with -the provisions %f°the iproposal requirements. Each bidder must-be I licensed and :also prequalified_as requira7d Iby law. The City Council of the I SCity of Huntirigton7Beach reserves;tithe -right-;t'o reject any dr all bids. By order of the City Council,of the-citye,of Signature ornia gthe 1B7thCof'Majy 2004 Joan fFlgqnn. City Clerk of the Cif"el Huntinggton Beach '•- ,2000 Maln Strost ?a —�- i'—(714j 594 5491 . 1Pubiished? Hu`ntingloni .Beach:lndepandent July. 1,8_15,2004. .g71r6931 PROOF OF PUBLICATION E ,1407KEAIYIifHG ,Notkce 15 her" iven STATE OF CALIFORNIA) that sealed bids vriy be �received tiy'the City_of, [Huntington`Bescti at the !office of'the'City�CJerfi i SS. Sat City Hali;2000 Mein { IStrcet-,,�-H1302 ngliii County of Orange 'Beach;" of 2. 0-P144n. " :the hour of_7:60-PM-on. ITu day�-Julyy "Y0 2004,`at' which'�lime ibids"will'4be•'•'openad, I am a Citizen of the United States and a :pubi�cry:and`Cead`aroud, thd'Couilcil Chambers resident of the County aforesaid` I am S1 the R°ss `l _ SEWER;,.REHABlill A''. ON over the age of eighteen years, and not a City- PR-J6CT-at"-Huntirigtiiangtort Beach- party to or interested in the below A set of plans,_.speci;- ,fications,wand contract entitled matter. I am a principal clerk of documents May''ba obtained.rstarting yJ64 the HUNTINGTON BEACH INDEPENDENT a >ss, 2004,,Workat city.;tlan, Department._af.;:Pulilic: newspaper of general circulation, printed non-r .undabecefptio.of Inoo-refundable -fee-,�of- and published in the City of Huntington: is?s.00, Sales'�.p_-& 'included;-if;pickadi.up;or, 35.0 Beach, County of Orange, State of '5•Each if 'mailed. •.._:, bid siraH be-made on the Prnpo9alnForm= California, and that attached Notice is a provided 16 jhha contract documants, and sfiall,be true and complete copy as was printed ,tified or c4jd isr1.sa!heck tNiaA or cashrers�check; and published in the Huntington Beach le ass than ]0%"bidb10%'of`not: leof`the; and Fountain Valley issues of said amount of the bid,made ,payable to the City of � Huntington:-Beach. The newspaper to wit the issue(s) of: Contractor'shall,%in'the iperformancesof the;work-f iartd, improvem.ent`s, conform to tpe?Labor. Irode-of:the`:-Stt-1 a%,oS:i July 1 r 2004 California and",nthei. ' Laves-of 'tile-St`ate`of j July 8 , 2004 ?Caiifornrapj]appfrcabie,i 'thereto. with" the eK `ceptiori only 604ssuch j July 15, 2004 rvariatlons'that-Nmay�lbe i ;requir.sdi�un dsr'o:the: 'special 46tutes4 purse= ant to which-proceedings' ;;hereunder are taken and' I declare, under penalty of perjury, that supe have .not 'been , upersedeaYby= th-e ' provisions-of.the Labori the foregoing is true and correct. I Code. :Preferonce.;.to i.labor shall be given onlyJ in the;manner.- by law. -- n 's_ No bid shell tie con- �xeeuted an sidered unless it is made July 15 2004 on a formAurnisliediby_ the city.of_;Huntington at Costa Mesa, California. Beach; i0epartment"of. Public Works,...(end>iis-- madejn,accorda nce,with'+ the''provisions- of the, proposal regyirements4 tEach bidder must'bel licensed :and aalsot prequaiified as-requiredf by.law.:`- dli;ti.i The City Council of the, 'City' City:272oh HuntingtEr1 Beach? '.reserves'the right--to :reject any or ali bids: By order of the Cityl Signature Council of the-City-of; Huntington 0each, Cali- ifornia the 17th of May '2004, "3s Joan Etyynnn [IfY Clsrk o1 the Cify'ol Hunlinggf6n Beach ar y000.Maln Street-- ; '1714)598=549 J. P.ublishad`.-Huntington iseach'Independent July' fl;_8,;15,-2004-�p71•fi93, RECEIVED BY: CITY CLERK RECEIPT COPY / , , // Return DUPLICATE to /14Zf �' �i �r '-f!,/_ City Clerk's Office (Name] after signing/dating / 1 (Date) , ► CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari reidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for �T1 �_ /0��i>/etJ�L72/A)Fi (ComAffy Name) / Faithful Performance Bond No. 23 L2�t) Labor and Material Bond No. _ 2 / -70 -- � Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. ZJA MSC No. Approved Agenda Item No. (Cou cr Approval Date) City Clerk Vault No. `�i�- 1915 #27 g:lfollowuplbondletter doc CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK Se tember 2, 2004 JOAN L. FLYNN p CITY CLERK Sancon Engineering II, Inc 5841 Engineer Drive Huntington Beach, CA 92649 ATTN: Mr. Nick DiBenedetto, President Re: Ross 'ASection Rehabilitation — CC-1215 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing'the final amount of work'and materials . for one year. If your performance bond does not-include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, Joan L. Flynn City Clerk JF:pe cc: Robert F. Beardsley, Public Works Director Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g 1ollowuplcashcon ticash con-letter.doc k (telephone:714-535.5227) RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to R— City Clerks office (Name) after slgningldating (Date) , q CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shar' reidenrich, City Treasurer FROM: 2,4-- DATE: - -0 z-/ SUBJECT: Bond Acceptance have received the bonds for _L� �-� 1�6: (Company Name) � Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. --11 CC No. MSC No. Approved tp Agenda Item No. (Cou ciI Approval pate) �� City Clerk Vault No. #27 g:lfollowuP/bondlettwAac I.C.W. GROUP ®INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY ❑INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EL CAMINO REAL*SAN DIEGO,CA 92130-2045 P.O. BOX 85563,SAN DIEGO,CA 92186-5563(619)350-2400 FAX(619)350-2707 Bond Number. 212 70 40 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Sancon Engineering 11,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,as Obligee,hereinafter called Owner,in the amount of Five Hundred Eighty-six Thousand, Five Hundred Twelve and 00/100 Dollars, ($586,512.00),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 on or about August 16,2004 entered into a contract with Owner for the construction of the Ross'/.Section Rehabilitation Project;Cash Contract No. 1215 in accordance with drawings and specifications prepared by the current edition of Standard Specifications for Public Works(or the Architect employed by the Owner)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 su&ession of defaults under the contractor 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 12T"day of August,2004. Sancon Engineering 11, Inc. 5841 Engineer Drive, Huntington Beach,CA 92649 (WITNESS) By: ' (Title) ' INSURANCE COMPANY OF THE WEST 17852 E. 17m Street,Tustin,CA 2780 . By: (wlTlvEss) Michael Lang APPROVED AS TO FORM Attorney-In-Fact JEVCity ATH,City Mon my B ny MAY-10-2004 LION 11;21 AM IN GROUP fm nu. i i 14 nic oeuu 1 . V 1CW GROUP INSURANCE COMPANY OF THE West THE FJC"RItR INSURANCE COMPANY INDEPENDLNCE CASUALTY AND SURETY COMPANY rr 11455 JU Cho Red BOND 11 1 C) Sm Rion,Ca 12130-244S TERRORISM COVERAGE DISCLOSURE The Terrorism Risk Insurance Act of 2002 (the"Act') establishes a program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on the premium. Under the Act, insurers are required to provide coverage for certain losses.caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90"/0 of the amount of coveted losses caused by certain acts of terrorism that is in excess.of the smtmorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000.000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium chap has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in the overall premium. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Y State of California ss. County of Los Angeles On _August 12, 200rbefore me, Katherine L. Banks, Notary Public Dale Name antl Title o1 ollker(e.g-'Jane Doe.Nolory Public') personally appeared Michael R. Langan , Names)of Signef(s) PS personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person* whose name¢ is/am fllllRra:A➢me'fflllllnlllllllfllrrflltn„Illlllgnllll!PT.'..:,.Illllllhg,lijI I+mniirre.a..•. subscribed to the within instrument and KATHERINE L. BANKS 1 acknowledged to me that he/909AW executed (n COMM. # 1337229 < the same in hiss authorized tY ,`°� ., NOTARY PUBLIC - CALIFORNIA N capacity(W, and that by hisl�t 9 LOS ANGELES COUNTY F si nature g (a9 on the instrument the person(), or My Comm.Expires]on.31,2006 _i the entity upon behalf of which the person(gf L'lllillll II Iti] ............:11111114...................II...........I lint l l acted, executed the instrument. W S my hand and official sea! Place Notary Seal Above Signatrue al Notary Public OPT ONAL 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: Perfoxmance Bond _ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Michael R. Langan ❑ Individual Top aI trllullo Here ❑ Corporate Officer—Titte(s): ❑ Partner—❑ Limited ❑General Q 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 240E•Chatsworth.CA 91313.2402 Prod.No.5907 Reorder.Can TbiWree i-8ob-876.6827 No. 0000982 ICW GROUP Power of Attorney insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The 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 I•]ICHAEL R.LANGAN their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalfof 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 ofJanuary,2001. lttstlq AYO� INSURANCE COMPANY OF THE WEST sF �e`'�ope0/r+�s�;- d�1V 4 , THE EXPLORER INSURANCE COMPANY SEAL ,�n;1 Y a I\DEPENDENCE CASUALTY AND SURETY "+R� ., 'u'�i► '�. .+� t;0!1 ,a 1�� COMPANY John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California CUunty of San Diego ss. On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and John H.Craig,personal I 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 officci/iaal�l��seal.��, MA M.Y COBB tU �d NOTARY PUBUC-CALIFORMA V . MyyaCH.oDEGOr w COUNTY i r SEPTEM9ER 20.2QOS Mary Cobb,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,The 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 no v in full force. IN WITNESS WHEREOF,I have set my hand this T 2 day of 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 ofAttorney Number, the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. I.C.W.CROUP Bond No. 12170 40 11455 EL CAMINO REAL,SAN DIECO,CA 92130-2045 Telephone No(619)350-2400 FAX (619)350-2707 LABOR& MATERIAL PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: That Sancon Engineering 11, 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, as Obligee, hereinafter tailed Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Five Hundred Eighty-six Thousand, Five Hundred Twelve and 00/100 Dollars (5586,512.00), 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 on or about August 16, 2004 entered into a contract with Owner for construction of the Ross '/4 Section Rehabilitation Project,Cash Contract No. 1215 in accordance with drawings and specifications prepared by the current 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 Principal shall promptly made payment to all claimants as hereinafter defined, for all labor and material used or reasonably fequired for use in the performance of the Contract, and'if the Contractor or his subcontractors shall pay(a)amounts due under the Unemployment insurance required to be deducted, withheld and paid over to the Employment Development Department from the wages of the employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then this obligation shall be void;otherwise it shall remain in full force and effect,subject,however,to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety(90)days after the date on which the last of such claimant's work or labor was done or performed, or materials were famished by such claimant, may sue on this bond for the use of such claimant,prosecute the suit to final judgment for such sum or sums as may be justly due claimant,and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within ninety(90)days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for-which said claim is made,starting with substantial accuracy in the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal,Owner or Surety,at any place where ah office is regularly maintained for the transaction of business,or served in any manner in which legal process may be served in'the state in which the aforesaid project is located, save that such service need not be made a public officer. b) After the expiration of one (1)year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated,and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made'in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien by presented under and against this bond. 5. In case suit is brought upon the payment bond,the surety will pay a reasonable attorney's fee to be fixed by the court. Signed and sealed this 12th day of August,2004 SANCON ENGINEERING 11, INC. APPROVED AS TO FORM 5841 Engineer rive,Huntington Beach CA 92649,Telephone: (7124)891-2323 )EN IFER McGItATH,City Attorney (Principal) (Seal) D u r� on ty City Attorney (Title) INSURANCE COMPANY OF THE WEST 17852 E 17'r'Street,T stin,CA 780,Telephone:(714)832-9900 By: Michael R. Lt) gan Attorney-ln-Fact No. 0000982 IC«CROUP Power ofmtorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws ofthe State of Arizona,and Independence Casually and Surety Company,a Corporation duly organized under the laws ofthe State of Texas,(collectively referred to as the`Companies"),do hereby appoint NIICHAEL 8.LANGAN their true and lawfid Attomey(s)-in-Fact with authority to date,execute,sien,seal,and deliver on behalf ofthe Companies,fidelity and surety bonds,und_emkings, 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. INSURANCE COMPANY OF THE WEST rtoo►ct.rrer4 r. r'� r 4�1.t Es THE EXPLORER INSUR&N-CECONIPANY �6�r SEAL �� 51 1 } INDEPENDENCE CASUALTY AND SURETY Wes,,�atr \?. �C 1401; to'\ r y 1' '8 COMPANY �14� Sohn H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California County of San Diego SS. Orr December 5,2003,before me,Mary Cobb,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. MARY C099 COMM.#1321341 AA � NOTARYPUBLUC-CAIIFORtIlA N N ai Sari DIE GO CC NTY - W M Comm:ss,on xA,'rrs SMEMB5 20.2005 Mary Cobb,Notary Public RESOLUTIONS This Power of Attomey is granted and is signed,scaled 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 ofthe Rest,The Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in frill force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors ofthe Companies,and are no�wy in full force. IN WETNESS WHEREOF,I have set my hand this �day of John H.Craig,Assistant Secretary To verify the authenticity of this Power of Aromey you may call 1-800-57'-I I I I and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individtial(s)and details ofthe bond to which the power is attached. For information or fling claims,please contact Surety Claims,[CW Group, 11455 Ei Camino Real,San Diego,CA 92130.2045 or call(858)350-2400. I CALOFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of _ Lis Angeles on August 12, 200 before md, Katesiyie L•. Banks, N6tary Public Dale Name and Tale of Officer(e.g.,'Jane doe,Notary Pub4c") - - personally appeared Michael R. Langan Namefs)of Signer($) fJ personally known to me = ❑ proved to me on the basis of satisfactory evidence to be the person(Mf whose name* is/am subscribed to the within instrument and i ie i i uuumn.u•.... KATHERINE L. BANKS,,..,,' acknowledged to me that he/�executed can COM1� - the same in hiss authorized a` # 1337229 < capacity(i�, and that by his/� NWARY PUBLIC •CALIFORNIA "U _� LO$ANGE LES COUNTY ( signature($ on the instrument the person(), or MY Comm.Expires ien.31,2aos � the entity upon behalf of which the person(O -Luc:nnri„uWinuura:vu,u;uuu"",,,r':rr''rr:'r',rrnr:rr,; acted, executed the instrument. W THE my hand and officials Place Notary Seat above - Slgnalure of Notary Public - OPT NAL 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: Labox and Matexi.al Payment Bond Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Michael R. 1n�an . _ ElIndividual INE&SIMMAMOM Top ofthu"here ❑ Corporate Officer—Title(s): ❑ Partner—0 Limited 0 General Attomey in Pact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: Insurance g2E.pany of the West O 1997 National Notary Association•9350 De Solo Ave..P.D.Boa 2402•Chatsworth.CA 91 3 1 9-24 02 Prod.No.59D7 Reorder.Can Toll-Free 1.600-876-6827 ,aCORP, CERTIFICATE OF LIABILITY INSURANCE 08/09/20 4 PRODUCER (818)876-3336 FAX (818)876-3321 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Poms 81 Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 24025 Park Sorrento Attn: Mar H. Pavlo HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Y . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite #110 Oa - /a xl_� Calabasas, CA 91302 INSURERS AFFORDING COVERAGE NAIC# INSURED Sancon Engineering II, Inc. INSUIRERA- Virginia Surety Company, Inc.-A IX 5841 Engineer Drive (f4-a4l� INSURERB: Liberty Insurance Underwriters /XV Huntington Beach, CA 92649 n/y I:NSURERc: American Int'l . Specialty Lines +/XV INSJRER D: �0 INSJRER E� COVERAGES 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 SUB,)ECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I R DD' TYPE OF INSURANCE I POLICY NUMBER POLICY EFFECTIVE -PO LT LICY EXPIRATION LIMITS GENERAL LIABILITY EAC-I OCCURREVC= I$ 1,OOO,OOO X COMMERCIAL GENERAL LIABILITY ICGS0113200 10/01/2003 10/01/2004 DAMAGE TO_REVTFFD 5 50,OOO CLAIMS MADE FK OCCUR ;tED EXa Ary one pe-s^q] S 51000 A f PERSONAL&ADV INJURY S 1,000,000 i GENERAL AGGREGATE $ 2,000,000 GEN L AGGREGATE LIMIT APDLI=S PER: PRODUCTS-COMP-FOP AGG S 2,000,000 POLICY PRO- JECT X LOC AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT $ AyY AUTO (Ea accident; 1,000,000 ALL OWNED AUTOS BODILY INJURY ' SC-iEDLIL=_DAUTOS 1CA50113300 10/01/2003 10/01/2004 "Perpeson; S A X :HIRED AUTOS APPROVED A TO FORM BODILY WJURY $ X NON-O%IVN=D AUTOS �7 A �7 (Per aatide�ty J IF R RATH lty Att Cyj PPtOaERTY DAMAGE i /., -accident; GARAGE LIABILITY j JTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S ' AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE I$ 4,000,000 X OCCUR C CLAIMS MADE I AGGREGATE 5 4,000,000 B LQ1-671181325013 10/01/2003 10/01/2004 S DEDJCTIBLE S RETENTION $ S WORKERS COMPENSATION AND X WC STATJ- OTH- F EMPLOYERS'LIABILITY A ANY PROPRIETOR:'PA:RTNER;'EXECJTI%!E E.L.EACH ACCIDENT S 1,000,000 OFFICER!:"EMBER EXCLJDED? 1CW50113100 10/01/2003 10/01/2004 E.L.DiS=ASE-EA EYPLOYEE S 11000,000 If yes,describe under SaEC:AL PROVISIONS be(* E.L.DISEASE-POLICY LIMIT $ 11000,000 ontractor's Pollution CLAIMS MADE POLICY: C Liability (CPL) CPL1176136` 10/01/2003 10/01/2004 $1,000,000 Each Claim/Agg. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: All Operations t is agreed that the City of Huntington Beach, ETAL is named as Additional Insured per the attached endorsement. Waiver of Subrogation applies to Workers' Compensation per endt. attached. 10 Days Notice of Cancellation Shall Apply for Non-Payment of Premium. O SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL IXddM MAIL city of Huntington Beach 30'A DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT Attn: Christie Mendoza WWXKNMX*K)Et[N#1HfX](ltUuX*if**XXMUXiOWMX* ]QrXXX: P.O. Box 190 NW Adfd6 #II�XJ�M� XXXXXXXX: Huntington Beach, C4 92648 AUTHORIZED REPREs NTA VE ACORD 25(2001108) FAX: (714)536-5212 ©ACORD CORPORATION 1988 City of Huntington Beach Certificate issued to City of Huntington Beach 08/09/2004 Poms & Associates 08/09/2004 Virginia Surety Company, Inc. - Admitted A/IX Policy No. ICG50113200 Additional Insured - Owners, Lessees or Contractors (FORM B) This endorsement modifies insurance provided under the following: COMP'ERCIAL GENERAL LIABILITY PART SCHEDULE Name of Person or Organization: City of Huntington Beach, ITS AGENTS, OFFICERS AND EMPLOYEES (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. ISO ENDORSEMENT #CC 20 10 11 95 08/09/2004 WC WAIVER OF SUBROGATION Company : Virginia Surety Company, Inc. Policy Period: 10/1/03 - 04 ATTACHED TO AND FORMING A PART OF POLICY NUMBER ICG50113200 ENDORSEMENT EFFECTIVE 10/1/03 (Standard Time) 12:01 a.m. Producer: CPG/Spec. Risk Resources Ins. Agency, Inc. INSURED: Sancon Engineering II, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. City of Huntington Beach Certificate issued to City of Huntington Beach 09/09/2004 Poms & Associates This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule WHEN REQUIRED BY WRITTEN CONTRACT AND EVIDENCED BY CERTIFICATE OF INSURANCE ON FILE WITH THE CARRIER. gi - pao—& F �1 D AUTK RIZ EPRESENTATIVE DATE WC CPG 7(3/02) City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title Vll of the Civil Rights . Act and Equal Employment Opportunity Act of 1972 1 Gentlemen: The undersigned, contractor on: Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature and Title) APPROVED AS TO FORM JS IFER M,RATH,CayAts�ey 12 kSarah Su % ' A) gJ0II0wuplcashconticashcon 1.doc procedure#14 V DECLARATION OF SATISFACTION OF CLAIMS I, , state: . (!Name of Contractor) 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: i and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") declare under penalty of perjury that the foregoing is true and correct. Executed at on this day of , 20_. (Location) (Signature of Contractor) A PPRO VEA AS TO FORM UENNiFER M�GRATH,CityA#oruay g:foltowuplcasMconticashcon2.doc keputy b Sutton procedure#15 City Attorney !! CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR + SPall CtA R Plali..L7 `G c;o6'5H coN"[F'Atc�r Ho. all TABLE OF CONTENTS Page No. . STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAOES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDE,MNIFICATION. DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSAT[ON INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE:ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT&TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 26. NON-ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. ❑UPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND -!5N1-GON FN46tNP9FAt4b MT114 c. T FOR __.FOSS V4 sell!2N ?=9i4P$l L-47&-TI ON c^� �oNTF�- T No• I ZIS THIS AGREEMENT ("Agreement") made and entered into this day of AU G(,(� 20jQ4� by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and .INF1�1 N6 � ING. , a California hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as V-095, sry,--n OH lZ[S in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services. NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: I. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, 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. 04agree'coun IvA/16K14 1 CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, 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 in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), 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 thorough 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 the 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; 04agrce count%A::16 04 2 B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions. amendments or addenda thereto. D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, 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; E. Bid documents including the Notice Inviting Bids. the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. 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 a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOIZto the Department of Public 04a- e,;Coun1N/4!16 04 Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, 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 the 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 vkvl-= RJVJ*!F=V 1pkc##TY slx -TV04r-- tlVP N V S Dollars ($_506, rjl 2-0-2' ), as set forth ?o4.1P NO in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to SPW;;NT111 N6 completion within lY� {1?) T7AY5 from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 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 0 4agreelcounl}°4.11 Frog 4 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 provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. oaagree counw-.141l6.:04 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site., for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) 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, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, 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 Odaeree"counw/4.116f04 6 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 own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense. and be responsible for any and all payment of all taxes, 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 and/or the services performed hereunder. 11. 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 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 �WIL- flWWPW 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 herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further 04agreekounty/4/W04 7 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 the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including. but not limited 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 DPW shall grant a further period of time), notify 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 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 by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR. or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of-materials by CITY or 04agreelcouniv4i16iO4 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) 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. DPW shall promptly investigate the conditions and if it finds that such conditions do 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. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however. the time prescribed therefor may be extended by CITY. 04a-Tee CounI y4f16104 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. upon completion of the PROJECT. if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate. ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule. and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (.100%) of oar ucei;ounly 4f i 6:104 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, 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 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 a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost 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. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with 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 the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's 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. 04agreelcounty/4116iG4 1 1 17. 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. 18. INDEMNIFICATION. DEFENSE. HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature, 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 the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code. which requires.every employer 04agree/count}•/4/16/04 12 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 obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability 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 and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE Prior to the start of this Contract, CONTRACTOR shall furnish evidence of standard form commercial or comprehensive general liability insurance for any project requiring work to be performed in a public right-of-way. The policy shall have a combined single limit (general and automotive) of S2.0 million per occurrence for bodily injury, including death, personal injury, property damage and products liability, with $5.0 million general policy aggregate; or, alternatively $2.0 million aggregate separate for this Contract. CONTRACTOR shall maintain such coverage during the term of this Contract and any extensions thereof. The ORANGE COUNTY SANITATION DISTRICT ("DISTRICT") and CITY shall be named as an additional insured on such liability policy and thirty (30) days written notice of modification or cancellation of any such insurance shall be given by CONTRACTOR to CITY and DISTRICT. Such modification is subject to pre-approval by DISTRICT and CITY. If CONTRACTOR fails to maintain the required insurance coverage, DISTRICT and CITY 04 agfC&COunt}7-U 1 G;04 13 reserve the right to terminate the Contract or purchase such additional insurance and bill CONTRACTOR or deduct the cost thereof from any payments owed to CONTRACTOR. 21. 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; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty(30) days' prior written notice of CITY. 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 CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 04aerec C0L111 *Af1G 04 14 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten(10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence. or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR 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. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 0 iagr4ucaunty:'&:'16 04 1 J 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or 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. 26. NONASSIGNABILITY 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. 27. 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 the California Government Code. 04agrcC/C0Unnr4;161104 16 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold. or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a seated envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach 944C CIA ATTN: F-O {_T � • MA� `�'tiN 5$G�� NkZ1��-- 2000 Main Street Huntington Beach, CA 92648 bUbWW_2 D _WbC40 CA q2---64 { (14agreekounly:4:�16 O4 17 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laves of the United States and shall, in particular, comply with the provisions of United States Code Section l 324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party i 04agrcc!lcuun1yl4/16iO4 18 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole. according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate.originals, each"of which so executed shall, 04ag ecicuunt) 4:16:104 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it_ 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40_ ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter 04 agrecicounty/4/1 6/04 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 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 _ SANGo� �nlG/WIFE R//JG _� . Xr.IG. Mayor By:�� (!rux-I- 7-*)A1%50'JS ATTEST: print name ITS: (circle one)Chairman/Presiden ce Presiden AND City Clerk By: APPROVED AS TO FORM: print name � IT - . ' cle one)Secretary/Chief Financial Officer/Asst. City Attorney Secrets -Treasurer ITI TED/ ROVED: REVIEWED AND APPROVED: ^--Illirector of Public Works City Administrator 04agrm/county/4/t 6/04 21 I ZExH1517- SECTION C PROPOSAL for the ROSS 1/4 SECTION REHABILITATION PROJECT CASH CONTRACT No. 1215 in the CITY OF HliNTINGTON BEACH TO THE HONORABLE MAYOR ,AND MEMBERS OF THE COUNCIL OF HUNTI`IGTONT 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 Iabor, 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 75 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 AGENTCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govem over figures. C-1 i 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 $i Q 0i"5 in the amount of S &D which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or"Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received I Bidder's Signature I I i C-z 07/20/2034 09: 15 7143741573 CH3 ENS PAGE t32M PROJECT DID SCHEDULE . ......... .......... !*A 00 :1 un lavo "A Mou t..U ", I Nlobi'izvion of equipment&materials. =np sum @ DUR TKQ JSAhp_LIVE t.gLV_QPXD Dollars --cents Per lump sum 2 1 Traffic Control per Specs. Jump sum @ _MQ0A_-M Dollars 1 ,000.00 $7,000.00 _gEVE�L T 7 Cer!s Per lump sVM 3 1 Drrnobiflzadon of quipmet&materials. lump sum @ _—Dolift-3 S4,500,00 S4.500.00 No Cants IPer tun,p surn 4 16905 Clean and inspect a" pipe per Speer. Dollars s ,9, 5'0 S 8,�'fo2 _—Centr Per 11. 5 *5 Clean and inspeat 15"pipe per Specs. 121-IN —Dnlla-s 5 10. 50 5 1S6 1F Cc its /per U. /_ 6 16805 Linc and inspect 8"pipe p:r Specs. @—-j74/0W—/Y- -51;K —DoVars ;26 Cent Per 1.f, 7 : 15 Unc and insp—tut 15"pips per Specs. 04? @ -Zwo 14ayPA6j) Dollars 'z4leo xCents Per 1.f. 8 3 Remove and replace ciean out per Specs, each @ .0oug. —jWy.5.41 Q_FAA S #00 S. 13'2 L,-v ?&Ua Cents Per each 9 '402 R.--open service lateral per Specs, &70 74"X7477/ -5 i X Dol!arq _Z each @ $ /0 _—Cents I Per each 10 10 Grind protruding scrvice'atml per Specs. pp po each ED f Dollars $ 50 S Sao Cents 4per each 07/20/2094 09: 15 71»3741573 CHB ENG PAS 03/@3 PROJECT BID SCHEDULE fen ow,, ........usiitC ......... ..... ..... .... -M......... . .............. ...... 11 600 Rehabilitation of scwcr manhole per Specs. 6o V.f. @ omg z1wA(PA6 b r///g ry Dollars s 13 a Y 5-Zz Cents Per v.f. 12 320 APC placement as required per Specs. .q.yd. @ 6"16M1f _Dollars $ 434 Cents Per sq. Xd, 13 5 Remove anal replace%, me and cover per Sp=s. co aD each @ '61C Dollars $ BOO r $ 7 4V0 Cents Per each 14 NOT USED @ Dollars $ ceritt Per is NOT USED @ Dollars S Cents I jPer DO Total Amount Bid in Figures: Total Amount Bid in Words. '/V,6 AW-D,4 D 4 H 7Y S/X as,)-?V0 ?WF—LV4 Dz-11—L-A-AS 4-^ID C.6A"75 .................. ......... -------------- .................................... ...... ......................11 C-25 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion _Name and Address ofSubcon tractor State License Class of ff ork I Number A Cil 94.z--r O� a i G�, ,o , 0 7 Jr S z 3G i I i I I i By submission of this proposal, the Bidder certifies: 1. That they are 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 s s. County of Orange 13 ��i��yL*JD�- , being first duly sworn, deposes and says that he or she is of 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 diNULyed 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 bids Dame of Bidder �r Signature of Bidder Address of Bidder h Subscribed and sworn to before me this I day of kt,i 200�, Qoaft1an f 1422181 NO"Ftdit•C 30kw uu orange Couaw OWAL JL4 2,=7 NOTARY PUBLIC NOTARY SEAL CA [iTILITY 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 ROSS 1/4 SECTION REHABILITATION PROJECT; CC-1215, (1)(we)(1t) 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: A person who, by reason of expel- e7ice or iiisti-tictio11, Is familiar tivith the operation to be performed and the ha=ands involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California CAL/OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contractor - t By 300 / olLrNys wo�Tr! Sc-G✓��I Title Date: ham`- c rjl i C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of penury, 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 o If the inswer 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-G - 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. 1 am aware of the provisions of Section 3700 of the Labor Code, which require even., 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�it/GDi✓ n�41•✓tr /t�•v4 AL / . Contractor By J3 DL3 //j, fs c�►�oRTtt — Sc G2&T&Its/ Title / Date: ] / 9— D i 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 4216i4217 of the Government Code requires a Dig Alert Identification'Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Dumber, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Dote: This fora: is required for evefy Dig Alert Identification iYumber issued by U.S.A. during the course of the Work. .Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct; Bidder Name --- -���f-�Fl�.✓a�„�t Lit _/�2 _ .. , .,._— Business Address czqL City, State Zip Telephone Number State Contractor's License No. and Class Original Date Issued l - -3 005� _ Expiration Date The work site was inspected by our office on 7-- �S ?00 The following are persons, firms, and corporations having a principal interest in this proposal: ti��/C f�.r�,�•+�lrv4'llo f°ir��v..-T �D[3 /�o�-rid t�✓OtiT N St^-G.-- k 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 -- L3 o6 1Y011t fJ w v?rH Printed or Typed Signature -VA Subscribed and sworn to before me this�_day of , 2004 ON M.tCNM N •UnIst ,D ,N�►nae-carana CMXWCOW* NOTARY PLBLT ~ �� Comm.UP' ' W7 NOTARY SEAL Listed belo%N? are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: r'Aalc Poa� Name and Address of Public Agency Name and Telephone No. of Project Manager: v'i,; 7/y g-dZ-3 " 4vr3 2 3 o s a 21i.rr_ /fA't.1.r 2 /03 Contract Amount^ Type of Eo Date C mo pleted 2. fT o /•/y•,.j.r�fo•✓ 1� rclf _. 6yo- ...tAr%✓ sT f��_C9- _97<y� Name and Address of Public Agency Name and Telephone No. of Project Manager: 12,9vy �-47/ Contract AmountTvpe of Work Date Completed G S`o so oT!! -s904e'.r Name and Address of Pu lic Agency Name and Telephone No. of Project Manager: A-Z ,Rf 62/3) eHy` J;y'A q Cont cart Amount _ Type of Work Date Completed C-10 I r The following information must be returned with the bid Bidder's name: dr Bidder's address: Nv�i- 01MCk CIO '726*g Phone number: (74y) �qr 3 z Fax number: (�,,Y) X-91 2 572,Y Pipeline rehabilitation process (trade name) bid: _^�j.�t- �L.✓�rit (Choose only one per Section B- "Instructions to Bidders" #12) Manhole rehabilitation process (trade name) bid: S�.s•c�.►r Sao Attach a letter to this sheet from the manufacturer stating that: 1. The installer (bidder) listed above is factory licensed and trained.- 2. SDR thickness supplied (see 500-1) 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: .,g a S _ Address: ,f Telephone number: (5�;2) (a 33 Contact person: Laboratory number 2: Name: Address: Telephone number: (71y ) 630 - 30v3 Contact person: Laboratory number 3: Name: Address: D OZ&x &CO Telephone number: Contact person: C-1 I american pipe & plastics P.O. Box 577, Binghamton, New York 13902 Phone 607 775-4340 Inc. Web Site www.ampipe.com Fax 607 775-2707 April 15,2004 To Whom It May Concern: Sancon Engineering Inc.,of Huntington Beach,CA,is a factory licensed and trained installer of the AM-LI'_JER Trenchless Pipeline Rehabilitation Materials manufactured by American Pipe and Plastics. The American_Pipe and Plastics, AM-LINER PVC manufacturing facility, is located in Kirkwood,NY. This Plants process/procedures and production quality,control were inspected and evaluated by a seven member team representing the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and Southern California Districts Associated General Contractors of California GREENBOOK Standard Specifications for Public Works Construction. This inspection took place on October 31, 1994-November 1, 1994. The seven-member inspection team was composed of the following indh iduals: Inspector Position Agency, Walt Shioji Chairperson-Pipe Rehab.Task force City of LA,Eng.Div. George Parkinson Chairperson-New Materials Sub Committee.City,of San Diego,Eng. Div. Hugh Lee Task Force Member City of LA, Structural Eng.Div. Ker-Shin Nung Task Force Member City of LA Standards Laboratory Jesus Aceves, Task Force Member City of LA, Contract Adm.,Inspection Iraj Asqharzaded Task Force Member City of San Diego, Water Dept.,Design Dave Badgley Task Force Member Factory Rep. AM-LINER American Pipe and Plastics manufacturers AM-LINER in SDR thickness'that exceed the minimum SDR of 35. AM-LINER standard material is manufactured in SDR 32.5 and 26. American Pipe and Plastics has adequate manufacturing and supply capabilities to proNhde the necessary amount of AM-LINER material and will supply the necessary amount of materials within the construction time frame. The formulation for the AM-Liner PVC material is patented and has not changed since it passed the specified GREENBOOK chemical resistance testing. Charlie Munson Technical Diroctor - 100 EPDXY/URETHANE COATING SYSTEM ■ Designed for Sanitation Systems ■ High Build, Flexible, Non Shrinking o Bonds to Damp Concrete Product Description Deteriorated concrete surfaces Sancon 140 is a two coat must be cleaned by high protective coating system for pressure water to sound con- Chervi a e-l.Rsi§tance @ 70°F crete. The surface must be free concrete which uses a high Acids _r adhesion and moisture tolerant of oil, grease, soft concrete or epoxy base coat and a high existing coatings. 50% Sulfuric l =" build polyurethane elastomer .43% Phosphorlc I : top coat. The resulting system Steel. Steel surfaces require grit provides the adhesion of blast to near white metal. 3T/o Hydrochloric FC : p (SSPC SP-10) Primer must be epoxy and the flexibility 50% Acetic applied to a dust free surface of polyurethane. prior to surface rust appearing. 15% Chromic-, FC- Recommended Uses Application 14% Nitric FC Sancon 100 was specifically Concrete. Epoxy and polyure- Bases..-':-., .. developed for protecting thane are applied through plural <- concrete and steel surfaces component equipment which 25% Sodium Hydroxide 1 exposed to the corrosive and mixes both components before 20% potassium Hydroxide,- I. abrasive environment of the spray gun. Both materials sanitary systems. The typical are applied in one continuous 290/a:Ammonium Hydroxide application involves coating coat until the desired thickness below grade concrete in a live is reached. Recommended = Salts sewer condition. thickness for the epoxy coat is '20% Sodium Chloride I :. between 1 to 2 mils. Recom- Characteristics ' '1%.•Ferric Chloride w._ mended thickness for the The Sancon 100 system is polyurethane is between 60 and a fast drying and fast curing 125 mils depending on the Hydrocarbons_ protective lining which develops particular service requirements Soaps and Detergents high bond strengths to both dry and the surface profile. -= and damp concrete. It contains Petroleum Oils•. no solvents to evaporate, Application of the polyurethane Vegetable,.Oils therefore, no drying shrinkage must take place prior to the occurs. epoxy becoming tack free. Solvents Not Recommended Where the coating application - Sancon 100 polyurethane cannot be completed in one Weathering Discoloration,.No remains flexible throughout its continuous operation: or where Physical Degradation: life, yet is highly resistant to a second coat of polyurethane abrasion and impact. is needed, a 1 to 2 mil thick "` 1—lmmersivrr ;.FC—Frequent Contact prime coat of epoxy must be Surface Preparation used for the adhesion of the - Concrete. No surface prepara- polyurethane to the cured Lion is required on clean polyurethane. concrete surfaces free from curing compounds, oils, Steel. Steel surfaces require existing coatings or other polyurethane primer in lieu foreign materials. Grit blasting of epoxy. Primer thickness is required where the coating should be 1 to 2 mils. Recom- is subject to immersion service. mended thickness on steel is between 40 to 60 mils. Newly placed concrete or gunned mortar may be coated as soon as the initial set. ENGINEERING II, INC. July 19, 2004 TO: Whom It May Concern RE: ROSS 1 /4 SECTION REHABILITATION—CASH CONTRACT NO. 1215 CITY OF FIUNTINGTON BEACH This is to certify that Sancon Engineering II, Inc., is the manufacturer of Sancon 100 polyurethane protective coating material as specified for use in the manhole rehabilitation portion of work on the above referenced project. All Sancon Engineering 11, Inc. applicators have been fully trained and certified via our applicator's course to apply the Sancon 100 polyurethane coating system. In addition, all applicator's to be used on the project will have a minimum of 5-years experience in the application of the Sancon 100 polyurethane protective coating system. Sincerely, SArCON NGINEERI'�1G I1, C. Bob Hollingsworth Secretary 5841 ENGINEER DRIVE HUNTINGTON BEACH, CA 92649 (714) 891-2323 (800) 726-2664 ENGINEERING II, INC. July 19, 2004 TO: Whom It May Concern RE: ROSS 1 /4 SECTION REHABILITATION— CASH CONTRACT NO. 1215 CITY OF HUNTINGTON BEACH This is to certify that Sancon Engineering II, Inc., as the manufacturer of Sancon 100 polyurethane protective coating material, can deliver all necessary Sancon 100 polyurethane materials necessary to support completion of the manhole rehabilitation portion of work on the above referenced project within the specified 75 working days for this project. Sincerely, SANCON ENGINEERING 11, IN r Bob Hollingsworth Secretary 5841 ENGINEER DRIVE HUNTINGTON BEACH, CA 92649 (714) 891-2323 (800) 726-2664 I.C.W. GROUP ®INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY ❑INDEPENDENCE CASUALTY AND SURETY COMPANY BOND NO. 148 65 68 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, Sancon Engineering II, Inc, (hereinafter called the Principal), and Insurance Company of the West, a corporation organized and doing business under and,by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, as Surety, are held and firmly bound unto City of Huntington Beach(hereinafter called the obligee) in the just and full sum of ten percent of the total amount of the bid in Dollars ($10%) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors,administrators, successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated July 20, 2004 for Ross '/4 Section Rehabilitation Project, Cash Contract No. 121.5, in accordance with the plans and specifications fled 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 29th of dune,2004. SANCON ENGINEERING 11,INC. 5841 Engineer Drive,Huntington Bea h,CA 92649 Phone No: 714-891-2323 BY: 44 Insurance Company of the West 17852 E. 170'Street,Tustin,C 780 Phone No: 714-832-9900 BY: Michael R. Wgeq Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of C:A T.T F n R NIA County of LOS ANGELES On June 29 , 2004 before me, _ Katherine L. Banks, Notary Public , DATE NAME,TITLE OF OFFICER.E.G.,'JANE DOE,NOTARY PUBLIC- personally appeared _Michael R. Langan , NAME(S)OF SIGNERS) ®)personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be.the person(} whose nameW isle subscribed to the within instrument and ac- knowledged to me that heMMf%'Xexecuted the same in hisllzeuditxedir authoriq*. capacitylWI, and that by hisW#&f x signature(t) on the instrument the person(a), or the entity upon behalf of which the r.�l7tl:nminuu,:.,.0...:................... :.:......:.nnu:.,uunu.-Ilr.. „:,,: KATHERINE L. BANKSperson(79) acted, executed the instrument. cn ....' + C YO M. # 1337229 < l; NOTARY PUBLIC CALIFORNIA u;L1S AVGELE WITNES my hand and official se I. S COUNTY �— My Comm.Expires Jan.31,2006 s lil:lllllllllllllll[illlllllillllll FIIII,1111111111„>:I,I,:,IIIIIIIIIIIIIIIIIIIIIInllillllllli11111111111E11111:I L SIGNATURE Of NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bid Bond TITLE OR TYPE OF DOCUMENT T1ntp ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING, NAME OF PERSON(S)OR ENTITY(IESI SIGNER(S)OTHER THAN NAMED ABOVE INSURANCE CQUANY OF THE WEST ©1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309.7184 No. 0ON982 ICIV CROGP Power of Attorney Insurance Company-of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN 13Y THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State ai Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws ofthe State of Texas,(collectively referred to as the"Companies"),do hereby appoint MICHAEL R.LAN GAIN their taste and lawful Attorney(s)-m-Fact with authority to date,execute,sign,seal,and deliver on behalfof 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. 4t,O-Aro<l Q tN8l/R4 °r INSURANCE CO�1PANY OF THE WEST THE EXPLORER INSURANCE CONIPANY �yco•w�rta •1 l�p4/� "•rR,4 lurk 8; k '; �I SEAL_I��! ICI ,r, .�.y i�� INDEPENDENCE CASUALTY AND SURETY \�~0iioax`'•gar 4\�i���` COMPANY John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California ) SS. County of San Diego On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared Tobin L.Hamntm 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 behal f of which the persons acted,executed the instrument. Witness my hand and official seal. MAR# /j COh1AA.#1321?324341 A 0 NOTARY PU$L!C-CAUFr)AUlA N SAN OIEGO COUNTY f r Myy Cammtsalon Explrtts SEPTEMBER 20.2005 Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signantres 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 Attorneys)-in-Fact to date,execute,sign, seal,and deliver on behalfof 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." CERTVCATE 1,the undersigned,Assistant Secretary of Insurance Company of the West,The 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,andt�renn w in full force. IN WITNESS WHEREOF,I have set my hand this E4' day of --- YLW-. John H.Craie,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Sui ety 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. For information or filing claims,please contact Surety Claims,ICW Group, t455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. 07/14/2004 14: 38 7143741573 CHB ENG PAGE 02/e4 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (7 1 4) 374-1573 ADDENDUM NUMBER ONE For ROSS % SECTION REHABILITATION PROJECT CC- 1215 July 14, 2004 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions Replace the Project Bid Schedule with the Revised Project Bid Schedule attached (Bid item number 12 - APC placement quantities have been revised from 1320 to 320 square yards (sq. yd.)): Any deviation from this notification procedure must be approved by the Engineer. This modification does not change the Engineer's Estimate for this project. This is to acknowledge receipt and review of Addendum Number one, dated July 14, 2004. i Company Name Date- — All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please contact Steve Krieger at (714) 536-5259. jV PIA - v � _' 4 -_ P�TeNTeo s is a strong, effective PVC pipe lining system which allows for repair of broken and leaking underground sewer lines without costly and time consuming excavation. a. ��� 'u '���CF�-�`a� -•--' �i'x_.r C.� �� x- `''�4- ".:'. r. i --x�� u'� i'f-ram �'- x-,' Once installed, AM-LINER II is �--� continuous from manhole to ., :.: manhole, eliminating leakingjoints, 0 is manufactured from a polyvinyl root intrusion, and further damage to chloride compound specially formu- the existing host pipe by corrosive lated for pipeline rehabilitation. sever gases and chemicals. 0 is resistant to all normal sewer effluents. is manufactured to SDR 32.5 and (0 trenchless technology SDR 26 to line sewer pipe from 6 inch Q Fast installation to 12 inch diameter. 0 conforms to ASTM standards F-1867 0 seamless interior and F-1871. 0, structural resistant to gases, chemicals, and corrosion 05 consistent high quality 0 qualified licensed installers For more information and the ®® name of a licensed installer in your- area contact: american pipe & plastics, Inc. P.O. Box 577 Binghamton, N.Y. 13902 phone: 607-775-4340 fax: 607-775-2707 www.amliner.com Data Sheet _ 16m PATENTED the trenchless, manhole-to-manhole sewer pipeline rehabilitation system 0 AM-Liner II is manufactured from a polyvinyl chloride compound specially formulated for pipeline rehabilitation. AM-Liner It is resistant to all normal sewer effluents due to the superior chemical and flame resistant properties of polyvinyl chloride. - AM-Liner R is manufactured to SDR 32.5 and SDR 26 to line sewer pipe from 6-inch to 12-inch diameter. El AM-Liner H conforms to ASTM Standards F-1867 and F-1871. L-.�`'o��::rat ����.v�'E'•'��.� Coefficient of Linear Thermal Expansion*.....ASTM-D696 4.17x10-5in./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% Min. 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. AM-Liner II is manufactured by American Pipe & Plastics, Inc. MSMBeR P.D. Box 577, Binghamton, NY 13902 PM: 607-775-4340 FX:607-775 2707 Web Site:www.tiennettampipe E-Mail:amliner@servtech.com 3V AM-LINER" PIPE THICKNESS CALCULATIONS FOR ROSS 114 SECTION REHABILITATION PROJECT, CC NO. 1215 CITY OF HUNTINGTON BEACH Thickness Calculations for 8-Inch AM-Liner" PVC Pipe Liner AM-Liner" Dimensions Liner Diameter (in.) 8 in Liner Thickness (in.) 0.246 in Liner SDR j j 32.5 A_;" P„hy„sica�ertl,es Initial Tensile Stress (psi) I 36001 psi Initial Flexural Strength (psi) 4100 psi Initial Flexural Modulus of Elasticity (psi) 155,000 psi Long-Term Modulus of Elasticity (psi) 77,500,psi Existing Host„Pipe�,cteristics Existingpipe full deteriorated Ovality (%) 2 % Soil Characteristics Type of Soil j I clay w = Soil density (per ; j j I 120:pcf Es = Soil modulus (psi) 1 000 psi Safety Factor {N) 2.0 H = Max soil height over pipe (ft) 101ft Hw = Assumed height of water above pipe ft 7 ft 16f6G1Nf ER y d � dW o ra y d d Sancon Engineering II, Inc. ene , P.E. �lS1J32! � S AM-LINERII PIPE THICKNESS CALCULATIONS FOR ROS 1/4 SECTION REHABILITATION PROJECT, CC NO. 1215 CITY OF HUNTINGTON BEACH Thickness Calculations for 8-Inch AM-Linerll PVC Pipe Liner I. Determine the loading on the pipe using the modified Marston Formula and the Boussinesci Formula Base Equation: Total Load (Wtot} = We + WI where: I Dead Load_(We) = Cd * w "" Bc * Bd (Marston Formula} Cd = loading coeficient Cd =11 - eA(-2 * ku' * HIBd) 2 * ku' e = 2.718 H = Height of soil above pipe H = 10 ft ku' = .130 ku' = 0.13 w = soil density (psf) ; ' w = 120 pcf Bc = diameter of pipe (in) Bc = 8 in Bd = trench width (ft) Bd =I 2.67 I ft Cd = 2.40 Dead Load (Wc) I I We = 510.99 Ibsl ft. Live Loads (H20 Highway) Live load (WI) = CI * P * (1 +1f) CI = Live load coeficient (1 ft) Cl = 0.008 P = wheel load (Ib) P = 16000 lb If = impact factor If = 0.00 Impact factor = .766 - .133 * H WI = 128 Ibsl ft. ( 0 <=If<=.5) I Therefore: Total Load (Wtot = We + WI I I Wtot =i 638.99 I Ibsl ft. Qa QEit GKI pO.NA�f p d Sancon Engineering II, Inc. ick Dnedn P.E. 9lE OF C AV�F AM-LINERII PIPE THICKNESS CALCULATIONS FOR ROSS 1/4 SECTION REHABILITATION PROJECT, CC NO. 1215 CITY OF HUNTINGTON BEACH Thickness Calculations for 8-Inch AM-Lineril PVC Pipe Liner 2. Determine External Pressure on Pipe Base equation: qa (psi) = Yw * Hw + (Rw WC)/D + WI/D Where: We = vertical soil load = (Ys * H * D) 1 144 Modified equation qa (psi) = Yw * Hw * 12in./ft. + (Rw * Ys * H) 1144 + WII (D * 12in./ft.) where: Yw = Specific weight of water (lb/in 43) Yw =j .0361 Win Hw = Height of water above pipe (ft.) I Hw =1 7.00 Ift Rw = Water Buoyancy Factor = 1-.33(Hw/H) Rw =1 0.77 Ys = Soil Density (Ib/ft"3) Ys = 120 pcf H = Height of soil above pipe (ft) H = 10 ft WI = Live load (Ib/ft) WI = 128 alb/ft D = Pipe Diameter (in.) ; D 8 in Therefore: External Pressure on the pipe a a = 10.77 pLsl vlcx a x z 26173 _ k SIMI6 SANCON ENGINEERING II, INC. ��DPbbeoMto, P.E. k. AM-LINERII PIPE THICKNESS CALCULATIONS FOR ROSS 1/4 SECTION REHABILITATION PROJECT, CC NO. 1215 CITY OF HUNTINGTON BEACH Thickness Calculations for 8-Inch AM-LinerlI PVC Pipe Liner 3. Thickness Required for Buckling Pressure Base Equation -- -- - - pa + C/N * (32*Rw*B'*Es*EIIDA3)^.5 I ! Modify the Base Equation by adding the following substitution: El = Pipe Wall Stiffness Factor = El * (t"3)112 I Modified Equation: t = 0.721 * D * ((N * ga1C)"21(EI * Rw * B' * Es))".333 where: I = Moment of Inertia (in"41in) = t"3112 t = minimum liner thickness (in i D = Pipe diameter (in) D 8 !in N = Safety Factor N = 2 qa = external presure on pipe (psi) qa = 10.77 psi ovality of Pipe (%) 1 2 C�Ovai ty Factor = ((1 - % ovality1100)1(1 + % ovality/100))"3 I C = 0.84 El = Long term modulus of elasticty (psi) El = 77,500 psi Rw = Water Buoyance factor Rw 0.96 B' = coefficient of elastic support = 11(1 + 4* a"(-0.065 * H)) B' = 0.32 Es = Modulus of soil reaction (psi} Es = 1,000 j psi H = Height of Soil above pipe (ft) H = 10 ft Minimum thickness required for 8" AM-LINER11 is t = 0.174 jin. Minimum specified thickness for 8" AM-LINER11 isi t = 0.225 lin. Therefore: Use Standard SDR 32.5 AM-LINER" with thickness of I t = 0.246 in. QSafESS/pH EpfRICX ca cro 26173 a i EXF 3/31 M c LP _ Sancon Engineering II, Inc. q1ADiBgfl@� #o, P.E. s CIPP PIPE THICKNESS CALCULATIONS ROSS 114 SECTION REHABILITATION, CC NO. 1215 CITY OF HUNTINGTON BEACH Thickness Calculations for 15-Inch Sancon CIPP Cured-in-Place Pipe Liner CIPP Dimensions Liner Diameter (in.) j 15 in Liner Thickness (in.) 0.472 in 12.0 mm Liner SDR ! 31 .8 CIPP Physical Properties Initial Tensile Stress (psi} 4000 psi Initial Flexural Modulus (psi) 5000 psi Initial Flexural Modulus of Elasticity (psi) 300,000 psi Long-Term Modulus of Elasticity (psi) 150,000 psi 1 I Existing Host Pipe Characteristics Existing_pipe fully deteriorated Ovality (%) 2 % Soil Characteristics w = Soil density (pcf) 120 pcf Es = Soil modulus (psi) 1000 psi Safety Factor (N) 1 2 i H = Max soil height over pipe (ft) 27 ft Hw = Assumed height of water above pipe ft 20 ft F QSDEES51QNq ��Sy y�o cz yo 26113 W- UP 13 5 Sancon Technologies, Inc. tic �detto, P.E. 4 CIPP PIPE THICKNESS CALCULATIONS ROSS 1/4 SECTION REHABILITATION, CC NO. 1215 CITY OF HUNTINGTON BEACH Thickness Calculations for 15-Inch Sancon CIPP Cured-in-Place Pipe Liner 1. Determine the loading on the pipe usino the modified Marston Formula and the Boussinesg Formula Base Equation: Total Load (Wtot) = We + WI Dead Load (Wc) = Cd * w * Bc * Bd (Marston Formula) Cd = loading coeficient Cd = 1 - e^(-2 * ku' * HIBd) 2 * ku' e = 2.718 11 H = Height of soil above pipe H = i 27 !ft ku' = .130 ku' = 0.13 w = soil density (psf) W =j 120 pcf Bc = diameter of pipe (in) _ Bc _ 15 lin Bd = trench width (ft) Bd = 3.25 ft Cd = 3.40 Dead Load (Wj We =1 1658.72 Ibsl ft. Live load (WI) = Cl * P * (1 +1f) Cl = Live load coeficient (1 ft) for Single Axle Truck) CI = 0.002 P = wheel load (lb) P = 16000 lb If = impact factor = .766 - .133 * H; ( 0 <=lf<=.5) If = 0.00 Therefore: Live Load (WI) is: Wi =1 32.00 Ibsl ft. Therefore: Total Load (Wtot = We + WI) Wt.t = 1690.72 Ibsl ft. p c l( 'O/ 41 F � 173 ;05 Sancon Engineering II, Inc. ! ! ig DiBen etto,.P.E. q CIVUVI Pf O F C Wv'-. CIPP PIPE THICKNESS CALCULATIONS ROSS 114 SECTION REHABILITATION, CC NO. 1215 CITY OF HUNTINGTON BEACH Thickness Calculations for 15-Inch Sancon CIPP Cured-in-Place Pipe Liner 2. Determine External Pressure on Pipe Base equation: qa Hw + (Rw * Wc)/D + WI/D Where: We = vertical soil load = (Ys H D) 1 144 i Modified equation qa (psi) = Yw * Hw * 12in.1ft. + (Rw * Ys * H) 1144 + WII (D * 12in.lft.) where: Yw = Specific weight of water (lb/in A ) Yw = .0361 lb/in A3 Hw = Height of water above pipe (ft.) Hw = 20.00 ft Rw = Water Buoyancy Factor = 1-.33(Hw/H) Rw = 0.76 Ys = Soil Density (lblft^3) Ys = 120 pcf H = Height of soil above pipe (ft) ; H = 27 ft WI = Live load (lb/ft) WI =1 32 lb/ft D = Pipe Diameter (in.) D =1 15 �in i Therefore: External Pressure on the pip ga = 25.84 si IZSE OS10441 Qp �a1GK D/9 Fy O �c0 Fyn Ci . y o 261j3 _ �u EXP Sancon Engineering II, Inc. S Nick R��enedetto, P.E. lgr� Qf . CIPP PIPE THICKNESS CALCULATIONS ROSS 114 SECTION REHABILITATION, CC NO. 1215 CITY OF HUNTINGTON BEACH Thickness Calculations for 15-Inch Sancon CIPP Cured-in-Place Pipe Liner 3. Thickness Required for Buckling Pressure Base Equation qa + C/N * (32*Rw*B'*Es*EIIDA3)^.5 Modify the Base Equation by adding the following substitution: El = Pipe Wall Stiffness Factor = El * (t^3)112 Modified Equation:_ I i t = 0.721 * D * ((N * ga1C)^21(EI * Rw B' * Es))A.333 i where: I = Moment of Inertia (in^41in) = t^3112 t = minimum liner thickness (in) D = Pipe diameter (in) D 15 'in N = Safety Factor N = 2 i qa = external presure on pipe (psi) qa = 25.84 psi Ovality of Pipe (%} 2 % C = Ovality Factor = ((1 - % ovality1100)1(1 + % oyality1100)}^3 C =1 0.84 El = Long term modulus of elasticty (psi} El = 150,000 psi Rw = Water Buoyance factor Rw = 0.76 B' = coefficient of elastic support = 1I(1 + 4* a^(-0.065 * H)� B' _1 0.59 ! Es = Modulus of soil reaction (psi) Es = 1,000 psi I i H = Height of Soil above pipe (ft) H = 27 ft Therefore: The minimum CIPP thickness required is twn= j 0.417 ;in. 10.6 jmm Use Sancon CIPP with an actual thickness of t= 0.472 in. 12.0 ,mm Zr k/V Z yi p�2 C� 7,~ - � a' Sancon Engineering 11 Inc. eae tto, P.E. Council/Agency Meeting Held: Deferred/Continued to: `,RtApproved ❑ Conditionally Approved ❑ Denied ity lero Sig at re Council Meeting Date: August 16, 2004 Departmen D Number: PW 04-073 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL M.ZVBERS r r '- *S SUBMITTED BY: PENELOPE CUL ETH- FT, City Adminis ator PREPARED BY: ROBERT F. BEARDSLEY, PE, Director of Public Works SUBJECT: AWARD CONSTRUCTION CONTRACT FOR ROSS QUARTER SECTION SEWER REHABILITATION PROJECT, CC-1215 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments] Statement of issue: On July 20, 2004, bids were received for Ross Quarter Section Sewer Rehabilitation Project; CC — 1215. Staff recommends the award to Sancon Technologies, Inc., as the lowest responsive and responsible bidder. Funding Source: A reimbursable grant from the Orange County Sanitation District (OCSD) will fund one half of the project cost. Funds for the project are budgeted in the Sewer Service Fund, Sewer Line CIP, 51189002.82600. The Engineer's cost estimate is $820,000. Recommended Action: Motion to: 1. Accept the lowest responsive and responsible bid submitted by Sancon Technologies, Inc. in the amount of $586,512 and, 2. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract. Alternative Action(s): Reject all bids, and provide staff with an alternative direction. Analysis: The Ross Quarter Section Sewer Rehabilitation Project; CC-1215 consists of rehabilitating approximately 17,000 lineal feet of 45 year-old, 8—inch clay pipe and 75 manholes. The area is roughly bounded by Heil Avenue, 1-405 Freeway, Warner Avenue and Newland Street. G � t REQUEST FOR ACTION MEETING DATE: August 16, 2004 DEPARTMENT ID NUMBER: PW 04-073 On May 17, 2004, the City Council authorized the advertisement for bids, which were received on July 20, 2004. Staff has reviewed the bids and they are summarized below in order of increasing bid amounts: Bidding Contractor Bid Amount 1. Sancon Technologies, Inc. $586,512.00 2. Wesco Infrastructure $785,772.25 Staff completed the reference check for Sancon Technologies, Inc. and received favorable results from past clients. Additionally, Sancon Technologies, Inc. has performed similar jobs successfully for the City. Staff recommends award of the project to Sancon Technologies, Inc. Public Works Commission Action: The Public Works Commission reviewed and recommended the project on April 21, 2004, with a vote of 6-0-1. (Commissioner Gartland 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 2. Sample Construction Contract RCA Author: SEK:jg G:1R C A12004104-073 Aug 16 Krieger(award Ross CC1215).doc -2- 7129120041:08 PM ATTACHMENT # 1 � BDLSA AVE. �% w EDINGER 9NEIL 8 # AVE. NOT TO SCALD j w WARNER i 9 8 AVE. SLATER AVE. \,0 TA ERT A PACIFIC ' j o ES 403 CAR E V AVE. ~ Y(RKTQWN AVE. �sr ADAMS AVE. r- INDIANAPI US AYE. t TLANTA AVE. FIA� AVE. AN H� 1 HEIL a � z 3 w z LEGEND PROJECT AREA WARNER LOCATION MAP • � ,� CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ATTACHMENT #2 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUTNTINGTON BEACH AND FOR ........._,....,_. TABLE OF CONTENTS Page No. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATM DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED Q[ ANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION,DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES 017 INSURANCE;ADDITIONAL INSURED 14 22. NOTICE OF THIM PARTY CLAIM 15 23. DEFAULT&:TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS,ESTIMATES AND OTHER 16 26. NON-ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 CITY FUNDED CONSTRtiCTION CONTRACT BETWEEN S pJ111 El THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20 by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and a California hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, 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. 04agree/county/4116/04 1 CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, 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 in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), 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 thorough 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 the 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; , 04agree;county.4'16iO4 2 B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction. published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, 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; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. 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 a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOF to the Department of Public 04agreelcountr:114/16104 3 Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, 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 art acceptance of the terms of the bid or proposal which is in conflict herewith. 3. -QOMPENSATION 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 (S , as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within (_) consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 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 04agreekounty14/16iO4 4 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 Mth the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 04agree.-count•/4116/04 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be Iimited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) 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, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, 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 04agrce.'county/4116/04 6 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 own cost and expense. 10. INDEPENDENT CO'N TRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, 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 and/or the services performed hereunder. 11. LIQUIDATED_DAMAGESMELAYS 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 calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars (S ) 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 herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further 04agreelceunty/4/16104 7 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 Fill not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited 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 DPW shall grant a further period of time), notify 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 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 by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of-materials by CITY or 04aereelcounty4i 1 6104 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CO--NDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents: or (2) 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. DPW shall promptly investigate the conditions and if it finds that such conditions do 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. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 04agreeicounty!4/16iN 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern. final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of.each month up to one hundred percent (100%) of 04aorWcount-4116/04 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, 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 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 a acceptance of any part of the work. 15. 'VITHHELD CONTRACT FUNDS, SUBSTITUTTIG OF SECURITIES At the request and at the sole cost 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. 16, AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with 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 the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's 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. 0 lagrevcounty/4/16104 11 17. 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. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CON'TRACTOR's employees and damage to CONTTRACTOR'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 the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, whic4 requires,every employer 04agreelcountyl4/1604 12 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 obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability 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 and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE Prior to the start of this Contract, CONTRACTOR shall furnish evidence of standard form commercial or comprehensive general liability insurance for any project requiring work to be performed in a public right-of-way. The policy shall have a combined single limit (general and automotive) of $2.0 million per occurrence for bodily injury, including death, personal injury, property damage and products liability, with $5.0 million general policy aggregate; or, alternatively $2.0 million aggregate separate for this Contract. CONTRACTOR shall maintain such coverage during the term of this Contract and any extensions thereof. The ORANGE COUNTY SANITATION DISTRICT ("DISTRICT") and CITY shall be named as an additional insured on such liability policy and thirty (30) days written notice of modification or cancellation of any such insurance shall be given by CONTRACTOR to CITY and DISTRICT. Such modification is subject to pre-approval by DISTRICT and CITY. If CONTRACTOR fails to maintain the required insurance coverage, DISTRICT and CITY 04agree/county!4116104 l 3 reserve the right to terminate the Contract or purchase such additional insurance and bill CONTRACTOR or deduct the cost thereof from any payments owed to CONTRACTOR. 21. 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; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. 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 CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 04agiee county�,'tfi 01 14 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten(10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR 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. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 04agrre/countyr4116.104 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/z %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENT'S CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or 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. 26. NONASSIGNABILITY 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. 27. 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 the California Government Code. 04agreelcounty14116104 16 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), 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. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 04aeree?county/4'16 04 1 30. SECTION HEADINGS The titles. captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party 04a=reelcountylAi16104 18 shall bear its own attorney's fees, such that the prevailing parry shall not be entitled to recover its attorney's fees from the non-prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate.originals, each of which so executed shall. 04agree/counry/4/16/04 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its corisendapproval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so sunrive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in :N-riting and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation. and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in raliance on any representation, inducement, promise, agreement, :warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter 04agree/count}•/4/1&04 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 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 HU TINGTON BEACH, a municipal corporation of the State of California Mayor By: r ATTEST: print[tame ITS: (circle one)Chairman/Presfdent/Vice President City Clerk AND By: APPROVED AS TO FORM. print name ITS: (circle one)Secremry'Chief Financial Officer/Asst. City Attorney Secretary-Treasurer - INITIATED AND APPROVED: REVIEWED AND APPROVED: Director of Public Works City Administrator agree/formski-y coast,-4-03 21 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Contract for Ross Quarter Section Sewer Rehabilitation Project; CC-1215 COUNCIL MEETING DATE: August 16, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & le islative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attome ) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget. over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) { ) Assistant City Administrator (Initial) { ) City Administrator (Initial) { ) ( ) City Clerk { ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: SEK cc— 1215 BID DATE: Tuesday, July 20, 2004 TM 2:00 PM Engineer's Estimate: $ 820,000 BID LIST BIDDER'S NAVE TOTAL BID AlYIOUVT �\ 1 1' Wesco Infrastructure Technologies � 7 7 a� 2. $ Zebron Corporation Southwest Pipeline & Trenchless 4. Sancon Engineering 5. Insituform 6. Gelco Services, Inc. 7. $ S M Protective Coatings S. National. Plant Services, Inc. 9. Mike Bubaio Construction 10. $ Excel Paving 11. 12. $ �. 0. . 14. $ CHY OF' HUNT ING'1:6114 4EAC-ff, CA 2094 JUL 20 P Sq C.-) CD M-TI 10 -Z ci 0 z Inr WHl ry --H8V30 C) 30 c:) NUTKE 9MG SEALED B@S' for M121S H UNTINGTON BEACH Notice is hereby given that'sealed bids• tlbe ,received by the City of Huntington Beach it tMe office of the City Clerk INDEPENDENT at City Hall, 2000 Main _Street,- Huntl'ngton_ ------ Beach.'CA 92648. until' the hourof 2-00 PM on T gas day, July_ 20, 2004'' at which Unia bids' :will be- opened publicly and'.read aloud in the-Council Cliambers for the--ROSS: 1/4 SEWER REHABILITA- City PROJECT ngtoe Client Reference # CC- 1215 City of Huntington- Beach:: A set of plans, Speer ficalions, and<contract documents may be obtaineA starting Jurre Huntington Beach Independent Reference # � 2S, 2004, at City Hall. Department of Public Works upon receipt of a non-refundable fee of S25.00, -sales: tax included,if picked up or $35.00 if mailed. Each bid shall he made on the Proposal Form provided in the contract. documents.and shall pa accompanied by a cer• tified or cashier's check or a bid bond-for'not less than 10% of.the: advertiser: amount of the bid,-made payable'to the City of Huntington Beach. The Contractor shalt, in the performance-of the work and`improvements. Conform to the tabor Coda -of the- State of osed is a clipping of your ad from the first publication, beginning on California'' and other k� � �`` Laws of the State. oil and expiring on California applicable thereto,• with-'the ex ' caption only of such requ"required that der ay be tba a need to make any changes or corrections, please call me at your special•statutes-parse Pst convenience. ant to which proceedings w hereunder are taken and 'which`have not 'beer, "super.seded by 'the SO provisions.of-the Labor_ ost of this ad is S Code.;'Preference to — 199 labor shall be:given oply in'the;mann6r provided by law., ' Ne bid shall be con, s for your cooperation and patronage. Sidered'unless itis:made 6n a form furnished by the,City- of Huntington Beach: Department of Public' Works, and is , made in accordance with I the'provision' -6f the rely, i proposal requiraments.- Each- bidder mu_st 66., licensed and -also 1 prequalified as required by-law. . - The City C6uncii of the City of.Huntington Beach .ael Sletten reserves the right to reject any 6r all bids- I Advertising .By order of the City: C Council of the' City of Huntington Beach. Cali- fornia the 17th of May 2004•' Joan Flynn Clty Clerk of the City of *_Hanfinggton Bead �?�2000 Main Street 1(7,14)S36-S431 P_ublfshed ''Huntington One ti`lndependent 7uly, 1 8'l5,2004 071-69 18682 Beath Blvd.,Ste. 160, Huntington Beach,California 92W (714)965-3030 Fax(714)965-7174 A Publication of Times Community News • A Dfoision of the Elam Angier*(mes -Lb-il051 �4L 7I, , 7I�� 71i4 NOTICE INVITING SEALED BIDS for CC-1215 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PM on Tuesday, July 20, 2004, at which time bids will be opened publicly and read aloud in the Council Chambers for the ROSS 1/4 SEWER REHABILITATION PROJECT in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting June 25, 2004, at City Hall, Department of Public Works upon receipt of a non-refundable fee of S25.00, sales tax included, if picked up or $35.00 if mailed. Each bid shall be made on the Proposal Farm provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of Cali forma applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 17th of May 2004. __Joan Flynn City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 1215 niv clerk [OBCITY OF HUNTINGTON BEACH 2000 Main Street P . O . Box 190 Huntington Beach , CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Joan Flynn Date: June,& 2004 To: City Clerk's Office Project/C.C.No.: C.C. No. 1215 2000 Main Street Regarding: Ross Y,Section Sewer Huntington Beach CA 92648 _ Rehabilitation Prg ect ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages Including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice lnvitina Sealed Bids Item to I Copies I Pagas___l Description 1 2 1 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 ❑ Submit copies for distribution ® For your action ElReturned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: On May 17, 2004, the City Council authorized the advertisement of the Ross 1/4 Section Sewer Rehabilitation Project, CC-1215. Please find attached the Notice Inviting Sealed Bids for this project. Please have the notice advertised on the following three (3) days: 07/01, 07/08, and 07/15. The bid opening is scheduled for 07/20/2004. Please contact me at 536- 5259 with any questions you may have. c: B Y• )/'—//?/ Steve Arieg er, Civil Engineering Assistant GACo\SCRUCMN CONMUCrs(CCs)\CC1215\1215TRA.N50004ERK.AOC /A) 4� /S 400 .5- -t�) Council/Agency Meeting Held: D /` Deferred/Continued to: f Approved ❑ Conditionally Approved ❑ Denied ler s giglla re Council Meeting Date: May 17, 2004 Depart a ID Number: PW 04-043 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION o C - .Y - SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBER - - SUBMITTED BY: WILLIAM P. WORKMAN, Acting City Administrator PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works X= `? SUBJECT: Approve Amendment No. 1 to Agreement with OCSD for Sewer Rehabilitation Project; CC - 1215 and Authorize Advertisement for Bids Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Amendment No. 1 allows for a six-month time extension for completion of the Ross One-Quarter Section Sewer Rehabilitation Project; CC-1215. Public Works staff has completed the plans and specifications and authorization to advertise the project for competitive bids is requested. Funding Source: A grant from the Orange County Sanitation District (OCSD) will cover one half of the cost for this project. Funds for this project are budgeted through the Sewer Service Fund, Sewer Line CIP, 51189002.82600. The Engineer's cost estimate is $820,000. Recommended Action: Motion to: 1) Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to Cooperative Agreement No. 0124 between the Orange County Sanitation District and the City of Huntington Beach; and 2) Approve the project plans and specifications and authorize the Director of Public Works to request bids for the Ross One-Quarter Section Sewer Rehabilitation Project; CC-1215 Alternative Action(s): Deny approval and recommend an alternate action. This action would jeopardize the receipt of up to $580,000 from the Orange County Sanitation District Cooperative Projects Program grant. V-1 REQUEST FOR ACTION MEETING DATE: May 17, 2004 DEPARTMENT ID NUMBER: PW 04-043 Analysis: On September 5, 2002, the City Council approved an agreement for the Ross One- Quarter Section Sewer Rehabilitation Project. At the time of the grant application, it was anticipated that the project's construction would commence by March 2004. However, due to circumstances requiring additional time for OCSD to approve the project report, the .duly 30, 2004 completion date will not be met. Under the provisions of the agreement, staff requested a time extension from OCSD, which has concurred and has issued Amendment No. 1 that will extend the project completion date to February 28, 2005. The Ross One-Quarter Section Sewer Rehabilitation Project; CC-1215 consists of rehabilitating approximately 17,000 lineal feet of 45 year-old, 8—inch vitrified clay pipe and 75 manholes. The area is roughly bounded by Heil Avenue, 1-405 Freeway, Warner Avenue and Newland Street. The plans and specifications are in final preparation and authorization for advertisement for public bids is requested. Public Works Commission Action: The Public Works Commission reviewed and recommended the action on April 21, 2004, with a vote of 6-0-1. (Commissioner Gartland absent). Environmental Status: This project is categorically exempt pursuant to Class 1, Section 15301 of C EQA. Attachment(s): City Clerk's . - Number No. Description 1. Location Map 2. Amendment No. 1 for CP # 0124 3. Copy of Original Contract RCA Author: SEK J G:1R C A0004104-043 May 17 Krieger(Authorize Bid CC 1215).doc -2- 515I2004 9:33 AM ATTACHMENT # 1 ABOLSA AYE. �'O f~/1 1~f1 i~Il N uc ADDEN hfE. r EDINGER �' AYE. " h0.-Ed NOT TO SCALE j w WARNER 8 AVE. - SLATER AVE. 405 \TALBERT 02. PACIFIC yS� Ellis ys g GARfI AVE. N N �7S Wig~ A KT WN AVE. ; T ADAws AVE. a INDIANAP 5 AVE. TLANTA AYE. HA!LTO AVE. 0 EAN N� VEIL Qp s J` 3 w 4 Q V_ z rc 41 z LEGEND Ati.4 O PROJECT AREA z v \I WARNER LOCATION MAP •�� ,� CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ATTACHMENT #2 AMENDMENT NO. 1 TO COOPERATIVE PROJECTS PROGRAM CONTRACT NO. 0124 THIS AMENDMENT NO. 1 TO COOPERATIVE.PROJECTS PROGRAM CONTRACT NO: 0124, is made and entered into, to be effective this day of 2004, by and between: ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "DISTRICT"; AND CITY OF HUNTINGTON BEACH, hereinafter referred to as "AGENCY". RECITALS WHEREAS, on December 5, 2002, DISTRICT entered into a Cooperative Projects Program Contract ("Original Contract")with AGENCY, in connection with DISTRICT's Cooperative Projects Program; and WHEREAS, the term of the Contract is from the date of contract execution by both parties, through completion of the Project, or July 30, 2004, whichever occurs first; and WHEREAS, the Original Contract with AGENCY will expire prior to the Project's completion; and WHEREAS, DISTRICT and AGENCY desire to extend the. term of the Original Contract for a maximum period of seven (7) months, to allow AGENCY to satisfy all terms and conditions of the Original Contract, and other unanticipated delays to its Project. 164C47.z 1 NOW, THEREFORE, in consideration of the foregoing, it is agreed between the Parties hereto as follows: Section 1: The term of the Original Contract shall be extended for an additional seven (7) months from the original Project completion date, up to and including February 28, 2005, unless terminated earlier as provided for in Paragraph 6 of the Original Contract. All Project deliverables and requests for reimbursement must be received by District by April 4, 2005. Section 2: Except as modified herein, all other terms and conditions of the Original Contract shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to Cooperative Projects Program Contract No. 0124 to be duly executed on their behalf by their authorized representatives. 1 fi4047.2 2 ORANGE COUNTY SANITATION DISTRICT By Chair, Board of Directors By Secretary, Board of Directors APPROVED AS TO FORM: THOMAS L. WOODRUFF DISTRICT COUNSEL By CITY OF HUNTINGT INITIATED AND APPROVED BY: Dire c ublic Works CITY OF HUNT_ INGTON BEACH BY: Mayor ATTESTED BY: iQ-s.51srwrCit C rk APPROVED A TO FORM BY- ttor ey ✓ li REVIEWED AND APPROVED BY: Cit Administrator AT:sa EDMS 003765888 164047.2 3 ATTACHMENT #3 Contract No. CP-0124 ORANGE COUNTY SANITATION DISTRICT COOPERATIVE PROJECTS PROGRkT'v1 CONTRACT REA ;�this contract is entered into on .� %-��� ,2002 by and between the Orange County Sanitation District(hereinafter referred to as "DISTRICT")whose address is P.O. Box 8127,Fountain Valley, California 92728, and the City of Huntington Beach (hereinafter referred to as"AGENCY") and WHEREAS,DISTRICT is the regional agency with primary responsibility for collecting, treating and disposing of wastewater in Orange County, California and DISTRICT is authorized under State law to implement the California Porter—Cologne Water Quality Control Act; and WHEREAS,DISTRICT Board of Directors created a Regional Review Committee to develop a work program to fund projects from the separate account and pursuant to approval of the work program by DISTRICT Board of Directors. DISTRICT Board of Directors has authorized a contract with AGENCY for the project described in Exhibit"A"(Project Description/Statement of Work)attached hereto and incorporated herein by reference,more particularly, and WHEREAS, AGENCY has met the requirements for receipt of Cooperative Projects Program Funds as set forth in AGENCY'S Cooperative Projects Program Application. NOW THEREFORE,the Parties agree as follows: 1. AUDIT-AGENCY shall, at least once every year or within two years of the termination of the contact if the term'is less than two years,be subject to an audit by DISTRICT or its authorized representative to determine if the revenues received by AGENCY were spent for the program outlined in the Cooperative Projects Program Application. DISTRICT shall coordinate such audit through AGENCY'S audit staff. If an amount is found to be inappropriately expended, DISTRICT may withhold revenue from AGENCY in the amount equal to the amount that was inappropriately expended. Such withholding shall not be construed as-DJSTRICT'S sole remedy and shall not relieve AGENCY of its obligation to perform under the terms of this Contract. 2. GREASE ORDINANCE—AGENCY agrees to adopt, by its Ordinance,the Uniform Plumbing Code, 1997 Edition,as amended, including specifically but not limited to, Chapter 10 and Appendix H, as a waste pretreatment/grease trap regulation. In the event AGENCY has not or elects not to adopt the Uniform Plumbing Code as an Ordinance of AGENCY, it shall adopt an'Ordinance specifically including the same provisions as are set forth in the Uniform Plumbing Code, Chapter 10 and Appendix H. Said Ordinance shall be in effect prior to completion of the Project and final payment by DISTRICT. 3. WATER CONSERVATION BMP- The AGENCY agrees to adopt the Best Management Practices (BMP) for water conservation,more particularly described in Exhibit"D" , (Water Conservation—Best Management Practices)attached hereto and incorporated herein by reference, 1 4• SEUR MAIN7ENANCE PROGRAM -The AGENCY agrees to adopt a sewer maintenance program in accordance with best management practices as defined by WEF ivfamial of Practice No. 7 or another authority satisfactory to the DISTRICT. This program shall include routine sewer cleaning and hotspot cleaning to remove debris from the sewers in order to minimize opponunities for blockages and spills. 5. TE yf-The term of this Contract is from date of contract execution by both parties rzroush completion of the projecr or July 30, 2004, whichever occur: first unless terminated earlier as provided for in.Paragraph 6 below entitled Termination. All project deliverables and requests for reimbursement must be received by August 27, 2004. Failure to meet this deadline will result in forfeitt:re of Cooperative Projects Program funding,provided, however, that in the event AGENCY is unable to complete the project ,within the term required herein due to unforeseen or unavoidable circumstances, or by murual agreement by both AGENCY and DISTRICT, DISTRICT may extend the term of this contract for an additional period of six(6)months subject to approval by the DISTRICT'S General Manager. Any extensions beyond six(6) shall be approved by the DISTRICT'S Board of Directors. 6. TE LiI -ATION-In the event any party fails to comply with any term or conditions of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements as set forth in Exhibit"A" (Project Description/Statedlent of Work), and Exhibit"C" (Project 11VElestone Schedule) attached hereto and incorporated herein by reference, it shall constitute a material breach of the Contract. The non breaching party shall have the sole and exclusive option either to notify;he breaching party that it must cure this breach within fifteen (15)days' or provide written notification of its intention to terminate this Contract with thirty (30) days' written notice. Notification shall be provided in the manner set forth in Paragraph 23 below, entitled—"Notices." Termination shall not be the exclusive remedy of the non-breaching parry. The non-breaching party reserves the right to seek any and all remedies provided by law. DISTRICT reserves the right to terminate this Contract for non-breach and shall reimburse AGENCY for actual costs incurred in performance of this Contract through the effective date of termination for non-breach. 7. ]NS 'R4NCE-Prior to the star,of this Contract,AGENCY shall funiish evidence of standard form of commercial or comprehensive general liability insurance with a combined single limit(general and automotive) of One Million Dollars (Si,000,000). AGENCY shall require any Contractor performing services funded by this.Contract to also provide evidence of standard form commercial or canzprehensive general liability insurance for any project requiring work to be performed in a public right-of-way. The policy shall have a combined single limit of$2.0 million per occurrence for bodily injury, including death, personal injury, property damage, and products liability,with 55.0 million general policy aggregate; or, alternatively 52.0 million aggregate separate for this Contract. AGENCY shall maintain such coverage during the term of this Contract and any extensions thereof. DISTRICT shall be named as an additional insured on such liability policy and thirty-(30) days' written notice of modification of any such insurance shall be given by AGENCY to DISTRICT. Such modification is subject- to pre-approval by DISTRICT. If AGENCY fails to maintain the required insurance coverage, DISTRICT reserves the right to terminate the Contract or purchase such additional insurance and bill AGENCY or deduct the cost thereof from any payments owed to AGENCY. 2 8. 1NDENLLTIFICATION_-AGENCY agrees to hold harmless, defend, and indemnify DISTRICT,its officers,employees, agents, representatives and successors-in-interest against any and all loss, damage,cost or expenses which DISTRICT, its officers, employees,agents,representatives and successors-in-interest may incur or be required to pay by reason of any injury or property damage caused or incurred by AGENCY, its employees, sub-agency's contractors, or agents in the performance of this Contract, including but not limited to, any contract between Agency and any third party for the performance of work as pan of the Project. 9. PAY.- ENT A. DISTRICT shall pay AGENCY a Firm Fixed Price of Five Hundred Eighty One Thousand One Hundred Thirty Nine Dollars(S581,139.00)upon completion of the Project on a reimbursement basis,and only in accordance with the schedule of work set forth in Section 9C herein. Pursuant to that Scope of Work described in Exhibit"A", the total Firm Fixed Price is comprised of the following component work: (1) A maximum of Twenty Five Thousand Dollars ($25,000.00)upon . completion of flow monitoring; (2) A maximum of Five Hundred Fifty Six Thousand One Hundred Thirty Nine Dollars ($556,139.00) upon completion of sewer rehabilitation. Any funds not expended upon early contract termination or contract completion by task shall revert back to the Cooperative Projects Program. Payment of. charges shall be made by DISTRICT to AGENCY within sixty(60) days after approval by DISTRICT of an itemized invoice prepared and furnished by AGE1`TCY. B. An invoice submitted to DISTRICT for payment must be prepared in duplicate, on AGENCY letterhead,and list DISTRICT contract number,period covered by invoice, and AGENCY'S Employer Identification Number and submitted to: Orange County Sanitation District, P.D.Box 8127, Fountain Valley, CA 92728. "Attn: Accounts Payable Department. ' C. No funds shall be paid out to AGENCY pursuant to this Contract, until the Project, as set forth in Exhibit"A", and the schedule of work, as set forth herein, is completed, and proof of completion is provided to DISTRICT. AGENCY shall comply with the following work schedule: (1) AGENCY shall first complete flow monitoring in accordance with Exhibit"A" (2) Upon approval by DISTRICT of satisfactory completion of the flow monitoring results,DISTRICT will authorize AGENCY to complete the sewer rehabilitation work in accordance with Exhibit"A". If the Project, as described in Exhibit"A", and the schedule of work,'as described in this Section 9C is not completed and satisfactory proof of condition is not 3 provided to DISTRICT, no monies shall be due and payable to AGENCY. Proof of completion shall include a Final Report detailing the work that was done. C. Additional Cooperative Projects Program Funds will not be available to fund project cost overruns. Any project cost overruns must be funded from other than the Cooperative Projects Program. D. The Firm Fixed Price amount shall not exceed 50% of the total Cooperative Projects Program funds applied to the project as set forth in Exhibits"A"(Project Description/Statement of Work), "B"(Project Cost Breakdown),and "C" (Project Milestone Schedule)of this Contract, attached hereto and incorporated herein by reference. E. If, at the completion of the Project described in Exhibit"A",the actual amount of Cooperative Projects Program Funds utilized in performance of the project is less than the amount described in Exhibit"B", the Firm Fixed Price amount reimbursed to AGENCY by DISTRICT shall not exceed 50% of the actual Cooperative Projects Program Fund amount applied to the project. 10. COMPLIANCE WITH APPLICABLE LAWS—AGENCY agrees to comply with all federal, state,and local laws, ordinances,codes and regulations and orders of public authorities in the performance of this Contract and to ensure that the provisions of this clause are included in all subcontracts. 11. EMPLOYEES OF AGENCY A. AGENCY shall be responsible for the cost of regular pay to its employees,'as well as cost of vacation,vacation replacement, sick leave, severance pay and pay for legal holidays. B. AGENCY shall also pay all federal and state payroll taxes for its employees and shall maintain worker's compensation and liability insurance for each of its employees. C. AGENCY, its officers,employees, agents, or representatives shall in no sense be considered employees or agents of DISTRICT nor shall AGENCY, its officers, employees,agents or representatives be entitled to or eligible to participate in any benefits,privileges,or plans, given or extended by DISTRICT to its employees. 12. OWNTRSHIP—Title and full ownership rights to any products purchased or developed under this Contract shall at all times remain with AGENCY. 13. NON-DISCR NI NATION—In the performance of this Contract,AGENCY shall not discriminate in recruiting, hiring,promotion, demotion, or termination practices on the basis of race,religious creed, color, natural origin, ancestry, sex,age, or physical handicap and shall comply with the provisions of the California Fair Employment& Housing Act(Government Code Section 12900,et seg.),the Federal Civil Rights Act of 1964(P.L. 88-352)and all amendments thereto,Executive Order No. 11246 (30 Federal , Register 12319),and all administrative rules and regulations issued pursuant to said Acts. and Order. AGENCY shall likewise require each sub-AGENCY to comply with this paragraph and shall include is each such subcontract language similar to this paragraph. 4 14. ASSIGNMENT—The rights granted hereby may not be assigned, sold, licensed,or otherwise transferred by either party without the written consent of the other, and any attempt by either party to do so shall be void upon inception. 15. NON-EFFECT OF WAIVER--AGENCY or DISTRICT failure to insist upon the performance of any or all of the terms covenants or conditions of this Contract, or failure to exercise any rights or remedies hereunder,shall not be construed as a waiver or relinquishment of the future performance of any'such terms, covenants or conditions or of the future exercise of such rights or remedies, unless otherwise provided for herein. 16. ATTORNEY'S FEES—In the event any legal proceeding or action(including arbitration) is filed in connection with the enforcement or interpretation of this Contract, each parry shall bear its own Attorney's fees and costs. 17. FORCE MAJEURE- Neither DISTRICT nor AGENCY shall be Iiable or deemed to be in default for any delay or failure in performance under this Contract or interruption of services resulting, directly or indirectly, from acts of God,civil or military authority, acts of public enemy, war,strikes, labor disputes, shortages of suitable parts,materials, labor or transportation, or any similar cause beyond the reasonable control of DISTRICT or AGENCY. 18. SEVERABILITY—In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this Contract, and the Contract shall then be construed as if such unenforceable provisions are not a part hereof. 19. HEADINGS—Headings on the paragraphs of this Contract are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, arnplify, or aid in'the interpretation, construction,or meaning of the provisions of this Contract. 20. DUPLICATE EXECUTION—This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 21. GOVERNING LAW--This Contract shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Venue or resolution of any dispute shall be Orange County, California. 22. PRE-CON-TRACT COSTS-Any costs incurred by AGENCY prior to DISTRICT receipt of a fully executed Contract shall be incurred solely at the risk of the AGENCY. In the event that a formal Contract is not executed,the DISTRICT shall not be liable for any amounts expended in anticipation of a formal Contract. If a formal Contract does result,pre-contract cost expenditures authorized by the Contract may be reimbursed in accordance with the cost schedule and payment provision of the Contract. 5 23. NOTICES--Any notices from either party to the other shall be given in writing to the attention of the persons listed below, or to other such addresses or addressees as may hereafter be designated in writing for notices by either party to the other. A notice shall be deemed received when delivered, or three days after deposit in the U.S. Mail,postage prepaid,whichever is earlier. DISTRICT: Orange County Sanitation District P.O. Box 9127 Fountain Valley, CA 92728-8I27 Attn: Board Secretary AGENCY: City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92648 Ann: Todd Broussard 24. ENTIRE CONTRACT—This Contract represents the entire agreement between the parties hereto with respect to the Cooperative Projects Program Contract between AGENCY and DISTRICT, and there are no understandings,representations, or. warranties of any kind except as expressly set forth herein. No waiver, alteration or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration or modification is sought. 6 LN WITNESS %'HEREOF,the parties of this Contract have caused this Contract to be duly executed on their behalf by there authorized representatives on the date hereinabove. RECONLYIENDED FOR APPROVAL: ORANGE COUNTY SANITATION DISTRICT BY: ,� �c� r ,r✓ Chair,Bo#6 of Directors Secretary,%Board of Di tors APPROVED AS TO FORM: THOMAS L.WOODRUFF XDIST T COUNSEL B CITY OF HU TIN ACH INITIATED AND APPROVED BY:' Director of Public Works AM CITY OF HLWI1WT0N BEACH BY: Q1 -') &4_ Mayor -Ppe Ts o pore. L40py ATTESTED BY: Clerk % APPROVED AS ti TO FORM BY:/d,io• ity Attorney kn REVIEWED AND r APPROVED BY: City ATministrator EDMS:00373053S 7 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Amendment No. 1 to Agreement with the OCSD for Sewer Rehabilitation Project; CC - 1215 and Authorize Advertisement for Bids COUNCIL MEETING DATE: May 17, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & le islative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome Attached Subleases, Third Party Agreements, etc. LApproved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the Cit 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 Find in s/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORW-AP.,PED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION F R RETURN OF ITE Only)(Below Space For City Clerk's Use RCA Author: SEK .0w . . .. . .. - I . . Wesco Infrastructure Technologies., LP 20100 S Western Ave Torrance, CA 90501 Proposal for "Ross % Section Rehabilitation --1 Project" ] Bid date: 07-20-04 at 2:00 p.m. -` r City of Huntington Beach City Clerk's Office 2000 Main'Street Huntington Beach, CA. 92648 J t- = J Lj j] & CITY OF HUNTINGTGN BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK 2004 To: S LSD N )) S 4-U7 - . ��o o S. (.cJ� tZ,2� �IC• T C--r- Enclosed'please find' original bid bond issued by //LJS 7�Zc�8� %27- S for (r — ?Joan L. Flynn City Clerk JF.pe Enclosure gJfolloauplcsshconUre:umbidbond.dac (Telephone:714-536.5227) THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document M10 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we WESCO INFRASTRUCTURE TECHNOLOGIES 20100 So.Western Avenue Mere esert toll name and address or legal title of Conteactod Torrance,CA 90501 as Principal, hereirtaftef called the Principal, and SAFECO INSURANCE COMPANY 91 AMFTRICA SAFECO Plaza (Here insert full name and a less or egal rode of Surety) Seattle,WA 98185 a corporation duly organized under the laws of the State of WA as Surety, hereinafter tailed the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, (Here insert full name and address or legal tale of Owner) 2000 Main St.,Huntington Beach,CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten percent of amount bid.Dollars {5 10%of Amount Bid, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for !Here•inert lul)name,address and description of proiecsl Ross 114 Section Rehabilitation Project NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to emceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 14th day of July 2004 �} n TEC O DIES (Princip all' (Seal) rwuna) C`v (Title) SAFECO LNSURANCE COMPANY OF AMERICA (Surety) {Seal) m Nanette Myers ( ess) i Jane pner (Title) Attorney-in-Fact AIA DOCUMENT A310-BID BOND•AIA 0•FEBRUARY 1970 ED+THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASMINCTON, D.C. 2000G CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On July 15, 2004 before me, Asbley K.Ward,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,`JANE DOE,NOTARY PUBLIC- personally appeared Jane Kepner , NAME(S)OF SIGNER(S) personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon ASHLEYK.WARD behalf of which the person(s) acted, executed the instrument. _ CommUlon# 1493685 lip Notary Pub0c-CaUtomia Orange County My Comm.Expires Apr 16,2008 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment.of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) H LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES .❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S4C671GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION-8238 Remmet Ave_,P.O.Box 7184-Canoga Park.CA 91309-7184 ,4 S A F E C �' POWER GENERAL INSURANCE COMPANY of AMERICA GENERAL INSURANCE COMPANY ot=AMERICA OF ATTORNEY HOME OFFICE SAFECO PLAZA SEATTLE,WASHINGTON 98196 No. 9675. - KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint **'*******RHONDA C.ABE1;JERI APODACA;PATRICIA H.BREBNER;LINDA ENRIGHT,JANE KEPNER;STANLEY C.LYNN;NANETTE MARIELLA-MYERS; MACE PARIZINO;JAMES A.SCHALLER.Coate Mesa CsLfomia*' *******•****`*w*r�****•*********«.s**s*r******s*****s*r****.**.*****•*.a..*:***..*****.**s**+* } ha true and lawful altomey(s}tn tad with fun authority to execute on Its behalf fktebty and surety bonds or underta"s and other documenis of a similar character issued In the oourso of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presdnts this 21,rt day of June 2001 RA PIERS_ON,SECRETARY _ MIKE MC GAVICK,PRESIDENT __ CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA. "Article V, Section 13.-FIDELfrY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer In charge of surety operations,shalt each have authority to appoint Individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character Issued by the company In the course of its business...On any Instrument making of evidencing such apWt tment,the signatures may be aliixed by facsimile. On "lnstrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be Impressed or affixed or In arry other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such Instrument or undertaking.' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and&GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. 'On any certificate executed bythe Secretary or an assistantsecretary of the Companysetting out, p) The provisbns of Article V,Section 13 of the By-Laws,and (11) A copy of the power-ol-attomeyappointment.executed pursuantthereto,and (ill) Certifying that said power-of-attorneyappointmentis In full force and effect. the signature of the oerttfying officer maybe by facsimile,and the seal of the Company maybe a facalmile ftreof.' 1,RA Pierson.Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do herebycettityy that the foregoing extracts of the Bye aws and of a Resokltlon of the Board of Directors of these corporations,and of a Power of Attorney Issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Powerof Attorney are still In full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation Us 15th day of July 2004 SEAL SEAL t7fi!Ya R.A.PIERSON,SECRETARY 5-097418AEF 2101 ®A rapratered trademark of SAFECO Corporation eaval PDF SECTION C PROPOSAL for the ROSS 1/4 SECTION REHABILITATION PROJECT CASH CONTRACT No. 1215 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 75 working days, including material delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 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 19 16 $ONO in the amount of$L9-V7*" which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or"Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Dare Received Bidder's Signature JULY 14 . 200 r i C-2 07/14/2004 14: 42 7143741573 CHB ENG PAGE 02/04 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714)374-1573 ADDENDUMNUMBERONE For ROSS % SECTION REHABILITATION PROJECT CC- 1215 July 14, 2004 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions Replace the Project Bid Schedule with the Revised Project Bid Schedule attached (Bid item number 12 - APO placement quantities have been revised from 1320 to 320 square yards (sq. yd.)): Any deviation from this notification procedure must be approved by the Engineer. This modification does not change the Engineer's Estimate for this project. This is to acknowledge receipt and review of Addendum Number one, dated July 14, 2004. flJFftA ST1tUCn1RE "TtCHN0LcGrr=5,u.p. Company Name y JULy 14, 200q Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please contact Steve Krieger at (714) 536-5259. 07/14/2004 WED 13:42 [Ta/R-X NO 57371 Ca 002 07/14/2004 14:42 7143741573 CHB ENG PAGE 03/04 PROJECT BID SCHEDULE leak ... .. .............. ...... ..... .. ...... . aeoutft .. ... ...... ................ ... ..... ............... ................ . ........ . ...... Mobilization of equipment&materials. lump sum @ FOUR THOUSAND ELU HUNDRED Dollars $4,500.00 S4,100.QQ NQ Ccnt3 Per lump sum 2 1 Traffic Control per Specs- lump sum @ SEVEN TPLLO_UANl� — Dollars $7,000.00 $7_000.00 NO Cents Per lump sum 3 1 Demobilization of equipment&matcriais, lump sum @—FOUR THOUSAMDFIVEHUNDRED —Dollars 4.soo.00 $4,�Q%Qa Cents Per JUME sum 4 16805 Clean and inspect 8" pipe per Specs. It @ OWI LL IDollars S 4- -75 $ Iq, 40 9-7 Sigm-t'iTy Flvrm Cents Per 11 5 15 Clean and inspect 15"pipe per Specs. Lf. @ Vl; DOLLAKS Dollars S 5 -00 S TG -00 Cents Per IS. 6 16805 Line and inspect 8"pipe pcT Spcc3. U. @ 'THIRTY ONE Dollars $ 11.50 $519,,3bq-SD H FTY Ccnts L Per l.f. 7 15 Line and inspect 15"pipe per Specs. @ QNL UQNbRa TVVI;M.0 F;(Vr Dollars $ Q5.00 $ 1,975.00 ZERO -Cents Per IS. 8 3 Remove and replace clean out per Specs. each @ 'TIfKL--E -T-KQ(J5At40 FIVE RUNOPE llarR 3,500.00 ZERO? —Cents Per each 9 402 Re-open narvi"lateral per Specs. each @ NrE HiltR)RtED JJAJtNT-� WGHTDollars S 12� 100 $ 51 ,145(9- 7 Cents Per each 10 10 Grind protruding service lateral per Specs. each @_2!RIElE _ HQNQR6—Q EIEI:{ Dolling s3w-oo S3,500.00 -Z�Ko Cents Per each C-15 07/14/2004 WED 13:42 tTX/RX NO 57371 Z003 07/14/2004 14: 42 7143741573 CHB ENG PAGE 04/04 PROJECT BID SCHEDULE tciir=' stul#at ;# IIt W t '.....t;g��ce: e �:TiO::�: � ..ii;�ii�•-. •xf�e#i:3i;?i��riiE.� �....•... <...��`�'�:�� ��>:; 11 600 Rehabilitatiron of sewery�manhole p ed er Sp . VI@ ONI= JAUNNO SU15NTy 1=11(L-7Dollare $ I75 .00 $ 000• 7451kO Cents Per v.f. 12 320 APC placement as required per Specs. sq.yd. @ ONIR ktif�QRED FIVE Dollars $ 105 00 $ 33,600 Zk'RD Cents Per sq. d. 13 5 Remove and replace frame and cover per Specs, each @ QNr- T-lMQSAMQ Dollars $ 020. 00 $ 9,coo,op 'ZIMO _ Cents Per each 14 NOT USED / �a Dallaia $ $ Cents Per 15 NOT USED @ Dollars $ $ Cents Per Total Amount Bid in Figures: $ '] 95 r '7 7 2, 25 Total Amount Bid in Words: %Vl N HUNDRED V=716HTY F-I VE THOUSAND ...................................................•--------- -----............---..... 5r--v6'N l-tVNQPF-D SIA'►JTY Twp "D rw6--NTy FlvI7-- C6-�N1r5 C-2s 07/14/2004 WED 13:42 [TX/RX NO 57371 1004 PROJECT BID SCHEDULE tem :. stunatec .: :. .:..:....: tetn;ati�t.:utt#::price .. :::. : �xten..e. o.: Qu >aEln :.written i�i►lards Uriit:F ice: Aihou t 1 1 Mobilization of equipment&materials. lump sum @ FOUR THOUSAND FIVE HUNDRED_Dollars $4.500.00 S4.500.00 h'O Cents Per lump sum 2 1 Traffic Control per Specs. lump sum @ , SEVEN THOUSAND_ Dollars S7,000.00 $7,000.00 rVO Cents Per lump sum 3 1 Demobilization of equipment&materials. lump sum @ FOUR THOUSAND FIVE HUVQRED_Dollars $4.500.00 S4.500.00 N'O Cents Per lump sum 4 16805 Clean and inspect 8" pipe per Specs. l.f. @ Dollars S S Cents Per 1.f. 3 15 Clean and inspect 15"pipe per Specs. l,f. @• Dollars S S Cents Per I.f. 6 16805 Line and inspect 8"pipe per Specs. 11 @ Dollars $ S Cents Per Lf. VV 7 15 Line and inspect 1 NNipe er Spe s 1.f. @ Dollars S $ Yj Cents Per 11 8 3 Remove and replace can out per Specs. each @ Dollars S $ Cents Per each 9 402 Re-open service lateral per Specs. each @ Dollars S $ Cents Per each 10 10 Grind protruding service lateral per Specs. each @ Dollars $ S Cents Per each PROJECT BID SCHEDULE Left : stunate.. ::::::::: tee wit::untt price:.:::: :..:::::::::: : . zfen. e .... ::No. :QuadtIN written 1n v�ords: . .. ::Lrnit Price. :Amount:.:: 11 600 Rehabilitation of sewer manhole per Specs. V. @ Dollars S S Cents Per v.f. 12 1320 APC placement as required per Specs. sq.yd. @ Dollars 5 $ Cents Per sq. yd. 13 5 Remove and replace frame and cover per Specs. each @ / I Dollars $ S Cents Per each 14 NOT USED n @ ` ' 1i Dollars $ S Cents Per 15 NOT USED 1 \ Dollars $ S C. Cents Per Total Amount Bid in Figures: $ Total Amount Bid in Words: C-2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portia: Name and Address of Subcontractor State License Class !y Work Number Kr-_HABILITA-rtc+-1 INLAND C o N CRETF OF 51=WtR MANHO zt-r3RON 91V1510T�'l 476no APC PLACr=M�NT 11434 RU(31 DOUR 6L. E -RS�DEn CA By submission of this proposal, the Bidder certifies: 1. That they are 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 4INCENY P. MAUCH , being first duly sworn, deposes and says that he or she is CFO of WEW) 1NFKAsrRvrrvaE _ MCNA1 ,,�� ,,. � 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. %NPSCO 1NFKA9 KUr- URP- TECHNOt-CUE5, L.P. Name of Bidder Signature of Bidder 20100 5. wESTERN AV!<• TOKKAN(L , C4 go501 Address of Bidder Subscribed and sworn to before me this day of 200 T.C.ANDERSON OCommWbn#143"" Notary PubQC-CaMondo Lm Angelm Courtly .My Comm.Eg*es Sep 24,2007 NOTARY PUBLIC NOTARY SEAL C-4 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 ROSS 114 SECTION REHABILITATION PROJECT; CC-1215, (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 tern "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California CAL/OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. W>=SCO INFRA5T-RVC{UKG TECHNOLOGIES,L.P. Contractor By VINCLNT P- MAUCH CFQ Title Date: -U} 10 , 100H C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of per)ury, the following questionnaire, QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? 0 Yes G 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. G6 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. W�-:SCQ 1N_F_R_ ASTROCRJRL_=_ TECHNOLOGIES, L-F- Contractor By VtNOr--NT P- MAUCH CFO _ Title Date: :TW-Y W, 2-004 C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification dumber, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the coarse of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: WE�Co INFRASTRUCTURE Tt=CHt� CL06165 , P Bidder Name 20ICO S- wL�-STERN AVr=NUE Business Address TORRhNCE CA 905o I City, State Zip ( 310 ) 22 4- 5000 Telephone Number 7S0 14 4 - A State Contractor's License No. and Class J VNF= 12 , 2aoo Original Date Issued 'J U N E 30 , WOG Expiration Date The work site was inspected by REy p0M tNE() of our office on TVL-� 15 , 200A. The following are persons, firms, and corporations having a principal interest in this proposal: ^ C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or othenvise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. WESCO 1WFRA3Mk)CTURE '1'ECHtg0LVG+ES, L. F. Company Name Signature of Bidder E P • MAUCH Printed or Typed Signature J J L� Q . Subscribed and sworn to before me this l day of comFnbal in*143"98 Notary Public-Cagtomla Cos Angeles County ,Ayr Gomm.Expkes Up 24,2007 NOTARY PUBLIC NOTARYSEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. FLEhSE SEE ATTACHEP Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 P. WIT Project Experience Job Title: Belvedere Trunk Sewer Rehabilitation Project/ Jab#0014 Owner: County Sanitation Districts of Los Angeles County - Compton Field Office 920 S. Alameda Street Compton, CA 90221 Project Engineer: Ms. Margott Hinostroza—(310) 638-1161 fax: (310) 764-1934 Summary of Work: 1 install of 155' x 15mm CIPP - 344 lf. Cleaning & CCTV. Bypass. Traffic Control. Job Completed: 5/2002 Ori inal Contract: $40,152.00 Jab Title: Manchester Ave. Trunk Sewer Rehabilitation Project/Job# 0004 Owner: County Sanitation Districts of Los Angeles County- Carson Field Office 24501 S. Figueroa St. Carson, CA 90745 Project Engineer: Mr. Alex Manesh—(310) 830-8050 fax: (323) 775-2050 Summary of Work: 12" lining x 2,564 LF, 8" lining x 50 LF Cleaning& CCTV. Bypass. Traffic Control. Job Completed: Lining complete 5/2002 Original Contract: $176,408.00 Job Title: City of Fullerton -Miscellaneous Storm Drain Improvements Fiscal Year 2001-2002. Job#0019 . Owner: City of Fullerton - Dept. of Engineering 303 W. Commonwealth Ave. Fullerton, CA 92832 Project Engineer: Ms. Hye Jin Lee (714) 738-6590 fax (714) 738-3115 Summary of Work: 3 installs of 18" and 2 installs of 24" CIPP — 425 LF of 18" and 320 LF of 24"—Plus add-on shot IV x 95 LF Job Completed: 6/2002 Original Contract: $91,975 + S17,100 add-on shot/Kimberly = S109,075 P.2 WIT Project Experience Job Title: Emergency Sewer Rehab 36", 42", & 48" Owner: North of River Sanitation District 204 Universe Ave. Bakersfield, CA 93308 Project Engineer: Donald Glover—Manager Ph (661) 399-6411 Summary of Work: 36" x 1300 LF , 42" x 270 LF Job Completed: November 19, 2003 Original Contract: $316,461.00 Job Title: Laguna.Beach 2002/03 Sewer Lines-Rehabilitatiori Phase /Job# 0030 Owner: City of Laguna Beach Public Works Department 505 Forest Ave Laguna Beach, CA 92651 Project Engineer: Fred Shahidi Ph (949) 497-0345 Fax: (949) 497-0771 Summary of Work: 8" lining x 10,500 If, bypass, Cleaning& CCTV Job Completed: I/24/03 Original Contract: 5358,750.00 Job Title: Concrete Sewer Rehabilitation Program, Project No. 280-SWR/Job# 0034 Owner: The City of South Gate South Gate Utility Authority 8650 California Ave. South Gate, CA 90280 Project Engineer: Henry Miedema, PE (PSOMAS) (714) 751-7373 Summary of Work: Install lining for 8" -24" X 220,000 LF Reconnection/ Seating of Laterals connections (2000) Job Completed: ongoing Original Contract: $10,310,740 i P.3 WIT Project Experience Job Title: Laguna Beach—2002/03 Sewer Lines Rehabilitation Phase II /Job# 0036 Owner: City of Laguna Beach Public `'Forks Department 505 Forest Ave Laguna Beach, CA 92651 Project Engineer: Fred Shahidi Ph (949) 497-0345 Fax: (949) 497-0771 Summary of Work: 30,000 If x 8", 1,500 if x 10", 2,3001f x I2", 2,3001f x 15", 1,700 if x 18", 1,400 if x 21", bypass, Cleaning& CCTV Job Completed: 10/2003 Original Contract: $1,531,900.00 Job Title: Joint Outfall H Unit 1 E Trunk Sewer Rehabilitation Project/Job#0016 Owner: County Sanitation Districts of Los Angeles County P.O. BOX 4998 Whittier, CA 90607 Project Engineer: Ronnie Benner Ph(562) 699-7411 Summary of Work: 48" x 90 lining If, bypass, Cleaning & CCTV Job Completed: 11/2002 Original Contract: S97,131.23 Job Title: Emergency Sewer Rehabilitation Project/Job#0053 Owner: North of River Sanitation District 204 Universe Ave. Bakersfield, CA 93308 Project Engineer: Donald Glover—Manager Ph (661) 399-6411 Summary of Work: C1PP lining of 1250 LF of 36" , 265 LF of 42", 108 LF of 48" 105 LF of 12" & 303 LF of 24" Job Completed: April 2004 Original Contract: $316,462.00 f PA WIT Project Experience Job Title: Spring Valley Outfall Sewer/Job # 0059 Owner: County of San Diego 5555 Overland Avenue , Bldg#2 San Diego, CA. 92123 Project Engineer: Mark Perrett Ph (858) 694-2623 Summary of Work: C1PP lining of 2,312 LF of 36" Job Completed: May 2004 Original Contract: $ 1,025,461.00 i P. WIT Project Experience Job Title: Briar Creek Trunk Sanitary Sewer Rehabilitation Project/ Project ##04000-807-1-UTL (c&c) Owner: Memorial Hills Utility District c/o Smith, Murdaugh, Little & Bonham 1100 Louisiana, Suite 400 Houston, Texas 77002 Project Engineer: Eddie D. Bogard—(713) 782-0042 fax: (713) 782-5337 Summary of Work: Install of 8" x 6mm CIPP —374 if Install of 10" x 6mm CIPP — 1,073 If. Install of 12" x 7.5mm CIPP — 1,027 If. Install of 15" x 9mm CIPP — 747 If. Point Repairs Cleaning& CCTV. Bypass. Traffic Control. Rehabilitate Brick Manhole with Cementitous Job Completed: November 7, 2003 Original Contract: $122,084.91 lob Title: . Sanitary gewer Rehabilitation-in Harris Couhty Municipal Utility District No. 26 Owner: Harris County Municipal Utility District No. 26 c/o Schwartz, Page & Harding, L.L.P. 1300 Post Oak Boulevard, Suite 1400 Houston, Texas 77056 Attn. Peter Harding (713) 623-4531 Project Engineer: Jones & Carter, Inc. 6335 Gulfton, Suite 100 Houston, Texas 77081 Attn: Bradley D. Jenkins, P.E. (713) 777-5337 Summary of Work: Install of 8" x 6mm CIPP —6,074 if Install of 10" x 6mm CIPP— 1,645 If. Install of 12" x 7.5mm CIPP —484 If. Install of 15" x 9mm CIPP— 2,316 If. Install of 18" x 12mm CIPP— 5301f. Install of 21" x 13.5mm CIPP — 1,1621f Point Repairs Cleaning & CCTV. Bypass. Traffic Control. Job Completed: August 7, 2003 Original Contract: $91,704.78 P.2 WIT Project Experience Job Title: Montgomery County Municipal Utility District No. 9 Storm Water Reconstruction B&A Job # 1490 Owner: Montgomery County Municipal Utility District No. 9 c/o Bley] & Associates 2251 N. Loop 336 W., Suite B Conroe, Texas 77304 (936) 441-7833 Fax: (936) 760-3833 Project Engineer: Robert M. Sprague, P.E. (936) 441-7833 fax (936) 760-3833 Summary of Work: Install of 36" x 16.5mm CIPP — 160 If Into outfall of Lake Conroe with strict regulation by EPA Job Completed: November 20, 2003 Original Contract: $27,992.85 Job Title: Harris.County W.C.I.D. No. 99 SanitarySewer Line Rehabilitation Project•#.PN 160 =12 Owner: Harris County W.C.I.D. No. 99 c/o Vogt Engineering, LP 110 Vision Park Boulevard, Suite 200 Shenandoah, Texas 77384 (936)273 —9980 Project Engineer: Bill Browne, P.E. (936) 273 —9980 Fax: 936) 273 - 9988 Summary of Work: Install of 8" x 6mm CIPP —3,970 if Install of 10" x 6mm CIPP —9701f. Install of 12" x 7.5mm CIPP — 100 If. Install of 15" x 9mm CIPP — 187 If. Install of 18" x 12mm CIPP — 1,454 If. Point Repairs Cleaning & CCTV. Bypass. Traffic Control. Job Completed: January 7, 2004 Original Contract: $206,359.50 -� �� f P.3 WIT Project Experience Job Title: Harris County Municipal Utility District No. 109 Sanitary Sewer Rehabilitation, Phase I Owner: Harris County Municipal Utility District No. 109 c/o Brown & Gay Engineers, Inc. 11490 Westheimer, Suite 700 Houston, Texas 77077 (281) 558-8700 Fax: (281) 558-9701 Project Engineer: Chris Jacob, P.E. (281) 558-9700 fax: (281) 558-9701 Summary of Work: Install of 8" x 6mm CIPP —5,998 If Install of 24" x 16.5mm CIPP —228 If. Install of 30" x 21 mm CIPP —601f Point Repairs Cleaning & CCTV. Bypass. Traffic Control. Job Completed: In progress Original Contract: $295,856.07 Job Title: City..of Pearland./:Inflow/Infiltration Reduction for Sleepy Hollow & Longwood.- - Service Areas Phase II Project#.B2003'103 Owner: City of Pearland 3501 East Orange Street Pearland, Texas 77581 Attn: Danny Cameron (713) 775-4074 Fax: (281) 652-1710 Project Engineer: Vernon Webb (713) 869-7900 fax: (713) 869-5502 Summary of Work: Install of 18" x 13.5mm CIPP — 5,0001f Install of 20" x 15mm CIPP—6,400 If. Install of 24" x 16.5mm CIPP —8,400 if Install of 27" x 21 mm CIPP—5,2001f Remove& Replace 20' depth Manholes Point Repairs 18' to 20' depth Seal Manholes 1200 VF Cleaning & CCTV. Bypass. Traffic Control. Job Completed: May 2004 Original Contract: S1,969,999.50 The following information must be returned with the bid Bidder's name: WESCC INFRHSTI UC1URE jr=cHrJOLMES, L.P. Bidder's address: 2010o S• WC-STE�RN AVr=� • TDRRAhlCr=; , CA -90901 Phone number: (310) 214- 5000 Fax number: (310) 972 - 3%21 Pipeline rehabilitation process (trade name) bid: _TyI'k_►�_ CI PP 4F, GREEN&o_a►c (NCVA PIPL-) (Choose only one per Section B- "Instructions to Bidders" #12) Manhole rehabilitation process (trade name) bid: ZeBRON Attach a letter to this sheet from the manufacturer stating that: 1. The installer (bidder) listed above is factory licensed and trained. 2. SDR thickness supplied (see 500-1) 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: RAMTF-CH LAWRATORIES , INC, Address: 114104 ORAN6r-- Ave • PA"MDVNT , CA 90723 Telephone number: (c 42) 6,13 _ 4$2 4 Contact person: 71`NNIFIER HERNANOEZ Laboratory number 2: Name: ACC V _ TEST t:-N GI N F--L(ZI NG LAB Address: 23915 1/ENTUlZA BLVD. CALABASAS . CA 91302 Telephone number: Contact person: SA TlN I?ER, Laboratory number 3: Name: HAvsE LA65 lz _ Address: 4750 NAVTILU5 CT. SUiT`f= A BOyLM9 CO 8030I Telephone number: (720) 4OCv - q800 Contact person: DOJGI-AS �1rRr C-11 `�APIPW A Lantor Group Company 1 Tupperware prive S.rito 4 (T)401-767-0686 N.Smithfield,RI 0M8 (F)401-762-0637 July 3, 2003 Mr. Roy Domingo Engineer,Estimator Wesco Infrastructure 20100 S. Western Ave. Torrence, CA 90501. Reference: Manufacturers Certification Subjec+. Novapipe Certified Installer Dear Mr. Domingo, This document is provided as testimony to the expertise demonstrated by you and your organization in evaluating, engineering and installing NovapipeTM Cured in Place Pipe. Your use and continued selection of Novapipe demonstrates your naastery of the "Novapipe Advantage". It is with great pride that we provide this Novapipe Certified Installcrr Certificate to Rey Domingo and Wesco Infrastructure. Sincerely, S. Williamson Technical Sales Manager Novapipe A Lantor Group Company AL LANTOI R! r.L= Advanoed Materiels Group V=Lw CORPORATE Hr;ADQUARTERS @e,lingham,MA 02019 www.nnvi&pipe.com (T) 8-569-1311 (1=}5pe-986 7sOfi 1-8884MNOVA 03/29/2004 MON 12:18 [T%/RX NO 65351 Z 001 03/29/2004 MON 11:34 [TX/R.X NO 81021 16001 20100 S. Western Ave. CE 1. W E S C 0 Torrance, GA 90501 INFRASTRUCTURE (310) 224-5000 Rose 1/4 Section Rehabilitation Project City of Huntington Beach CIPP Liner Thickness Calculations Attached are the calculated minimum thicknesses based on the Project Specifications. 8" CIPP Lining— Wesco will install 8" CIPP liner which surpasses the attached calculated minimum thickness of 4.05 mm (0.160") and which also surpasses the thickness required by the project specifications of 5.71 mm (0.225"). 15" CIPP Lining — Wesco will install 15" CIPP liner which surpasses the attached calculated minimum thickness of 8.50 mm (0.335") and which also surpasses the thickness required by the project specifications of 10.7 mm (0.420). CIPP DESIGN -8" Diameter Sewer Lines (as per ASTM F1216) Client: City of Huntington Beach 07/16/04 Project: Ross 1/4 Section Rehabilitation Project Location: Various 8"Sewer Lines Conduit 1 Condition: Gravity Sewer, Fully Deteriorated 250,000 psi Flexural Modulus 50 % Flexural Modulus Reduction to Account for Long-terra Effects 4,500 psi Flexural Strength 2.0 Safety Factor for External Loads 8.00 inches Mean Diameter 7.84 inches Minimum Diameter 2 % Ovality 7.00 feet Maximum External Water Head to Invert 10.00 feet Soil Depth at Top of Conduit 120 Ib./cu.ft. Soil Density 1,000 psi Soil Modulus 10.9 psi Total Earth Loading 16,000 Ibs Live load per AASHTO H-20 (includes 1.54 psi HWY surcharge) 0 psf 2025psf RR Live Load (80,000lbs per axle or 320,000lbs per truck) (includes 0.00 psi RR surcharge) Thickness Limitations ( inches ) ---------------------------------------------- 0.1000 Maximum compressive hoop stress 0.1227 External pressure buckling 0.1317 Minimum stiffness limitation, deteriorated conduit 0.1595 External pressure, deteriorated conduit(AWWA) Minimum Design Thickness = 0,160 inches = 4.05 mm DR= 50.2 Mode of Failure : External pressure, deteriorated conduit(AWWA) Long-term Deflection = 1.03% (Spangler) Based on Trench Width of 2.25 feet 0.7 meter The input data for this project should be verified in the field prior to construction. Should other conditions exist now or are expected to change over the design life of this CIPP then appropriate adjustments must be made to the design calculations. CIPP DESIGN Date: 07/16/04 GRAVITY PIPE, FULLY DETERIORATED CONDITION PROJECT NAME Ci .of Huntington Brach' `,- =: '3�- = < : _`Er •<-:: _ n Asa. Ross 114 Section LOCATION Various 8"Sewer.Clnyes ' � DESIGN CRITERIApr s f z �� ' PIPE MEAN INSIDE DIAMETER INCHES FR)y B.0:In. � .- .::. `•_>: OVALITY % 2 = 2 PIPE MINIMUM INSIDE DIAMETER INCHES - 7:84iin¢- ; ; �=:.r6._: EXTERNAL WATER FT ABOVE INVERT i$ DEPTH OF SOIL(Hs,FT ABOVE TOP OF PIPE) 1t7:D0fta3 . SOIL MODULUS(E's),psi �1;000'ps1�' 1MR07 CIPP FLEXURAL MODULUS(E),psi '1,441250,00W�sl'91:445�4 � k CIPP FLEXURAL STRENGTH apsi ? 4 500: si € i REDUCTION TO ACCOUNT FOR LONG-TERM EFFECTS % 11 50�/° `.At1ti ' SOIL DENSITY w Iblft3 WI,1&Ibslft LIVE LOAD Concentrated Ibs P :4W.116,000s1bs LIVE LOAD Distributed Iblft `= OIbs1f . Distributed Load Width,(XI ft ,1 86ft rf 1lNKME—W Distributed Load Length. Y ft FACTOR OF SAFETY, N WIN~2 *11AW41![r�iiCti�ii DESIGN CALCULATIONS 1.BUCKLING ANALYSIS(MODIFIED AVWVA FORMULA) I iz 9: =Cx32xjtu.xB.x�,.Sx�ELxIN � D_ I:3 x t = 0.721 xDx C Solve for t, E, x R,,. B x E,} where, qi -total external pressure on pipe,psi =0.433Hw+wHsRv,1144+Ws Fl w -height of water above top of pipe,ft H, -height of soil above top of pipe,ft W -soil density,Iblft3 R w -water buoyancy factor = 1 -0.33(Hw 1 Hs),minimum value=0.67 WS -live load,psi(Wsc and/or Wsd) D -mean inside diameter of existing pipe(or CIPP outside diameter),inches C -ovality factor z ' 100) q -ovality = 100 x(max.dia.-mean dia.)lmean dia. N -factor of safety,typical value= 1.5 to 2 1 B' -coefficient of elastic support — B )+4Q`uhcH. E, -flexural modulus of elasticity of CIPP, psi,reduced to account for long-term effects f -moment of inertia,in"lin=t3112 t -CIPP thickness,inches PAGE(2) PROJECT NAME.......City of Huntington Beach a. Determine load q, =0.433xH, + wx 1 44xR., +Ws RN. =i—0.33 x H. HS R W= 0.79 w= 120 Ibslft3 1.LIVE LOAD Live loads(concentrated) _ 0.33xCscxPxFsc where, 6S sc 12 x D Wsc concentrated live load,psi P -concentrated load,Ibs Fsc -impact factor Csc -load Influence coefficient(concentrated) D -inside diameter of existing pipe (or CIPP outside diameter),inches Live load(distributed) Cse x P x Fse sd — 144 where, WSd -distributed live load,psi p -applied surface load,Iblfl2 Fsd -impact factor Csa -load influence coefficient(distributed) D -inside diameter of existing pipe (or CIPP outside diameter),inches P = 16,000 Ibs Csc = 0.028 Fsc = 1 p = 0 psf C sd = 0 F sa = 0 W,C = 1.54 psi WSd = 0.00 psi Ws =Wsc +Wsv = 1.54 psi 2. TOTAL EXTERNAL LOAD qt 10.9 psi b. Calculate coefficient of elastic support B,= 0.324 PAGE(3) PROJECT NAME.......City of Huntington Beach c. Calculate ovality reduction factor C= r1-- 1 I+— L 100� 100) C = 0.836 d. Calculate E, EL=E-(E x reduction factor to account for long-term effects) E,. 250.000 -( 250,000 x 0.5 ) E,. 125,000 psi e. Determine minimum CIPP thickness in buckling Alx 9r t=0.721xDx C ELxR;,. xB xEs t= 0.16 in. (External Pressure,Deteriorated Conduit) f. Check minimum stiffness requirement Ex E >0.093 D' 12 x(DR}' _ where, DR=dimension ratio. DR=D/t solve for t. -13 D' t= E 12 x 0.093 t= 0.131724 inches Min.Stiff.Limitation,Deteriorated Conduit It. Deflection(Spangler Formula) Y _ Kx(LW+Wj x100 D E +0.061xEs 1.5x(DR—I)' where, Y -vertical deflection of CIPP,inches YID deflection ratio,expressed as a percentage L -empirical lag factor,taken as 1.25 K bedding constant,taken as 0.083 W earth load,psi Ws -live load,psi(WSC and/or WSD) DR -CIPP dimension ratio=DIt E's -modulus of soil reaction, psi (typical value 700-1500 psi) PAGE(4) PROJECT NAME.......City of Huntington Beach a. Determine loads 1. Earth load(modified Marston formula) W- Cxwx8d 144 where, W earth load,psi Bd -trench width,ft w -soil density.Iblft3 C -1 -e(-2ku'Hs/Bd)12ku' e -2.718 k -a ratio of horizontal to vertical pressures W -coefficient of sliding friction between the backfill and trench walls Hs -soil depth to top of pipe,4 Bd= 2.25 ft ku'= 0.13 C= 2.64 W= 4.94 psi 2. Live load Ws = 1.54 psi b. Calculate deflection Dimension ratio(DR)=DIt= 50.1531 YID = 1.03 % <5%allowable? "` O.K. III. BUCKLING DUE TO EXTERNAL WATER PRESSURE(MODIFIED TIMOSHENKO) Restrained buckling analysis P= 2xKxE1x ) xC 1—v' �DR-1Y; N solve for t. D t= 2xKxEL xC �} Px Nx(I—+,`) +1 0 -mean I.D.of existing pipe(or CIPP outside dia.),inches t -CIPP thickness,inches DR -dimension ratio,(Dlt) P -allowable restrained buckling pressure,psi (or allowable external pressure measured above the pipe invert) K -enhancement factor(typically 7) EL. -flexural modulus of elasticity of CIPP,psi, reduced to account for long-term effects PAGE(5) PROJECT NAME.......City of Huntington Beach C =ovality reduction factor C= I1-- 1- -- 100� ( 100) j (Mean Diameter-Minimum Diameter) 4 = 100 x -------------------------------------------------------- Mean Diameter v =Poisson's Ratio(0.30 typical for CIPP) N =safety factor,(typically 1.5 to 2) a. Determine load _ H xG2.4 P 144 Hw-External water above invert(ft) P= 3.03 psi b. Calculate thickness K=enhancement factor= 7 v=Poisson's ratio= 0.3 t= 0.12 inches (External Pressure Buckling) IV. PRESSURE LIMITED DUE TO STRESS l 1.5x 9—x I+— xDR2—0.5x 1+-9 IxDR= 6 9 100 100 100) PN where, a= flexural strength of CIPP,psi solve for t, 1.5x1OOxr1+1 j i D�'—O.5x 1+IO0)x(�j P.ti' ll 25.515 \ 9.45 ---- --- --- _ 923.1 tz t 741.8 IF 4.08 t 1.96 = 0 t= 0.1 inches „(Maximum Compressive Hoop Stress) V. SELECT MINIMUM CIPP THICKNESS THICKNESS LIMITATIONS 0.1595 INCHES: EXTERNAL PRESSURE, DETERIORATED CONDUIT(AWWA) 0.1317 INCHES: MINIMUM STIFFNESS LIMITATION.DETERIORATED CONDUIT 0.1227 INCHES: EXTERNAL PRESSURE BUCKLING 0.1000 INCHES: MAXIMUM COMPRESSIVE HOOP STRESS MINIMUM DESIGN THICKNESS= 0.16 inches 4.1 mm DR= 50.2 DESIGN CASE: EXTERNAL PRESSURE, DETERIORATED CONDUIT(AWWA CIPP DESIGN - 15" Diameter Sewer Lines (as per ASTM F1216) Client: City of Huntington Beach 07/16/04 Project: Ross 114 Section Rehabilitation Project Location: Various 15" Sewer Lines Conduit 1 Condition: Gravity Sewer, Fully Deteriorated 250,000 psi Flexural Modulus 50 % Flexural Modulus Reduction to Account for Long-term Effects 4,500 psi Flexural Strength 2.0 Safety Factor for External Loads 15.00 inches Mean Diameter 14.70 inches Minimum Diameter 2 % Ovality 10.00 feet Maximum External Water Head to Invert 15.00 feet Soil Depth at Top of Conduit 120 Ib.lcu.ft. Soil Density 1,000 psi Soil Modulus 14.4 psi Total Earth Loading 16,000 Ibs Live load per AASHTO H-20 (includes 0.56 psi HWY surcharge) 0 psf 2025psf RR Live Load (80,000lbs per axle or 320,000lbs per truck) (includes 0.00 psi RR surcharge) Thickness Limitations ( inches ) ------------------------------------------------- 0.1080 Maximum compressive hoop stress 0.2585 External pressure buckling 0.2470 Minimum stiffness limitation, deteriorated conduit 0.3348 External pressure, deteriorated conduit(AWWA) Minimum Design Thickness = 0.335 inches 8.50 mm DR = 44.8 Mode of Failure : External pressure, deteriorated conduit (AWWA) Long-term Deflection = 1.31% (Spangler) Based on Trench Width of 3.5 feet 1.1 meter The input data for this project should be verified in the field prior to construction. Should other conditions exist now or are expected to change over the design life of this CIPP then appropriate adjustments must be made to the design calculations. CIPP DESIGN Date: 07/16/04 GRAVITY PIPE, FULLY DETERIORATED CONDITION PROJECT NAME CI of il4VHWAMWRMI ilio#ir:RHm flglm morn Ross',114�Sectlon Rehabilitatlbn�Pro'ea;tifl �w"I�"" `� � t��� �1; "`N` LOCATION Vari6us;15"4Sewer-Llnes _ _K�ff-. r W x DESIGN CRITERIA I ; ! ': PIPE MEAN INSIDE DIAMETER INCHES P15. an: 0 OVALITY % d W0 F W2;%T i;tf',Mi l - PIPE MINIMUM INSIDE DIAMETER INCHES 1470._iri Y 'lsi `x4 EXTERNAL WATER FT ABOVE INVERT f, 10'.0 ftr "W1W = 4 DEPTH OF SOIL(Hs,FT ABOVE TOP OF PIPE) = °= 15:00ft'' a SOIL MODULUS(E's),psi x =1000*imi s CIPP FLEXURAL MODULUS E ,psi = 250 000' sI-%V.ir-Er. P s CIPP FLEXURAL STRENGTH a psi .4 4AS00 si-roc REDUCTION TO ACCOUNT FOR LONG-TERM EFFECTS % 'iJW50 % f?iF1 '=max SOIL DENSITY w Iblft3 43NI4120(16s1ft LIVE LOAD Concentrated Ibs P &16.000;1tis LIVE LOAD Distributed lb/ft 0(Ilist ' Distributed Load Width, X ft $tft Distributed Load Length, Y ft 201ft FACTOR OF SAFETY,N 21 . DESIGN CALCULATIONS I. BUCKLING ANALYSIS(MODIFIED AWWA-FORMULA) C ELxj x�32xR,,. xB xESx q, N ;3 4 x q' r - 0.721 xDx ( C Solve for t, G, x R,B x F- s where, q, total external pressure on pipe,psi =0.433Hw+wHsRw/144+Ws H.w -height of water above top of pipe,ft Ns -height of soil above top of pipe,ft W -soil density,Ib1ft3 R w -water buoyancy factor =1 -0.33(Hw 1 Hs),minimum value=0.67 Ws -live load,psi(Wsc and/or Wsd) D -mean inside diameter of existing pipe(or CIPP outside diameter),inches C ovality factor f \Z 3 C �1 100 /�(+ 100) q -ovality = 100 x(max.dia.-mean dia.)/mean dia. N -factor of safety,typical value=1.5 to 2 1 B' -coefficient of elastic support = B = o Fstr; 1+4e- EL -flexural modulus of elasticity of CIPP, psi,reduced to account for long-term effects 1 -moment of inertia,in4/in=t3112 t -CIPP thickness,inches PAGE(2) PROJECT NAME.......City of Huntington Beach a. Determine load titr x H.x R. 144 Rif. =1—0.33 x H" Hs R,= 0.81 W= 120 Ibs1ft3 1. LIVE LOAD Live loads(concentrated) f"�sc 0.33 x Csr x P x Fsc = where, 12 x D Wsc concentrated live load.psi P -concentrated load,Ibs Fsc -impact factor Csc -load influence coefficient(concentrated) D -inside diameter of existing pipe (or CIPP outside diameter),inches Live load(distributed) CSy, X p X I sJ 144 where, WSd -distributed live load,psi p -applied surface load,IWO FSd -impact factor CSa -load influence coefficient(distributed) D -inside diameter of existing pipe (or CIPP outside diameter), inches P = 16,000 Ibs Csc = 0.019 Fs. = 1 p = 0 psf C Sd = 0 FSd = 0 Wsc = 0.56 psi WSd = 0.00 psi W s =Ws-- +W Sd = 0.56 psi 2. TOTAL EXTERNAL_LOAD q! 14.4 psi b. Calculate coefficient of elastic support B'= 0.399 PAGE(3) PROJECT NAME.......City of Huntington Beach c. Calculate ovality reduction factor C= I1-- 100) 1+— 100J C = 0.836 d. Calculate E. EL=E-(E x reduction factor to account for long-term effects) Ei= 250.000 ( 25U00 x 0.5 ) Eta 125,000 psi e. Determine minimum CIPP thickness in buckling 13 t=0.721xDx i` C ) ' ELxR.i. xR xEs t= 0.33 in. (External Pressure,Deteriorated Conduit) f. Check minimum stiffness requirement Ex] E >-0.093 D3 _ )2 x(DR), where, DR=dimension ratio, DR=Dit solve for t, r 1 3 _ D' t' E 12 x 0.093 t= 0.246982 inches (Min.Stiff.Limitation,Deteriorated Conduit) II. Deflection(Spangler Formula) Y — Kx(LW+l-Ys) x100 D ^ E +0.061xEs 1.5x(DR—1)' where, Y -vertical deflection of CIPP,inches YID -deflection ratio,expressed as a percentage L -empirical lag factor,taken as 1.25 K -bedding constant,taken as 0.083 W -earth load,psi WS -live load,psi(WSC and/or WSD) DR -CIPP dimension ratio=D/t E's -modulus of soil reaction,psi (typical value 700-1500 psi) PAGE(4) PROJECT NAME.......City of Huntington Beach a. Determine loads 1. Earth load(modified Marston formula) lip_ C x iv x Bd 144 where, W earth load,psi Bd -trench width,ft w -soil density,Ib/ft3 C -1 -e(-2ku'Hs/Bd)/2ku' e -2.718 k -a ratio of horizontal to vertical pressures W -coefficient of sliding friction between the backfill and trench walls Hs soil depth to top of pipe,ft Bd= 3.6 ft ku'= 0.13 C= 2.58 W= 7.54 psi 2. Live load Ws = 0.56 psi b. Calculate deflection Dimension ratio(DR)=DR= 44.79732 Y/D = 1.31 % <5%allowable? "' O.K. III. BUCKLING DUE TO EXTERNAL WATER PRESSURE(MODIFIED TIMOSHENKO) Restrained truckling analysis P= 2x KxE, x 1 xC 1—tiT� FDR— N solve for t, t= D 2xKxELxC I,+1 CP—XI V.x(l_1.=)I D -mean I.D.of existing pipe(or CIPP outside dia.),inches t -CIPP thickness,inches DR -dimension ratio,(Dlt) P -allowable restrained buckling pressure,psi (or allowable external pressure measured above the pipe invert) K enhancement factor(typically 7) EL. -flexural modulus of elasticity of CIPP,psi, reduced to account for long-term effects PAGE(5) PROJECT NAME.......City of Huntington Beach C =ovallly reduction factor= r c=`(1—q��I1+ q 1° 100) ` 100j (Mean Diameter-Minimum Diameter) q = 100 x ----------------------------------------------------------- Mean Diameter v =Poisson's Ratio(0.30 typical for CIPP) N =safety factor,(typically 1.5 to 2) a. Determine load H,,.r62.4 P= 144 Hw-External water above invert(ft) P= 4.33 psi b. Calculate thickness K=enhancement factor= 7 v=Poisson's ratio= 0.3 I= 0.26 inches (External Pressure Buckling) IV. PRESSURE LIMITED DUE TO STRESS Cr 1.5xgx l+g1 :�' xDW-0.5xr1+ q lxDR= 100 ]00� l 100� P where. a= flexural strength of CIPP,psi solve for t, z 9 LSx—x l+—�x D) —0.5x. 1�— x D = 9 9 _ 100 100j t j l 100 � 6 25.515 9.45 ------------- ----------- = 923.1 t2 1 519.2 t2 ' 7.65 t 6.89 - 0 t= 0.108021 inches (Maximum Compressive Hoop Stress) V. SELECT MINIMUM CIPP THICKNESS THICKNESS LIMITATIONS 0.3348 INCHES: EXTERNAL PRESSURE,DETERIORATED CONDUIT(AWWA) 0.2470 INCHES: MINIMUM STIFFNESS LIMITATION,DETERIORATED CONDUIT 0.2585 INCHES: EXTERNAL PRESSURE BUCKLING 0.1080 INCHES: MAXIMUM COMPRESSIVE HOOP STRESS MINIMUM DESIGN THICKNESS= 0.33 inches 8.5 mm DR= 44.8 DESIGN CASE: EXTERNAL PRESSURE,DETERIORATED CONDUIT(AWWA)