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HomeMy WebLinkAboutSANCON TECHNOLOGIES INC. - 2000-06-19 CITY CLERICS ORIGINAL City of Huntington Beach [OLD INTER-DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Eric R. Charlonne, Contract Administrator DATE: June 25, 2002 SUBJECT: Retention Release Payment Company Name: Sancon Engineering Inc. -- Address: 5841 Engineer Drive City, State and Zip Code: Huntington Beach, CA 92648 Phone Number: (714) 891-2323 Business License Number:A200298 Local Address: Same as above Notice of Completion Date:4/4/01 Contract Purpose: Retention Release for Cash Contract 1130, CDBG Sewer Sliplining Project The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as -no stop notices or outstanding invoices are on file with the City. certify that no stop notices are on file on the subqqct at this time. 6/2- Date ! Robert F. Beardsley, Public Works Director certify that there are no outstanding invoices on file. Date Hari Freidenrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. Dalte Connie Brockway, City Plerk Reyention 1130 6/25/2002 9:51 AM MaJr' 1 . 200212:24PM SANCON � zwzMA1 G . . �)uiBEACH 714 �rti ID73 r.v1/02 CITY CLERK'S ®RIGINAI pMCLA—PATION OF SATISFACTION OF CLAIMS 1. I am the general contractor for the City of Huntington Beach,as to the project more Mly described in the public works contract entitled 1,2-0-a-o CG !!3✓ and dated 2O0D. 2. All workers and persons employed,all firms supplying materials,and all subcontractors for the above-mentioned project have been paid in full. I The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state"NONE') I declare under penalty of perjury that the foregoing is true and correct. AExecuted --- Executed at A464 on this day of (Signature of C tractor) e:cetrasheon2 . B _to - Mav • 7 . 2002 12;24PM SANCON No• 2974 P. 3/4 MR+—r,r—crone A•r_o nun i i nu i uN BERCH 714 3 r.e2102 i.ERICS ORIGINAL City of Huntington Beach Dcparuncat of Public Works Post Mr.*Box 190 Huntingtoa Beach, CA 92649 Subject: Certification of Compliance with Title V11 of the Civil,Rights Act and Equal EW]oyment Opportunity Act of 1972 - Gentlemen: Mhe undersigned, coatractor on Project No. Title ' hereby certifies that all labours,mccharics,apprentices,trainees,watchmca and guards employed by him or by any subcontractor performing work under the contract an 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 taborer,meebanic,apprentice or trainee conformed to the classifications sat forth in the contractor training program provisions applicable to the stage rate paid. Sign dire arid Title 40 •�, 1.1.� .1.tJ:-�� Recorded in Official Records, County of Orange Gary Granville, Clerk-Recorder WHEN RECORDED MAIL TO: IIIIIIIIIIIIIIIIIIIIfIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIINO FEE CITY OF HUNTINGTON BEACH 2O010197934 09.20am 04104/01 Office of the City Clerk 110 67 N12 1 P.O. Box 190—2000 Main St. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Hu_ntington_Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Sancon Engineering, Inc.who was the company thereon for doing the following I p work to-wit: CC-1130—1999-2000 CDBG SEWER SLIPLINING PROJECT This project includes the sliplining of portions of the sewer within the Oakview and Newland Enhancement Areas. 1 That said work was completed March 19, 2001 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, March 19, 2001. That upon said contract Insurance Company of the West was surety.for the bond.given_by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this 27th day of March, 2001. City Clerk and ex-officio Clerk of the=City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to,be.recorded in the Office of the County.Recorder of Orange County by said City Council. Dated at Huntington Beach, California,this 27th day of March, 2001. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the-City Clerk P.O. Box 190—2000 Main St. Huntington Beach, CA 92648 File:202727 [CA] [PRIVATE] Recording Requested by and Return tb: l Customer: MATTHEW AND STEWART CO. INC. Project: Rec ID: Job #: 2003 CA '�. Ce.rt No. : llli�i ,.:i u NOTICE OF NT TO FILE A LIEN, STOP NOTICE OR BOND CLAIM TO THE OWNER OR REPUTED OWNER TO THE LENDER, SURETY .`B . v / CITY HUNTINGTON BEACH NONE ;; OND��O /�� 2000 MAIN ST HUNTINTON BEACH CA, 92 7 /1f�9 TO THE ORIGINAL\REPUTED CONTRACTOR FROM THE LIEN OR STOP NOTICE CLAIMANT SANCON ENGINEERING II INC Associated Ready Mix Concrete 5841 ENGINEER DR 4621 Teller Ave ste.130 Huntington Beach, CA Newport Beach, CA 92660 The undersigned claimant, Associated Ready Mix Concrete , intends to file a Claim of Lien against the building, erection or improvement described as Friesland & Newland project, located at LOTH & WALNUT, Huntington Beach CA. The roperty is more particularly described as set forth within Exhibit A, ir`af�ac e The specific contract information is for Customer Purchase Order #7532, Our Job/Invoice # 2003. The claimant furnished the following kinds of labor, services, equipment or materials: See Exhibit C; at the request of MATTHEW AND STEWART CO. INC.. , 2841 Gardena Ave., Long Beach Ca, 90806: 'he amount due is $1,376.64, including service charges or interest at the rate of 0.000% per annum. THIS NOTICE IS BEING SENT AS A MATTER OF COURTESY AND REFLECTS INFORMATION true as of this date. If this claim has already been paid, please disregard this notice. _�n ess we receive payment by 0312412001 a claim maybe filed. Property Description: Exhibit A VERIFICATION I declare that I am authorized to file this claim on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under enalt of perjury that the foregoing is true and correct. Executed at Newport Beach, Califo n 0/2001 for ASSOCIATED READY MIX CONCRETE . By: Tony Nuccio, Credit Manager PROOF OF SERVICE BY MAIL AFFIDAVIT I d Clare t at I served a .copy of the above document, and any related documents, by (as required by law) first-class, certified or registered mail, postage prepaid, addressed to the above named partie a th addresses listed above, on 03/20/2001. I declare under penalty of perjury a regoing is true and correct. Executed at Newport Beach, California on 03 0/2 Signed by CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 27, 2001 . Gary Granville County Clerk-Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, CA 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self- addressed, stamped envelope. SiZI:�� Connie Brockway, CIVIC City Clerk CBJh Enclosure: Notice of Completion—CC-1130—1999-2000 CDBG Sewer Sliplining Project—Sancon Engineering, Inc. ____ (Telephone:714-536-5227) r WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190—2000 Main St. Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Sancon Engineering, Inc.who was the company thereon for doing the following work to-wit: CC-1130—1999-2000 CDBG SEWER SLIPLINING PROJECT This project includes the sliplining of portions of the sewer within the Oakview and Newland Enhancement Areas. That said work was completed March 19, 2001 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, March 19, 2001. That upon said contract Insurance Company of the West was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this 27th day of March, 2001. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County.Recorder of-Orange County by said City Council. Dated at Huntington Beach, California,this 27th day of March, 2001. 14077ZywC City Clerk and ex-.officio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190—2000 Main St. Huntington Beach, CA 92648 CITY OF HUNTINGTON BEACH - (�_ MAnTwV;�/ W MEETING DATE: March 19, 2001 DEPARTMENT ID NUMBER:PW 01-029 Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied ( I i Cle s Signature Council Meeting Date: March 19, 2001 Department ID Number: PW 01-029 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator e9W PREPARED BY: ROBERT F. BEARDSLEY, Director of Public o + SUBJECT: Accept the 1999-2000 CDBG Sewer Sliplining Project, CC-1130, and File a Notice of Completion Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Should the City accept the 1999-2000 CDBG Sewer Sliplining Project, CC-1130 Improvements constructed by Sancon Engineering, Incorporated? Funding Source: Sufficient Community Development Block Grant funds (CDBG) were authorized for this project. Recommended Action: Motion To: 1. Accept the 1999-2000 CDBG Sewer Sliplining Project, CC-1130, at a final cost of $376,581.00, and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Alternative Action(s): None. 07 N'. 01-029 March 19 Martinez -2- 3/7/01 3:06 PM REQUEST FOR COUNCIL ACTION MEETING DATE: March 19, 2001 DEPARTMENT ID NUMBER:PW 01-029 Analysis: On June 19, 2000, the City Council awarded a contract to Sancon Engineering, Incorporated, in the amount of $305,072.50 to construct the CDBG Sewer Sliplining Project, CC-1130. The adopted project budget also included an additional $82,755.50 to cover potential change orders, and $30,507.00 supplemental expenses, for a total project amount of$418,335.00. The improvements are now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests that the City Clerk file the Notice of Completion. The following is a summary of the final project costs: Council Approved Actual Expenditures 1. Contract amount: $305,072.50 $374,006.00* 2. Change orders: $ 82,755.50 $ 2,575.00** Project Construction Costs: $387,828.00 $376,581.00 3. Supplemental Expenses: $ 30,507.00 $ 0.00 Total: $418,335.00 $376,581.00 *Actual quantities were greater than estimated. **One change order was issued for a required clean-out. Attachment(s): City Clerk's Page Number No. Description 1 Location Map RCA Author: Martinez:ld 01-029 March 19 Martinez -3- 317/01 3:06 PM ATTACHMENT # 1 s Xl Q' BOLSA AYE. NCO =air n Mc FAD DEN u, VE. _Ezlz NGER W y`I AVE ?,HE'L WARNER^ w u SLATER ,e I 1AlBERT ..- 9 ......... ....... \ PAC: C EL IS AVE i 6ARFlELDI - __ AVE._ \ - UI s \\ YOR<'OI 1MN N AYE. N 3i3i� �o, �7 \\ NOT TO SCALE .'MS I AVE. ,H NOIANAPOUS I AVE Y \\ -_NiA AVE \\ NAWLiON AVE \ OCEAN \BANNING \ \ \ \ \ \ wA7NE4 AVENUE o A E '1---'�`.! � --� . w �� A^ AVENu - CI NICEMBE `I I .fin.. .I.Li.. •.I. OacH EA SOUTH . I — -;:.. 7.;.L.. .,....I I 'ALB�n� AVENUE LocationMap.dwg LOCATION MAP •J� NE4 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 1 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Accept the 1999-2000 CDBG Sewer Sliplining Project Project, CC-1130, and File a Notice of Completion COUNCIL MEETING DATE: March 19, 2001 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLA NATION::FOR..MISSIN,G ATTACHMENTS REVIEWED RETURNED FORWARDED _. Administrative Staff ( ) ( lL ) Assistant City Administrator (Initial) ( ) ) City Administrator (Initial) City Clerk ( ) Z ..... W EXPLANATION'FOR RETURN..OF ITEM. Only)Below Space For City Clerk's Use RCA Author: Martinez:ld - RECEIVED BY: • • CITY CLERK RECEIPT COPY Return DUPLICATE to' �1\n. Cabo An Jeffrey Hughes(ext.6260) (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer TTN: Jim to of , Deputy City Treasurer FROM: _S DATE: 7- 213 — 00 SUBJECT: Bond Acceptance I have received the bonds for SmsiC.4o ��(,\)o (Company Name) Performance Bond No. 11 59 3 I Labor and Material Bond No. Monument Bond No. �. Maintenance Bond No. ,-71 3� Re: Tract No. CC No. 030 MSC No. ;;,,Approved Agenda Item No. (Council Approval Date) ` City Clerk Vault No. S A ,:p,pa g1jah/bondletter.doc CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: July 20, 2000 TO: Sancon Technologies Inc. ATTENTION: Bob Hollingsworth Name 5881 Engineer Drive DEPARTMENT: Sheet Huntington Beach, CA 92649 REGARDING: Sewer Sliplining City,State,Zip Project cc no. 1130 See Attached Action Agenda Item E-7 Date of Approval 6-19-00 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Conriie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds x . Insurance x RCA Deed Other CC: R. Beardsley DPW x x x bonds Name Department RCA Agreement Insurance Other D. Biggs OM Dev. x x x bonds Name Department RCA Agreement Insurance Other R. Martinez DPW x x x bonds Name Department RCA Agreement Insurance Other J. Slobojan _ Treas. x bonds Name Department RCA Agreement Insurance Other C. Mendoza x x Risk Management Dept. Insurance Y QFollowup/Letters/coverltr '' (Telephone:714-536-5227) 1 I FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SANCON TECHNOLOGIES, INC. FOR THE 1999/2000 CDBG SEWER PROJECT (CC 1130) THIS AGREEMENT is made and entered into on this 19th day of June 2000, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and., SANCON TECHNOLOGIES, INC., a California corporation hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works project to line sewer mains and. manholes in accordance with the contract documents and specifications (the 1999/2000 CDBG Sewer Project) hereinafter referred to as "PROJECT," in the City of Huntington Beach, California; and The PROJECT to which the construction work covered by this contract pertains is being . assisted by the United States of America and Federal Labor Standards Provisions are included iri this Contract pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, (24 CFR 135.3) Economic Opportunities for Low- and Very Low-Income Persons, Section>3 contract clauses, the work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; 00agree/sancon/6/14/00 1 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 agrees to perform all work necessary to complete the lining of sewer mains and manholes pursuant to the contract documents and specifications referred to in paragraph 2 herein. The parties to this contract agree to comply with HUD's regulations in'24 135:3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of. workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous.places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice 00agree/sancon/6/14/00 2 or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but.before the contract is executed, and (2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the 00ab ee/sancon/6/14/00 3 prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of,the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the.work herein agreed upon; 00agree/sancon/6/14/00 4 . C. The 1997 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION. CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement; subject to any additions or deductions made under the provisions of.this Agreement or the contract documents, a sum not to exceed Three Hundred Five Thousand Seventy Two Dollars and fifty cents ($305,072.50) as set forth in.the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 00ao ee/sancon/6/14/00 5 4. COMMENCEMENT OF PROJECT. CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within sixty (60)working days, including material delivery, from the execution of this Agreement by CITY, excluding delays provided for herein. 5. TIME OF THE ESSENCE. The parties hereto recognize and agree that time is of the essence.in the performance of this Agreement and each and every provision of the contract documents. CONTRACTOR shall prepare and obtain approval as required by the contract documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the contract documents. CONTRACTOR shall coordinate its work.with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the . efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work on CONTRACTOR on the premises. 6. CHANGES. CONTRACTOR shall adhere strictly to the plans and-specifications set forth in . the contract documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no 00agree/sancon/6/14/00 6 condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such.cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED. No work, services, material, or.equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS. CONTRACTOR.shall, prior to entering upon the performance of this.Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract 'price to warrant such performance.for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent(100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 00agree/sancon/6/14/00 7 9. WARRANTIES. The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. MINIMUM WAGES. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent.deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (24 CFR 3.5), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained. in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section (b)(2)(b) of the Davis-Bacon Act, codified at 40 USC 276a et seq. on behalf of laborers or.mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. 00agree/sancon/6/14/00 8 Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the.amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized 00ab ee/sancon/6/14/00 9 representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate)determined pursuant to subparagraphs (1)(b) or(c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third . person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the 00agee/sancon/6/14/00 10 CONTRACTOR, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 11. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of Housing and Urban Development ("HUD") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee. 12. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis=Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of wages required by the contract. In the event.of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, 00agree/sancon/6/14/00 1 1 HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 13. HEALTH AND SAFETY. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. The CONTRACTOR shall comply with all regulations issued by.the Secretary of Labor pursuant to Title 29 Part 1926, et. seq. (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract.Work Hours and Safety Standards Act (40 USC §327, et seq.). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 14. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of 00agree/sancon/6/14/00 12 probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship[ program,the CONTRACTOR will no longer 00ab ee/sancon/6/14/00 13 be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less'than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 00agree/sancon/6/14/00 14 15. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act 40 USC 276a, et seq.), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv)that.the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act (40 USC 276a, et seq.), the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) The CONTRACTOR shall submit-weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The 00ao ee/sancon/6/14/00 15 payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(6' )(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(1) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. 00agree/sancon/6/14/00 16 The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under 18 USC 1001 and 31 USC 3729 (formerly 31 USC 231). The CONTRACTOR or subcontractor shall make the records required under paragraph A.3(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on.the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to. make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 16. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any,liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 00ab ee/sancon/6/1 4/00 17 17. LIQUIDATED DAMAGES/DELAYS. It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, . impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Four Hundred.Dollars ($400.00) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or,negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire,floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be.conclusive on the parties hereto. 00agree/sancon/6/14/00 18 Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 18. SUBCONTRACTS. _ The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. 19. INDEPENDENT CONTRACTOR. It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense,and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment 00agree/sancon/6/14/00 19 compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 20. DIFFERING SITE CONDITIONS. (1) notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) unknown physical conditions at the job site, of an unusual nature,_ differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 21. VARIATIONS IN ESTIMATED QUANTITIES. The quantities listed in the bid schedule will not govern final payment. payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than'or. less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the fact and circumstances, 00agree/sancon/6/14/00 20 order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 22. PROGRESS PAYMENTS. Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. partial payments on the contract price shall not be considered as an acceptance of any part of the work. 00agree/sancon/6/14/00 21 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES. At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 24. AFFIDAVITS OF SATISFACTION OF CLAIMS. After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times,.if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 25. WAIVER OF CLAIMS. The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS. CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence except where 00agree/sancon/6/14/00 22 caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 27. WORKERS' COMPENSATION INSURANCE. Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One-Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two:Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 28. INSURANCE. In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a .form which includes a designated general aggregate limit, the aggregate limit must be no less 00agree/sancon/6/14/00 23 than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS. Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1.. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above-detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 00agree/sancon/6/14/00 24 A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 30. DEFAULT AND TERMINATION. If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 31. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS. CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 32. NON-ASSIGNABILITY. CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 00agree/sancon/G/14/00 25 33. CITY EMPLOYEES AND OFFICIALS. CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 34. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS. CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of-Stop notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so.incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 35. NOTICES. All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 36. CAPTIONS. Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 37. FEDERAL PARTICIPATION. The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions 00agree/sancon/6/14/00 26 embodied herein are included.in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 38. DAVIS-BACON ACT. CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 USC Section 276a, et seq.)for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein.by this reference. 39. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this contract. Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 40. CERTIFICATION OF ELIGIBILITY. By entering into this contract, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 00agree/sancon/6/14/00 27 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is.prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of...influencing in any way the action of such Administration...makes, utters or publishes any statement, knowing the same to be false.:.shall be fined not more than $5,000 or imprisoned not more than two years, or both." 41. DISCRIMINATION, MINORITIES, ALIENS. CONTRACTOR.shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment .on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 42. EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. 00agree/sancon/6/14/00 28 Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 527 (formerly 38 USC Section 219 et seq.)) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the City with its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 43. COPELAND"ANTI-KICKBACK" ACT. CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 44. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, 00agree/sancon/6/14/00 29 or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. As used in this section, the terms "laborers" and "mechanics" include watchmen and guards. 45. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of.this Agreement.were not listed, on the date.of contract award,.on the United- States Environmental protection Agency,(EPA) List of Violating Facilities, pursuant.to 40.CFR 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Clean Air Act (42 USC 7401, et seq.) of the Federal Water Pollution Control Act (26 USC 1251, et seq.) and all regulations and guidelines listed thereunder. (c) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 00agree/sancon/6/14/00 30 46. ENERGY CONSERVATION. Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy policy and conservation Act (42 USC Section 6201, et seq.). 47. HOUSING AND URBAN DEVELOPMENT. CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 48. SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 49. CONTRACT TERMINATION; DEBARMENT. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5:12. 50. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is 00agree/sancon/6/14/00 31 about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 51. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT- OVERTIME REQUIREMENTS. No CONTRACTOR or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic-rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. 52. VIOLATION; LIABILITY FOR UNPAID WAGES; LIQUIDATED DAMAGES. In the event of any violation of the-clause set forth in subparagraph (1) of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 00agree/sancon/6/14/00 32 53. LEGAL SERVICES SUBCONTRACTING PROHIBITED. CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 54. ATTORNEY FEES. In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof,_each.party shall bear its own attorney. fees. REST OF PAGE NOT USED 00agree/sancon/6/14/00 33 55. ENTIRETY. The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. SANCON TECHNOLOGIES, INC. CITY OF HUNTINGTON BEACH, a _ municipal corporation of the State of Californi By: ck diBenedtto, Presiden rl By: ayor pro Vem Bob Hollingsworth, Secretary ATTEST: REVIEWED AND APPROVED: City Clerk 67- ?o —60.41 City ministrator APPROVED AS TO FORM: City Attorney �� 6 00��1�� rIIATED ND APPROV hector of Public Works 00agree/sancon/6/14/00 34 _I FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SANCON TECHNOLOGIES, INC. FOR THE 1999/2000 CDBG SEWER PROJECT TABLE OF CONTENTS Page No. 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 2 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 4 3. COMPENSATION 5 4. COMMENCEMENT OF PROJECT 6 5. TIME OF THE ESSENCE 6 6. CHANGES 7 7. NOTICE TO PROCEED 7 8. BONDS 8 9. WARRANTIES 8 10. MINIMUM WAGE 8 il. PREVAILING WAGE LAW 11 12. WITHHOLDING 12 13. HEALTH AND SAFETY 12 14. APPRENTICES AND TRAINEES . 13 15. PAYROLLS & BASIC RECORD 15 16. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATIONS 18 17. LIQUIDATED DAMAGES/DELAYS 18 18. SUBCONTRACTS 20 19. INDEPENDENT CONTRACTOR . 20 20. DIFFERING SITE CONDITIONS 20 21. VARIATIONS IN ESTIMATED QUANTITIES 21 22. PROGRESS PAYMENTS 21 23. WITHHELD CONTRACT FUNDS 22 24. AFFIDAVITS OF SATISFACTION OF CLAIMS 22 25. WAIVER OF CLAIMS 23 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 23 27. WORKERS COMPENSATION INSURANCE 23 28. INSURANCE 24 29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 25 30. DEFAULT & TERMINATION 26 31. DISPOSITION OF PLANS, ESTIMATES AND OTHER 26 32. NON-ASSIGNABILITY 26 33. CITY EMPLOYEES AND OFFICIALS 27 34. STOP NOTICES 27 35. NOTICES 27 36. CAPTIONS 27 37. FEDERAL PARTICIPATION 28 38. DAVIS-BACON ACT 28 39. DISPUTES CONCERNING LABOR STANDARDS 28 40. CERTIFICATION OF ELIGIBILITY 28 41. DISCRIMINATION, MINORITIES, ALIENS 29 42. EQUAL EMPLOYMENT OPPORTUNITY 29 43. COPELAND ACT 30 44. CONTRACT WORK HOURS 30 45. CLEAN AIR ACT 31 46. ENERGY CONSERVATION 32 47. HOUSING AND URBAN DEVELOPMENT 32 48. SUBCONTRACTS 32 49. CONTRACT TERMINATION; DEBARMENT 33 50. COMPLAINTS PROCEEDINGS OR TESTIMONY 33 51. CONTRACT WORK HOURS AND SAFETY STANDARDS 33 52. VIOLATION; LIABILITY FOR UNPAID WAGES 33 53. LEGAL SERVICES SUBCONTRACTING PROHIBITED 34 54. ATTORNEY FEES 34 55. ENTIRETY 35 'OM SANCON FAX NO. : 7148912524 Jul. 10 2000 11:36AM P2 j1: F,I1' E:,4 aTMAN AND COMPANY; 8188432400; Jul-10-00 11 ;33AM; Page 1/2 ,}■'wannwua,nrelaan 1 J �►�, F Y)T IS RTIFtCATE I9 18SUED A A TTIER OF IN/ rHOLO�EPL LY AND CONFERS NO AIGHIT UPON T1419 Cj aIIkI),:ten tl Company In&Brokers VO S bw �pO THIS CERTIFICATE DOES NOT AMEMID, E !• .t Srtll'�'floNyw ood Way Suite 201, T R THE COVERAGE AFFORDED BY THE POLICIES OELAW . O('Orlon dk,C.A 91509-105.9 COMPANIES AFFORDING COVERAGE DI ji lea 1-24100 COMPANY _ A PauMe Emits Ins Cu li'v:iiva; QCII ii�7 COMPANY 4.,i:nc6l,To,b:rtolo01oe1,Inc. n Transportation Yneuranee Y 1,81 E:JpI;'tl-oForDrive COMPANY -^ J'hutulst ima Deitch, CA 92649- C VaAey Forge too Co COWANY D 18 1,0 11.11 FY TWAT THE F OUCIEB OF INSURANCE LISTED BELOW HAVE E V E• B L'N 16SUFA TO 7NL IN9ANiFp NAMED 1180VE FOR THE POLICY PER►W i 4401.NTLI). NOTWITHSTANDING ANY REOUR9WNT, TERM OR CONDITtON OF ANY CONTRACT OR OTHER DOCUMENT Wlyti RESPECT TO WHICH THIG f 'mit,rinGl1Tl.! MAY at Iss= OR WAY PERTAIN, THE INSuWCE AFFORDPO BY THE POLICIES DFbGRIBED HERRIN 1.6 SUBJECT TO ALL THE TERMS, EitGl,US C US AND CONDITIONS OF SUCH POLICIES.LIMIT*SHOWN MAY"AVE BEEN REDUCE BY PAD CLAIMS, I T r.vd OP INSURANCE POLICY wilm POt.ICY IPPPCTNN POLICY NXPOATWN PINTS..dl. ._r... DATE(MY10n1W1 DAYC(11hMMMI oewt'"AL LIAMU Y osNEAALAGUROGGATE I 2,000A00 "'a'WAiRCIAL GENERAL LIABILITY PRODUCTS-COMPW AGO I 1000 000 L=j` MOM 99C010291A7116 08/Ol/99 10/01/00 KRSON t.ADVINJURY II 10(111000 _.J i.WNt 1r8 a CONTAACTCP9 PAOT LACH OOCURRENCE I 11000,000 FIRE DAMAGE tftwwtiro) S 50000 11 MED EXP Any rw P erwn I 54000 !� MIJY2>I1t6W l,e IJne1LITY i i�9 A�vulrt COM13wen8INGLELIMIT t 1,000,000 'I'• 4 �..Loavnllro 4VIUs (FKLN INJURY -:�Ef11IJA0 AUTOS 99�UA102914A1AR 0 /01/99 10/O1/00 � W) 1 1,1a:OJ,11ros BODILY INJURY n`JI jrrjh-Ou/NHDAMOS APPROVED AS TO ORM11 (Pwtrddon) e G.A.IL HUTTON,. City Attorn® . B PROPt:KIY UAMAGE t ;�. ,,,, �,•,�. t i Atto '! j �.rUqrAi<;a916!dIu.ITY AUrO ONLY-EA ACCIDENT tI ne4'r AL YI) OTHER TNAN AUTO ONLY: EACH ACCIDENT I f s AOOpCpATE S liarlglFh 1,141111 ry EACH OOCLIRAENCE / 000 0 11i n811fJ-4FORM 99CTI'1036S26AN2 08/01/99 1W01/00 AOCIREGATG I 4000,000 ( HERR TWA UMBULLA FORM I YIpANFiAI1C(tiMPENAATONANO ✓ ;:.:'. '. '. EMVL.{i"CI�I'LIAa11JtY .:.�.i��ilil'._."��:!...:. �` 1 EI.@ACM ACCIDL�IJI' 1000000 '1�' 'Y:ir:aru;PRlt rdW INOL 4S99002J17 10/01/99 10/01/00 EL DISEASE-POLICY UAW I 100MQ I'AION 0444i)1;I:UTIVE 1 �FPICt;i�Il AM!: rXOL eL DUMAtik-EA EMPLOY6F. 8 1000000 C'Vr 1L;W ylil%r'Iw1p!fll CIONIIA hOCARON9AleraGL taDWL Ma N, I�.d;.tvu.'►171CI-'99P00 CDBGSewcr Projoet 0ty or Huntington(teach,its employe",diractora,e[(lcom&agenla are named Additional Iasarah. Itlt iwl op%,nrap.-In out subject to any deductlble.aelf4avared rettentlO"r qqy other type lindtatlon I T4. 9Y01y�rC. Ari-1't►ymcnt DY rnmlwn. . . WOULU ANY OF HE ABOIVC MMM aD VOUCIaa Nei 0Me NLLCO BEFORC Trig ' (• 4y of ff:LIlt:1111;t11n$Bash NYPIRATION DATE THER130I, THE AIWNO COMPANY VWLL OCXXX,X70iNAL I1;II Nfr4i it 811-met-11,0.Box 190 30 DAY3 WRITTsu NOTIOC TO YH!GmTorATE►(m=WNW TO THE LOFT, rt, ,iIIF:I'Ittr I;ItIICII,CA 9Z6,4N- xxxxxm xXXxw • !� XXxxac7cXXx�cxx I WT R RieiN7>17Wp t I I ' FROM : SANCON FAX NO. : 7148912524 Jul. 10 2000 11:37AM P3 t3/: 1::.4t31"MAN AND COMPANY; 8188432400; Jul-10-00 tt :34AM; Page 2I8 K)LICY NUMBER' 99CO1029147116 COMMERCIAL GENERAL LIABILITY "THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED W OWNERS, a, N LESSEE'S or CONTRACTORS [Form B] )'hi:s sjtdo^at+ment modifies intsuramcs provided under the following; II. COMMERCIAL GENERAL LIABILITY COVERAGE PART I M SCHEDULE jrma of Poruon or Organlaetlon: „ �. :ItW al FlunUagtott Beach X100 Msie Street-P.O.Bow 190 ,:l1-Iuvil-In;tan 9-cacti,CA WAS- . . it 1 '-na entry agppaars above, information required to complete this endorsement will be shown In the Declarations I:nppffi-.abli5 to thia endorsement.) yti0 i`;Ate„ INSURED (&r%en 11) is amended to Include at an insured the person or organization shown In I Sdmdulo, but only with respect to liability arlcing out of"your work"for that insured by or for you, Ion.+"1:'.]'tu.1 i:it►'09/'00 CDBG5Sawas YroJcct City of hunGnKton Beach,its employec4 directors,officers de agents ars nailed iVi+'w o In tairetlr. Stated coverage In not subject to any 4ednatlbh;sctf htsurrd retentiva,or any other type Iltnitsrtion I +;d i 4� �f z') 11:) 1185 Copyrlflht, Insurance Service Office, Inc., 1084 2 1441 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: 171 99 34 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Sancon Technologies, Inc., as Principal, hereinafter called Contractor,and Insurance Company of the West, as Surety, hereinafter called Surety, are held and firmly bound unto City of Huntington Beach, CA,as Obligee, hereinafter called Owner, in the amount of three hundred five thousand seventy-two and 501100 Dollars($305,072.50),for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for the 1999/2000 CDBG Sewer Project C.C. No. 1130 in accordance with drawings and specifications prepared by 1997 edition of Standard Specifications for Public Works(orthe Architect)which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default,or shall promptly (1) Complete the Contract in accordance with its terms and conditions,or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder,or,if the Owner elects,upon determination by the Owner and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses(even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price;but not exceeding, including other costs and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof. The term"balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two(2)years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors,administrators or successors of Owner. Signed and sealed this 22nd day of June. A.D. 2000. Sancon Technologies,Inc. (Seal) ( By: (Title) INSURANCE COMP F WEST (WITNESS) By: Michael R, angan Attorney-In-Fact APPROVED AS TO FORM: G-k!-L HUTTOfi, City Attorney E - � CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Los Angeles June 22, 2000 On before me, Mari C_ Ami ri _Notar�� public DATE NAME,TITLE OF OFFICER-E.G., NE DOE.NOTARY PUBLIC personally appeared Michael R. Langan . NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personlA whose name4) is/axe subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/ { authorized . capacity, and that by his1AyATA±mdm signatureM on the instrument the persor or the entity upon behalf of which the ..��•.,•o-�g.:.,..e.•....-•••»• personW acted, executed the instrument. a MARY S.AMIRI G COM 4.#1175731 R S WU�CAMWA S WITNESS my hand and offi ial seal. • My CAM.Expires April 5,2002 SIG TORE 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 Perforn}ance Bond TITLE OR TYPE OF DOCUMENT TITLE(S) . ❑ PARTNER(S) ❑ LIMITED El GENERAL one 2 ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ;R ❑ .GUARD IAN/CONSERVATOR 6/22,/00 ❑ OTHER: DATE OF DOCUMENT x SIGNER IS REPRESENTING: ff NAME OF PERSON(S)OR ENTITY(IES) F 7n suranrp rnTan; of the West SIGNER(S)OTHER THAN NAMED ABOVE I . r, i I 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 x I ` is i Insurance Company of the West HOME OFFICE:SAN DIEGO,CALIFORNIA POWER OF A17ORNEY KNOW ALL MEN aY THESE PRESIENTS:That INSURANCE COMPANY OF THE WEST,a California Corporation,does hereby appoint: MICHAEL R.LANGAN its true and lawful Attomey(s)•in••Fact,wth full power and authority,to execute,on behalf of the Company,fidelity and surety bonds,undertakings,and other contracir►of suretyship of a simiiar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by board of Diractors on the 23rd day of February, 1998,which said Resolution has not been amended or rescinded and of which the following is a true copy: 'RES0124F- ,that the Chairr..an or the Board,the President,an Executive Vice President or.a Senior Vice President of the Company,and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorgey named in the given Power of Att,,rney to execute•on behalf of the Company.fidelity and sumy bonds, undertakings,or other contracts of suretyship of a similar nature;and to attach thereto the seal cf the Company; providoc^cwever,that thf at se rx of.tre seal shall not affect the validity of the Instrument. FURTHER RESOLVED,tr:a.t'•.he;signatures of such officers and the seal of the Company,and the signatures of any witnesses,the signatures and seal of any notary,and the signatures of any officers certifying the validity of the Power of Attorney,may be affisced by facsimile." IN WITNECS V1111EP rOF, INSU-.6,NCE COMPANY OF THE WEST has cauaed these presents to be'slgned by it_duly authorized'officers this 71 H day of DECEMBE R 1999. i+rAvrp�f INSURANCE COMPANY OF THE:WEST tt s� ye ,A;,eeronertn � ��1LKOPM�A - STATE OF L!-.LIF,QRNIA hn L.Hinnum,Executive Vice President COUNTY OF SAN UIEGO IN 4NgTNESS WHEREOF,the undersigned certify that they are adults,and have witnessed the signing of this instrument by the prir-091 or have%itnes.ned the principal's ac.4nowindgment of tiii+iigoat ire on the power of attorney,pursuant to California Probate Code§4121 and-4122. Na Cy Ituby — M Janis Theodore C RTIPiCATE.- I,John H.Craig,Assistant Secretary of INSURANCE COMPANY OF THE WEST,do hereby certify that the original POWER OF ATTORNEY,of which the fcrngoing is a true copy, is still in full force and effect,and that this certificate may be signed by facsimile under the authority of the above quoted iesolution. IN WITNESS WHEREOF,I haze subscrioed my name as Assistant Secretary,on this 22nd day of June,. 2000 INSURANCE CO ANY OF T E WEST a �,60MOM7EC t S raig,Assista a retary ICW V ..f I.C.W. GROUP Bond No. 17199 35 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 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 Technologies, Inc. as Principal, hereinafter called Principal, and Insurance Company of the West, as Surety, hereinafter called Surety,are held and firmly bound unto City of Huntington Beach, CA, as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of three hundred five thousand seventy-two and 501100 Dollars ($ 305,072.50), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has by written agreement dated entered into a contract with Owner for the 1999/2000 CDBG Sewer Project C.C. No. 1130 in accordance with drawings and specifications prepared by 1997 edition of Standard Specifications for Public Works(or the Architect)which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly made payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, and if the Contractor or his subcontractors shall pay(a)amounts due under the Unemployment insurance required to be deducted, withheld and paid over to the Employment Development Department from the wages of the employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a dived 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 nindy(90)days after such claimant did or performed the last of the work or labor,or famished 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 famished,or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail,postage prepaid,in an envelope addressed to the Principal, Owner or Surety,at any place where an office is regularly maintained for the transaction of business,or served in any manner in which legal process may be served in the state in which the aforesaid project is located,save that such service need not be made a public officer. b) After the expiration of one(1)year following the date on which Principal ceased Work on said Contract,it being understood,however,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project,or any part thereof,is situated, or in the United States District Court for the district in which the Project,or any part thereof,is situated,and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder,inclusive of the payment by Surety of mechanics'liens which may be filed of record against said improvement,whether or not claim for the amount of such lien by presented under and against this bond. 5. In case suit is brought upon the payment bond,the surly will pay a reasonable attorney's fee to be fixed by the court. Signed and sealed this 22nd day of June,2000. Sancon Techylogies,Inc., (Principal) (Seal) itness (Title) W ess) INSURANCE COMPANY OF WEST By: A4,11 Michael YLangan Attorney n-Fact GAIL HU�i"O.'J, City Attorne;; BY: ���-� ;' -r1By 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Los Angeles On June 22, 200o before me, Mar c, g q Ami ri , Notary Public DATE NAME,TITLE OF OFFICER-E.O.,"JANE DOE,NOTARY PUBLIC" personally appeared Michael R. Langan. NAME(S)OF SIGNER(S) 1 personally known to me OR - ❑ proved to me on the'basis of satisfactory :evidence to be the person�A whose nameta) is/axe subscribed to the within instrument and ac- knowledged to me that he/she/they executed the . same in his6bgkr ' authorized. capacity, and that by hish#xexrxx signature6W on the instrument the person or the entity upon behalf of which the personal acted, executed the instrument. «••••••••••.M.ee•se..ee,.e�•� WITNESS my hand andpfflcial seal. kmw S.AMIRI s GOVI . #1 t 18731 q , S NOTA Y.PUB!IC-CALIFORNIA S 4 LOS APiGEi_c;:CoUNl p - • NATURE OF NOTARY my Comm- - t•e).�...�H.•�.•e•eeeeOKeNe00 q•j - OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Labor and Material Payment Bond TITLE OR TYPE OF DOCUMENT. TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL one ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATORt ❑ OTHER: 6 June 2000 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Tnsi,ranrP Company of the West SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Insurance Company of the West HOME OFFICE:SAN DIEGO,CALIFORNIA POWER OF A17ORNEY KNOW ALL MEN aY THESE PRESENTS:That INSURANCE COMPANY OF THE WEST,a California Corporation does hereby appoint, MICHAEL R.LANGAN its true and lawful Attomey(s)-in••Fact,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds;undertakings,and other contracts of suretyship of a sin iliar nature. This Paver of Attamey is granted and is signed and secled by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 23rd day of February, 1998,which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOL'JCD,that the Chac—i—an of the Board,the President,an Executive Vice President ort,Senior Vice President of the Company,and each of them, is hereby authorized to execute Powers of Attorney quzlifying the attorney named in the given Power of Attorney to execute on behalf of the. Company,fidelity and curry bonds, undertakings,or other contracts of suretyship of a similar nature;:and to attach thereto the seal cf the Company: providoa^.c ever,that theL at,s-avi:e of.trie seal shall not affect the validity of the instrument. FURTHER RESOLVED,tr:?.t he;signatures of such officers and the seal of the Company,and the signatures of any witnesses,the signatures and seal of any notary,and the signatures of any officers certifying the validity of the Power of Attorney,may be affixed by facsimile." IN WITNE,JS WHEREOF, !NSURANCE COMPANY OF THE WEST has oauaed thesis presents to be',!gned by it_duly authorized`officers Ws 71 H day of DECEMBE R 1999. INSURANCE COMPANY or THE WEST Caron,(. STATE Of C.,.LIF,DKN[A hn L.Hannum,Executive Vice Pre:.!dert COUNTY OF$AN UIEGO IN%NfITNESS WHEREOF,the undersigned Certify that they are adults, and have witnessed the signing of thin instrument by the pri-:;:pql or have witneo.sed the principal's acknowindgrrlent c ftro sigoature on the power of attorney,pursuant to California Probate Ccde§4121 and-41.22. "Ky :uby ; Janis Theodore i CE R TI FICATE.- I,John H.Cral-g,Assistant Secretary of INSURANCE COMPANY OF THE WEST,do hereby;certify that the original POWER OF ATTORNEY,of which the fcm9oing is a true copy, is still in full force and effect,and that this certificate maybe signed by facsimile under the authority of the above quoted reSQiuiion. IN WITNESS MiEREOF,I have subscrioed my name as Assistant Secretary,on this 22nd day of June,. 2000 4t°DMrAKI, INSURANCE CO ANY OF T E WEST .s a ��01.►DM)E° it k"1.j0 raig,Assista a retary ICW 37 7 2N° aC161�+1�L 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 BOND Bond No.171 99 34 KNOW ALL MEN BY THESE PRESENTS: That, Sancon Technologies, Inc., as Principal, and Insurance Company of the West, a corporation organized under the laws of the State of California and authorized to do a surety business in the State of California, as Surety, are held and firmly bound unto the City of Huntington Beach, CA in the sum of three hundred five thousand seventy-two and 501100 dollars ($305,072.50), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents: SEALED with our seals and dated this 22nd day of June, 2000. WHEREAS, on the , the said Sancon Technologies, Inc., as contractor, entered into a contract for the 1999/2000 CDBG Sewer Project CC No. 1130 for the sum of three hundred five thousand seventy-two and 501100 dollars ($305,072.50); and, WHEREAS, under the terms of the specifications for said work, the said Sancon Technologies, Inc. is required to give a bond for three hundred five thousand seventy-two and 50/100 dollars ($305,072.50), to protect the City of Huntington Beach, CA against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same, namely, until Nov. 1, 2001. NOW, THEREFORE, if the said Sancon Technologies, Inc. shall for a period of one year from and after the date of the completion and acceptance of same by said City of Huntington Beach, CA replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. Sancon Technologies, Inc. BY: Insurance Company of the West BY: Michael R. L igan, ATTORNE -IN-FACT a±rR OVED AS TO FORM: GAIL HUTTON, City Attorney BY: eFaey--rp ,� 7 I t`1 I I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of Calif ornia County of Los Angeles On June 22, 2000 before me, . Mary S Ami ri , Not-ar�i Puh?i^ DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC- personally appeared Michael R. Langan NAME(S)OF SIGNER(S) 1 personally known to me - OR - ❑ proved to me on the-basis of satisfactory evidence to be the person(a) whose name) is/lam subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/ V authorized. capacityj., and that by hisirix signatureW on the instrument the person or the entity upon behalf of which the personal acted, executed the instrument. �MaaaaaaaaaaaMa�aM�aeaaaaaaaaNN- - a ' MARY S.AMIR1 G WITNESS m hand and, official seal. s COMM. #1'17873.1 S ® NOTARY PUBLIC-CALIFORNIA S 2 LOS ANGELES COUNTY 2 My Comm.Expires April 5,2002 • :aye•aaaaaaaaaaa�a�aaaassaa-•�aaaaaai SI ATUFIE OF NOTARY OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Maintenance Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL one ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 6/22/00 DATE OF DOCUMENT SIGNER.IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Insuranrp CnmpanV nf_fhe West SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Insurance Company of the West HOME OFFICE:SAN DIEGO,CALIFORNIA PONDER OF ATTORNEY KNOW ALL.MEN BY Ti IESE PRESENTS:That INSURANCE COMPANY OF THE WEST,a California Corporation,does hereby appoint: MICHAEL R.LANGAN its true and lawful Atiomey(s)-in-Fcict,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds,undertakings,and other contracts of suretyship of a sin lac nature. This Power of Attorney is granted and is signed and sealed by fac3irnile under the authority of the following Resolution adopted by the Board of Dira.Ltors on the 23rd day of February, 1998,Which said Resolution has not been amended cir rescinded and of which the following is a true copy: "RESOLVED,that the C:halr„an of the Board,the President,an Executive Vice President or.a Senior Vice President of the Company,and each of thwil, is hereby authorized to exe%ute Powers of Attorney qualifying the attorney named in the given Mower of Attorney to execute on behalf of the Company,fidelity and cur«ty bonds, undertakings,or other contracts of suretyship of a similar nature;:and to attach thereto the seal cf the Company: providoa hcwever,that the,absc-icel tree seal shall not affect the validity of the instrument. FURTHER RESOLVED,that 1ho s:lgnatures of such otfrcers and the seal of the Company,and the signatures of any witnesses,the signatures and seal of any notary,and the signatures of any officers certifying the validity of the Power of Attorney,may be affczed by facsimile." IN WITNE"'S WHEREOF, INSU.-O.NCE COMPANY OF THE WEST has=sed these presents to be signed by It:duly authorized'officers this TTH day of DECEMBE:R 1990. -xa- °'"""o.. INSURANCE COMPANY Of: THE:WEST i? OAr00Arf,� r "+n0il 1,OIL (� 1'��ALIFOPM\P STATE OF C'-.LIF,'-)RNIA hn L.Flannum,Executive Vice Pre!a:dert - COUNTY OF SAN DIE_GO IN�NgTNESS WHEREOF,the undersigned ceilify that they are advlts, and have witnessed the signing of thin instrument by the principsi or have%itneaaed the principal's acknowindgn•ient oi'uid a.igiiaturee on the power of attorney: pursuant to California Probate C%cde§4121 and-411'22. Nancy�tuby Janis Theodore i CERTI'ri CATE:. I,John 1-1.Craig,Assistant Secretary of INSURANCE COMPANY OF THE WEST,do hereby cartify that the original POWER OF ATTORNEY,of which the fcrsgoing is a true copy, is still in full force and effect,and that this certificate may be signed by facsimile under the authority of the above quoted rbsoluiion. IN WITNESS WHEREOF,I have subscrioed my name as Assistant Secretary,on this 22nd day of Jtane,: 2000 INSURANCE CO ANY OF E WEST 3 Iy aT 4AVOM/E M s r»IllfOPK\P raig,Assists a retary ICW 37 R 13n�n 91N mW CITY OF HUNTINGTON BEACH TL_ q �-� MEETING DATE: 06/19/00 DEPARTMENT ID NUMBERR: PW 0-031 Council/Agency Meeting Held: Deferred/Continued to: proved ❑ onditiona ly proved ❑ De 'ed {rQ-Ci ryCIer tl ignature Council Meeting Date: 06/19/00 Department ID Number: PV10-051 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION ' SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS , SUBMITTED BY: RAY SILVER, City Administrator -7� 7�1PREPARED BY: 40BERT F. BEARDSLEY, Director of Public Works ' DAVID C. BIGGS, Director of Economic Development SUBJECT: Accept Bid for the 1999-2000 CDBG Sewer Sliplining Project; CC-1130 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue Should the City Council accept the bid for the 1999-2000 CDBG Sewer Sliplining Project; CC-1130 and increase the standard change order allowance to allow for additional construction? Funding Source Funding in the amount of $418,335.00 from a Community Development Block Grant (CDBG) has been approved and set aside for this project. Recommended Action : Motion to: �1a Accept the bid submitted by Sancon Technologies, Inc., 5881 Engineer Drive, Huntington Beach, CA 92649, in the amount of $305,072.50 and authorize the Mir and City Clerk to execute the contract. 2. Authorize the Director of Public Works to expend up to an additional 27% to cover change orders in an effort to maximize the amount of sliplining of deteriorated sewers with available funds. Alternative Action(s): 1. Reject all bids and direct staff to re-advertise or abandon the project. Delays in expenditure of the CDBG funds may result in its forfeiture. 2. Accept the bid submitted by Sancon Technologies, Inc., 5881 Engineer Drive, Huntington Beach, CA 92649, in the amount of $305,072.50, and authorize the Director of Public Works to expend an additional 10% (standard amount) to cover any change orders. Any unused funds will be returned to the CDBG fund. Analysis: On May 1, 2000, the City Council authorized the advertisement for bids, approved the sample contract and authorized the Mayor and City Clerk to execute an agreement in substantially the same form between the City and the successful bidder, for the 1999-2000 CDBG Sewer Project. Bids were received on May 30, 2000. Staff has reviewed the bids, and they are summarized below in ascending order: Biddinq Contractor Bid Amount 1. Sancon Technologies, Inc. $305,072.50 2. Insituform Technologies, Inc. $309,500.00 3. Z.Z. Liner, Inc. $401,880.00 Due to increasing competition and further refinement of the trenchless-lining technology, staff received very favorable bids as compared to past history. Staff is requesting that an additional 27% be reserved to cover change orders instead of the normal 10% limit set by Resolution Number 4896. The higher change order limitation will allow staff to increase the amount of sewer mains to be lined within the budgeted amount. Following is a summary of requested expenditure authorization: Contract Amount $305,072.50 Change Orders (27%) 82,755.50 Incidental Costs (10%) 30,507.00 Total $418,335.00 Funding Amount $418,335.00 NOTES: Incidental costs shall include City staff time including, engineering, construction management, inspection, and prevailing wage consultant. Sancon, Technologies, Inc., has performed work for the City in the past and is currently performing the lining of the downtown sewers with favorable results. Therefore, Staff recommends that the Council accept the bid from Sancon Technologies, Inc. Environmental Status: 1130 RCA Award.doc -- 06/07/00 2:00 PM Environmental Status The 1999-2000 CDBG Sewer Project is categorically exempt. Attachmenffs): City Clerk's Page Number No. Description 1. Location Map RCA Author: T. Broussard:^ x5247 1130 RCA Award.doc -- 06/01/00 9:08 AM ATTACHMENT # 1 �■■M • � n , ■ g �o o��ODDDDOvO 0 ■■ od�0a0000 s 01 ass o o �E �b�� �l��eve O ■ o ME ri • O�ODIDDDDO e: veo�� aaao aveev � 1 e � • z eevo:9�d ■■ da0000veed �0�00� �° �aeesae r e•• ■, a eeeveeoo ' o aooaooeoe e II411_DOIi, 9 o eooe ■■o 0 ooeeovee !�e a0000evoe o . • v o e� =2e o0 0 e 11111111 oe000eo 0 ���0 e00■ o aeoveevede o�L� OY o s o•' �e 0� 0 p I��1111 s s s �' -�1000 �I1000 o s • s e 9 e Oe p o000000o s v e T. CO o o � o eoee0000 d "�a la�111� oo on a a111111111 00 004"110 elllo A . ■��O�ie oe �0 OO Oa �000 vaaoe 010ss ■d111111 SIR oil oe 00 000■000111110 e�llLie� 00 ■ °0°00000og41 long 000�11110■ 000eeevest 0 e1 71•lA a tt ■• '•I• el 7, o oevev0000 ■OL°llp' ��"�o 0o Q�daaaveaee+ �gPoo a in long o000000vao!`�� �p oep e O 00 dO w�ae eo oeee0 0 l�olllllllle as s s aIloilo ooe o00 '_o!vo oe o p p p o vml00000p pp po a-ap eo n■Q ��IIII� p��a p os ss �p•.fo po p OO oO O-yp Oe O o s o o0�io00oo ep pe e•' s ps p j� p o a pa,000eoe os es pD•�o0UM1111° O4�Vdoe s����e 10!llOooOo 00 on �as��o7110IONI7100000010 • cy ao Asp s ppp7o17oe pp pp , < '. oo ao -:�;�00001000007100o e • w sp e� �a 0711171oo71oll0000 0 •. :'001oo0ooe71oola n HE d • w� pp v07C111111 _� °a t o00oCoo7l0� Ina. Iwe000ese o �o�aoeee000000000p o • �dv Y O 00��0 p no gonlo o o 00 v ooeooae q �o ■■ ' �� a 07171071001E0710171000o an ao no polo0Epo4 e 0 Ove ao7;eee00000000e000 aA�e�e ood RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works Department SUBJECT: Accept Bid for the 1999-2000 CDBG Sewer Sliplining Project; CC-1130 COUNCIL MEETING DATE: June 19, 2000 RCA..ATTACHMEN.TS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agree-rrients, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS; REVIEWED .. „RETURNED . `FORWARDED.` Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION`FOR RETURN OF ITEM: SpaceOnly) RCA Author: T. Broussard:JM r s 3 i 017 SECTION A s-i$ &25-cro NOTICE INVITING SEALED BIDS for the 1999/2000 CDBG SEWER PROJECT CASH CONTRACT No. 1130 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on Tuesday, May 30, 2000, Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a$35.00 nonrefundable fee if mailed. This is a Davis-Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648 The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. A-1 No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 1 St day of May 2000. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 CITY OF HUNTINGTON BE# 1 T m4hSsoo) bf-'v MEETING DATE: May 1, 2000 DEPARTMENT ID NUMBER: PW 00-029 Council/Agency Meeting Held: S — OD �Oo, (1 CD Deferred/Continued to: Appro ed ❑ Conditionally proved ❑ Denied City I r Signature Council Meeting Date: May 1, 2000 Department ID mber: PW 00-029 N l� C= CITY OF HUNTINGTON BEACH a REQUEST FOR COUNCIL ACTION _ SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator 0,e-o PREPARED BY: ROBERT F. BEARDS LEY Director of Public Works SUBJECT: Request Permission to Advertise '99/'00 CDBG Sewer Project Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Public Works staff has prepared Contract Documents and Specifications for the sliplining of portions of the sewer within the Oakview and Newland Enhancement Areas and is now ready to advertise for construction bids. Funding Source: Funding for this project is in the amount of $460,000, which has been approved through the Community Development Block Grant program. Recommended Action: Motion to: 1. Approve specifications, authorize the advertisement for bids, approve the attached sample contract and authorize the Mayor and City Clerk to execute an agreement in substantially the same form between the City and the successful bidder. Alternative Action(s): 1. Direct staff to not advertise the '99/'00 CDBG Sewer Project and give an alternative action. RCA 99-OOCDBG cont&specs.doc -2- 04/21/00 2:18 PM REQUEST FOR COUNCIL ACTION MEETING DATE: May 1, 2000 DEPARTMENT ID NUMBER: PW 00-029 Analysis: In January 1999, Public Works staff applied to the Community Development Block Grant program for funding to support the sliplining of portions of the sewer within the Oakview, Newland, Gothard, Washington and Villallorba Enhancement Areas at a cost of $698,000. The sewer lines in these Enhancement Areas were video taped to identify those lines in need of repair. The City was approved to receive $460,000, a portion of the requested amount. Public Works staff has prepared Contract Documents and Specifications for sliplining portions of the sewer within the Oakview and Newland Enhancement Areas and now requests permission to advertise for bids. Public Works Commission Review: The Commission reviewed and recommended approval of the project on April 19, 2000 by a 6-0 vote, with one Commissioner absent. Environmental Status: Not applicable at this time. Attachment(s): City Clerk's Page Number No. Description 1. Contract Documents and Specifications — 1999/2000 CDBG Sewer Project. 2. Location Map RCA Author: T. Broussard:im x5247 RCA 99-OOCDBG Cont&Specs.doc -3- 04/20/00 9:02 AM ATTACHMENT # 1 CONTRACT DOCUMENTS AND SPECIFICATIONS for the 1999/2000 CDBG SEWER PROJECT Within an area bounded by WARNER AVENUE TO THE NORTH,NEWLAND STREET TO THE EAST, TALBERT AVENUE TO THE SOUTH AND GOTHARD STREET TO THE WEST WITHIN THE OAKVIEW AND NEWLAND ENHANCEMENT AREAS CASH CONTRACT No. 1130 in the CITY OF HUNTINGTON BEACH i) J � i 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: Tuesday, May 23, 2000 2:00 PM, 2ND FLOOR City Clerk's Office ROBERT F. BEARDSLEY,DIRECTOR DEPARTMENT OF PUBLIC WORKS G:\ENG\CC 1130\098SPEC.doc CITY OF HUNTINGTON BEACH CONTRACT DOCUMENTS AND SPECIFICATIONS for the 1999/2000 CDBG SEWER PROJECT Within an area bounded by WARNER AVENUE TO THE NORTH, NEWLAND STREET TO THE EAST, TALBERT AVENUE TO THE SOUTH AND GOTHARD STREET TO THE WEST WITHIN THE OAKVIEW AND NEWLAND ENHANCEMENT AREAS CASH CONTRACT No. 1130 -Prepared By: Todd Broussard Under the Supervision of: David A.Webb, R.C.E. No. C047961 Date Approved by: Robert E. Eichblatt, City Engineer, R.C.E. No. 20921 Date ii NOTE: If there are any questions relative to this project,please call Todd Broussard at: CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 . (714)5-36-5247 TABLE OF CONTENTS SECTION A NOTICE INVITING SEALED BIDS.....................................................................................A-1 SECTION B INSTRUCTIONS TO BIDDERS .............................................................................................B-1 1. Proposal Forms ............................................................................................................B-1 2. Proposal Guarantee.......................................:.............:.....:.......:........................:... ...::.B-1 3. Proposal Signature.......................................................................................................B-1 4. Delivery of Proposal ..........................:........................:................................................B-2 5. Return of Proposal Guarantee.......................................................................................B-2 6. Taxes.........................................................................................................:..................B-2 7. Disqualification of Bidders..........................................................................................B-2 8. Contractor's License Requirement................................................................................B-2 9. References....................................................................................................................B-2 10. Listing of Subcontractors...........................................................................................B-3 11. Discrepancies and Misunderstandings................................................. .......................B-3 12. Equivalent Materials..................................................................................................B-3 13. Legal Responsibilities................................................................................................B-3 14. Award of Contract......................................................................................................B-4 15. Material Guaranty...................:..........................................................:.......................B-4 16. Execution of Contract................................................................................................B-4 17. Submission of Bonds and Insurance..........................................................................B-4 18. Addenda.....................................................................................................................B-4 19. Bid Protest...................................:...............................................................................B-5 20 Question to the Engineer........................................:....................................................B-5 III o� SECTION.C PROPOSAL.............................................................................................................................C-1,2 ProjectBid Schedule......................................................................................................C-ls List of Subcontractors.........:.....................................................................:....................:.C-3 Noncollusion Affidavit....................................................................................................C-4 Utility Agreement............. .... ... ...... . Disqualification Questionnaire ...........:...:.............:.......................................::................. -C6 Compensation Insurance Certification.............................................................................C-7 Underground Service Alert- I.D. Number......................................................................C-8 Bidder's Information..................................................................................................C-9-I I SECTION D SAMPLECONTRACT............................................................................................................D-1 SECTION E SPECIALPROVISIONS .....................................................................................E-1 PART 1 GENERAL PROVISIONS SECTION 1 -TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS........................................E-1 1-2 DEFINITIONS SECTION 2 - SCOPE AND CONTROL OF WORK..........................................E-2 2-1 AWARD AND EXECUTION OF CONTRACT 2-4 CONTRACT BONDS 2-5 PLANS AND SPECIFICATIONS 2-10 AUTHORITY OF BOARD AND INSPECTION SECTION 3 - CHANGES IN WORK.................................................................E-4 3-3 EXTRA WORK SECTION 4 - CONTROL OF MATERIALS .....................................................E-4 4-1 MATERIALS AND WORKMANSHIP iv SECTION 5 - UTILITIES . ' -................................... ............... .E 5 5-1 LOCATION 5-4 RELOCATION 5-5 DELAYS SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORKK......................................E-6 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-7 TIME OF COMPLETION 6-9 LIQUIDATED DAMAGES SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR........................E-7 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES 7-2 LABOR 7-3 LIABILITY INSURANCE 7-5 PERMITS 7-8 PROJECT SITE MAINTENANCE 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7-10 PUBLIC CONVENIENCE AND SAFETY SECTION 8 - FACILITIES FOR AGENCY PERSONNEL ............................E-11 8-1 GENERAL SECTION 9 - MEASUREMENT AND PAYMENT........................................E-12 9-3 PAYMENT PART 3 CONSTRUCTION METHODS SECTION 306-UNDERGROUND CONDUIT CONSTRUCTION..............E-13 306-6 REMODELING EXISTING SEWER FACILITIES SECTION 500 - PIPELINE SYSTEM REHABILITATION............................E-13 500-1 PIPELINE REHABILITATION 500-2 MANHOLE REHABILITATION APPENDIX A-PROJECT LOCATION MAP APPENDIX B - MAINTENANCE WORK TRAFFIC CONTROL MANUAL v APPENDIX C - CONTRACTORS BUSINESS LICENSE APPLICATION ,-. APPENDIX D-INFORMATIONAL PHOTOGRAPHS vi SECT I.0N.: A NOTICE INVITING SEALED BIDS for the 1999/2000 CDBG SEWER PROJECT CASH CONTRACT No. 1130 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on Tuesday; May 23, 2000, Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a$35.00 nonrefundable fee if mailed. This is a Davis-Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648 The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. A-1 a No bid shall be considered unless it is'prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class.A at the time,of the bid.opening. The successful Contractor and. his subcontractors will be required:to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity.and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the is' day of May 2000. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 SECTION B INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids. shall be submitted. in writing on`the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the Project Title and Cash Contract.Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing,that it has been executed-by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. Proposal Signature If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested-by the corporate seal, and the names and titles of all officers of the corporation shall be given. B-1 c 4. Delivery of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for 1999/2000 CDBG.SEWER PROJECT CASH CONTRACT No. 1130 CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed alf contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. Taxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable. 7. Disqualification of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance .with the provisions of Public Contract Code Section 10164. 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. B-Z 10. Listing of Subcontractors Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid. 11. Discrepancies and Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it"be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract an shall be included with the proposal. 12. Equivalent Materials The Contractor shall select one of the following seamless, jointless, tight fitting liner systems listed below for the rehabilitation of the existing sewer lines. Trade Name GREENBOOK Section Process Insituform 500-1.4 Type.A* Cured- in-Place Liner (CIPP Liner) InLiner 500-1.4 Type B* Cured- in- Place Liner(CIPP Liner) U-LINER 500-1.7* Deformed/Re-formed HDPE Pipe Liner NuPipe 500-1.10 Type A* Folded and Re- formed PVC Pipe Liner AM-LINER 500-1.10 Type B* Folded and Re- formed PVC Pipe Liner *Shall comply with Standard Specifications for Public Works Construction (GREENBOOK), 1997 edition, including the 1998 supplement, except as modified herein. 13. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. B-3 o° 14. Award of Contract The award of contract, if made, will be to the lowest responsible bidder as-determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. 15. Material Guarantee The successful bidder may be required to fumish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. Execution of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re-advertised. 17. Submission of Bonds and Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. B-4 19. Bid Protest To be considered timely, a bid protest must be filed within the following time limits: (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening. (b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY. 20. Questions to the Engineer Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received by the Engineer up to five working days prior to the bid opening as specified in SECTION A. Questions asked of the Engineer after this time will not be addressed. B-5 _ .. . SECTION ..C . PROPOSAL for the 1999/2000 CDBG SEWER PROJECT Within an area bounded by WARNER AVENUE TO THE NORTH,NEWLAND STREET TO THE EAST, TALBERT AVENUE TO THE SOUTH AND GOTHARD STREET TO THE WEST WITHIN THE OAKVIEW AND NEWLAND ENHANCEMENT AREAS CASH CONTRACT No. 1130 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE : MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, including material delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids 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 o• 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 in the amount of$ 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 Bidder.'s Signature C-2 PROJECT BID SCHEDULE tem; Estimated tem wit unfit price:; .:::Extend e'. No Quantity written�n words ': Unit Price< .. ...:......... 1 1 Mobilization of equipment&materials lump sum @ Dollars $ 3.000 $ 3.000 Cents Per lump sum 2 1 Traffic Control per Specs. lump sum @ Dollars $_2.00Q $ 2.000 Cents Per lump sum 3 1 Demobilization of equipment&materials lump sum @ Dollars $ 1000_0_ $ 000 Cents Per lump sum 4 8015 Line 8"host pipe per Specs. l.f. @ Dollars $ $ Cents Per 11. - 5 585 Line 15"host pipe per Specs. l.f. @ Dollars $ $ Cents Per IS. 6 200 Re-open service lateral per Specs. ea. @ Dollars $ $ Cents Per ea. 7 500 Rehabilitate Manhole per City Specs. v.f. @ Dollars $ $ Cents Per v.f. 8 20 Grind protruding lateral per City requirements ea. @ Dollars $ $ Cents Per Total Amount Bid in Figures: $ Total Amount Bid in Words: C-Is LIST OF SUBCONTRACTORS Y 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 of Subcontractor State license Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work, which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 a NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss County of Orange 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 divulged information or data relative thereto, or paid, and will not pay fee to any corporation,.partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder Address of Bidder Subscribed and sworn to before me this day of , 200_ 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 1999/2000 CDBG SEWER PROJECT; CC-1130, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any. electrical secondary or transmission facilities. The term "Qualified-Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiarwith the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA.requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contractor By z.. Title Date: C-5 o' DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE . Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes , ❑ No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 C OMPENSATIONINSURANCE`CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700_of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor By Title Date: C-7 Q' UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this.form is completed and returned to the.AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at. 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION. BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, State Zip Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by of our office on , 200_. The following are persons, firms, and corporations having a principal interest in this proposal: C-9 o The undersigned is prepared to satisfy the Council,of the City of Huntington Beach of its ability, financially or otherwise, to perform the contraet`for the-proposed proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this_day of , 200_ . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 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 ALL ITEMS BELOW MUST BE COMPLETED The requested information must be returned with the bid or the bid will be considered non- responsive. Bidder's name: Bidder's address: Phone number: Fax number: Pipeline rehabilitation process (trade name) bid: (Choose only one per Section B- "Instructions to Bidders" #12) Copy of letter from the manufacture stating that: 1. The installer listed above is factory licensed and trained. 2. The factory has been inspected by the greenbook committee; including the date, and location of inspection. 3. SDR thickness supplied (minimum thickness SDR 35) 4. Have the ability and will supply the necessary amount of material within .the construction time frame. List of three certified laboratories that can perform the required ASTM testing. The laboratories must be within the Southern California area. Laboratory number 1: Name: Address: Telephone number: Contact person: Laboratory number-2: Name: Address: Telephone number: Contact person: Laboratory number 3: Name: Address: Telephone number: . Contact person: C-t i SECTION D SAMPLE CONTRACT D-1 SAMPLE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE - " PROJECT THIS AGREEMENT is made and entered into on this day of 2000, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and., , a hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works project, hereinafter referred to as "PROJECT," more fully described as the construction of the project in the City of Huntington Beach, California; and The PROJECT to which the construction work covered by this contract pertains is being assisted by the United States of America'and Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low- Income Persons, Section 3 contract clauses, the work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has.been selected and is to perform said work; scl/agree/sewer cdbg/3/16/00 1 SAMPLE NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments finder this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is scl/agree/sewer cdbg/3/16/00 2 SAMPLE executed, and (2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions. of Section 3 and Section 7(b) agree to comply with Section 3-to the maximum extent feasible, but in derogation of compliance with Section 7(b). CONTRACTOR shall furnish, at its own expense, all.labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner scl/agree/sewer cdbg/3/16/00 3 SAMPLE v shown and described in this Agreement, and in accordance with the requirements of CITY under them for the_compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices.named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters intd this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY.. It is agreed that the.Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The 1994 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; scl/agree/sewer cdbg/3/16/00 4 SAMPLE D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION. CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed Dollars ($ ) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT. CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) calendar days from the execution of this Agreement by CITY, excluding delays provided for herein. scl/agree/sewer cdbg/3/16/00 5 SAMPLE 5. TIME OF THE ESSENCE. The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each.and every provision of the contract Documents. CONTRACTOR shall prepare and obtain approval.as required by the contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of .the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work on CONTRACTOR on the premises. 6. CHANGES. CONTRACTOR shall adhere strictly to the plans and specifications set forth in the contract documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree scl/agree/sewer cdbg/3/16/00 6 SAMPLE to such cost-proposal,the work shall be performed according to the changes ordered-in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and prising data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR.and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED. No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, reliefto the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS. CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES. The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or scl/agree/sewer cdbg/3/16/00 7 SAMPLE a items. Upon expiration of such ten- (10) day period, CITY may.then make,appropriate repair or replacement at CONTRACTOR's risk and expense. 10. MINIMUM WAGES. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. scl/agree/sewer cdbg/3/16/00 8 • SAMPLE The wage determination�(including'any additional classification and wage rates conformed' under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the.work in a prominent and accessible place where it con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of.Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the sd/agree/sewer cdbg/3/16/00 9 SAMPLE Q proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee_shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for. determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the Davis-Bacon Act have been met.. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) scl/agree/sewer cdbg/3/16/00 10 • SAMPLE 11. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of Housing and Urban Development ("HUD") the general prevailing rate of per diem wages and the general prevailing_ rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee. 12.. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this contract or any other Federal contract with the same"prime. contractor, o�any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account scl/agree/sewer cdbg/3/16/00 11 SAMPLE of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 13. HEALTH AND SAFETY. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous`to his health standards promulgated by the Secretary of Labor by regulation. The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 14. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 15. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not scl/agree/sewer cdbg/3/16/00 12 SAMPLE individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary.employment.as an apprentice. The allowable ratio of apprentices to journeymen on the job-site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing"construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship[ program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. scl/agree/sewer cdbg/3/16/00 13 SAMPLE Trainees. Except as provided in 29 CFR 5.16, trainees-will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed,on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. scl/agree/sewer cdbg/3/16/00 14 SAMPLE 16. PAYROLLS AND BASIC RECORDS.-— Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a.period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv)°that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the:Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. CONTRACTORs employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved.by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) The CONTRACTOR shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The scl/agree/sewer cdbg/3/16/00 15 SAMPLE a payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. .Optional Form WH-347 is available for.this purpose and may be purchased.frorn the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(1) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and.trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. scl/agree/sewer cdbg/3/16/00 16 SAMPLE The falsification of any of the above certifications may subject the - CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The CONTRACTOR or subcontractor shall make the records required under paragraph A.3(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 17. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. sd/agree/sewer cdbg/3/16/00 17 SAMPLE P 18. LIQUIDATED DAMAGES/DELAYS. It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation;f6t the foreseeable losses CITY would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR,shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. scl/agree/sewer cdbg/3/16/00 18 SAMPLE Should CONTRACTOR be'delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by.CITY, or by damage caused.by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 19. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. 20. INDEPENDENT CONTRACTOR. It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment scl/agree/sewer cdbg/3/16/00 19 SAMPLE compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 21. DIFFERING SITE CONDITIONS. (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigat&the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether.or not.changed as.a result of_such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the.notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 22. VARIATIONS IN ESTIMATED QUANTITIES. The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the fact and circumstances, scl/agree/sewer cdbg/3/16/00 20 SAMPLE order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. . No claim by CONTRACTOR for.an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 23. PROGRESS PAYMENTS. Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%)will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will.be paid to CONTRACTOR.' When CONTRACTOR has; in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. scl/agree/sewer cdbg/3/16/00 21 SAMPLE o' 24. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES.' At the request and expense of CONTRACTOR, who shall retain beneficial ownership and. receive interest,,if any thereon, CITY shall permit the substitution_and deposit . therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. .25. AFFIDAVITS OF SATISFACTION OF CLAIMS. After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain,11rhes, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. .26. 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. 27. INDEMNIFICATION, DEFENSE, HOLD HARMLESS. CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence except where sd/agree/sewer cdbg/3/27/00 22 SAMPLE caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 28. WORKERS' COM PEN SATION'INSURANCE. Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance.for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 29. INSURANCE. In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less scl/agree/sewer cdbg/3/27/00 23 SAMPLE than $1,000,000. Said policy shall name CITY, its officers, and,employees as Additional:. Insureds, and shall specifically provide that any other insurance coverage.which maybe _ applicable to the PROJECT shall be deemed excess coverage and that.CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 30. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS. Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above-detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement.is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. sd/agree/sewer cdbg/3/27/00 24 SAMPLE A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 31. DEFAULT AND TERMINATION. If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement: Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in,such event .CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 32. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS. CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 33. NON-ASSIGNABILITY.. CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. scl/agree/sewer cdbg/3/27/00 25 SAMPLE v 34. 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 Califomia Government Code sections 1090 et seq. . 35. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS. CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop notice filed`in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 36. NOTICES. All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 37. CAPTIONS. Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 38. FEDERAL PARTICIPATION. The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions scl/agree/sewer cdbg/3/16/00 26 SAMPLE embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated.by the Federal Government.and applicable to the work will apply; and CONTRACTOR agrees to comply therewith: 39. DAVIS-BACON ACT. CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 USC section 176a, of seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 40. DISPUTES CONCERNING-LABOR STANDARDS. Disputes arising out of the labor standards provisions of this contract: Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 41. CERTIFICATION OF ELIGIBILITY. By entering into this contract, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR scl/agree/sewer cdbg/3/16/00 27 SAMPLE v 5.12(a)(1) or to be awarded HUD contracts or.participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title-18, U.S.C. "Federal , Housing Administration transactions", provides in part "Whoever, for the purpose of...influencing in any way the action of such Administration...makes, utters or publishes any statement, knowing the same to be false...shall be fined not more than $5,000 or imprisoned not more than two years, or both." 42. DISCRIMINATION, MINORITIES, ALIENS. CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to Yscriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job.opportunities occur and utilize local business firms when possible. 43. EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR.will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. scl/agree/sewer cdbg/3/16/00 28 SAMPLE Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action'to comply and advance in employment (1).qualified Vietnam,veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the City with its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 44.' COPELAND "ANTI-KICKBACK" ACT. CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction; completion, or repair of.public work, to give up any part of the compensation to which he is otherwise entitled. 45. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, scl/agree/sewer cdbg/3/16/00 29 SAMPLE or dangerous to.his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. As used in this section, the terms "laborers" and "mechanics" include watchmen and guards. 46. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the.date of contract award, on the United States Environmental protectionAgency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) _ The CONTRACTOR agrees to comply with all of the requirements of . Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. (c) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. scl/agree/sewer cdbg/3/16/00 30 • SAMPLE 47. ENERGY CONSERVATION. Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC.Section 6201, et seq.). 48. HOUSING AND URBAN DEVELOPMENT. CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 49.-- SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontracts the-clauses contained in 29 CFR 5.5(a)(1) through (10) and.such other clauses.as HUD or.its designee may by appropriate.instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.-The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 50. CONTRACT TERMINATION; DEBARMENT. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 51. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is scl/agree/sewer cdbg/3/16/00 31 SAMPLE about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 52. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT- OVERTIME REQUIREMENTS. No CONTRACTOR or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic rate of pay for all hours worked in excess of eight.hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. 53. VIOLATION: LIABILITY FOR UNPAID WAGES: LIQUIDATED DAMAGES. In the event of any violation of the clause set forth in subparagraph (.1)..of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall bediable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. scl/agree/sewer cdbg/3/16/00 32 SAMPLE 54. LEGAL SERVICES SUBCONTRACTING PROHIBITED. CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services,,and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 55. ATTORNEY FEES. In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney fees. 56. ENTIRETY. The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have,caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name Mayor ITS: (circle one) Chairman/President/Vice President ATTEST: By: City Clerk print name APPROVED AS TO FORM: ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer City Attorney - 6D REVIEWED AND APPROVED: INITrATED AND APPROVED: City Administrator Director of Public Works scl/agree/sewer cdbg/3/16/00 33 SAMPLE - SAMPLE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE . DOWNTOWN SEWER SLIP PROJECT TABLE OF CONTENTS Page No. 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 2 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 4 3. COMPENSATION 5 4. COMMENCEMENT OF PROJECT 6 5. TIME OF THE ESSENCE 6 6. CHANGES 7 7. NOTICE TO PROCEED 7 8. BONDS 8 9. WARRANTIES 8 10. MINIMUM WAGE 8 11. PREVAILING WAGE LAW 11 12. WITHHOLDING 12 13. HEALTH AND SAFETY 12 14. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 13 15. APPRENTICES AND TRAINEES 13 16. PAYROLLS & BASIC RECORD 15 17. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATIONS 18 18. LIQUIDATED DAMAGES/DELAYS. , 18 19. SUBCONTRACTS Z., 20 20. INDEPENDENT CONTRACTOR% 20 21. DIFFERING SITE CONDITIONS 20 22. VARIATIONS IN ESTIMATED QUANTITIES 21 23. PROGRESS PAYMENTS 21 24. WITHHELD- CONTRACT FUNDS 22 25. AFFIDAVITS OF SATISFACTION OF CLAIMS 22 26. WAIVER OF CLAIMS 23 27. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 23 28. WORKERS COMPENSATION INSURANCE 23 29. INSURANCE 24 30. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 25 31. DEFAULT & TERMINATION 26 32. DISPOSITION OF PLANS, ESTIMATES AND OTHER 26 33. NON-ASSIGNABILITY 26 34. CITY EMPLOYEES AND OFFICIALS 27 35. STOP NOTICES 27 36. NOTICES 27 37. CAPTIONS 27 38. FEDERAL PARTICIPATION 28 39. DAVIS-BACON ACT 28 40. DISPUTES CONCERNING LABOR STANDARDS 28 41. CERTIFICATION OF ELIGIBILITY 28 42. DISCRIMINATION, MINORITIES, ALIENS 29 43. EQUAL EMPLOYMENT OPPORTUNITY 29 44. COPELAND ACT 30 45. CONTRACT WORK HOURS 30 46. CLEAN AIR ACT 31 47. ENERGY CONSERVATION 32 48. HOUSING AND URBAN DEVELOPMENT 32 49. SUBCONTRACTS 32 50. CONTRACT TERMINATION; DEBARMENT 33 51. COMPLAINTS PROCEEDINGS OR TESTIMONY 33 52. CONTRACT WORK HOURS AND SAFETY STANDARDS 33 53. VIOLATION; LIABILITY FOR UNPAID WAGES 33 54. LEGAL SERVICES SUBCONTRACTING PROHIBITED 34 55. ATTORNEY FEES 34 56. ENTIRETY 35 SAMPLE ..SECT_ION -"E SPECIAL PROVISIONS All the Work to be done under this contract shall be in accordance with these Special Provisions and the "GREENBOOK" Standard Specifications for Public Works Construction, 1997 edition, including the 1998 supplement, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of Associated General Contractors of California. . Copies of the Standard Specifications are available from the publisher: BNi Building News 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications set forth above, referred hereinafter as Standard Specifications, will control the general provisions, construction materials, and construction methods for this contract except as amended by the Special Provisions, or other contract documents. The section numbers of these Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment, elaboration,.or specifying options, are called out. PART 1 GENERAL PROVISIONS SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS 1-2 DEFINITIONS [Add or redefine the following:]. AGENCY- The City of Huntington Beach. Board - The City Council of the City of Huntington Beach. Caltrans - The State of California Department of Transportation. County -The County of Orange. District—The Orange County Sanitation District Engineer - The City Engineer of the City of Huntington Beach or his authorized representative. E-1 6' -;SECTION 2 , Fi SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT [Replace with the following:]. Within 10 working days after the date the AGENCY's award of contract, the Contractor,shall execute and return all contract documents required by.the AGENCY. .The AGENCY reserves the right to terminate the award if the above requirement is not met. Such termination will result in the forfeiture of the Proposal Guarantee. The Contract Agreement shall not be considered binding upon the AGENCY until executed by the authorized AGENCY officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the AGENCY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so. 2-4 CONTRACT BONDS [Add the following:]. The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until 35 days after the date of recordation of the Notice of Completion. In conformance with the State of California Government Code, Chapter 13, Section 4590, the Contractor may substitute securities for any monies withheld by the City to endurance under the contract. At the request and expense of the Contractor, securities equivalent to the.amount withheld shall be deposited with the AGENCY, or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor upon notification by AGENCY of Contractor's satisfactory completion of the contract. The type of securities deposited and the method of release shall be approved by the AGENCY. 2-5 PLANS AND SPECIFICATIONS 2-5.1 General - [Add the following:]. Onlv written authorization from the AGENCY shall be binding over any deviation or change in the Plans and Specifications. Please refer to SECTION 3 - CHANGES IN WORK for further explanation. The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show E-2 the as-built conditions. Upon completion of all Work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met. Reference in the Special Provisions to "State Standard Specifications" shall mean the Standard Specifications, latest edition, of the State of California, Department of Transportation. Copies of these specifications may be obtained from: State of California-Department of General Services Publications Distribution Unit P.O. Box 1015 North Highlands, California 95660 Reference in the Special Provisions to Standard Plans shall mean the Standard Plans of the City of Huntington Beach, and where applicable, the following: Standard Plans for Public Works Construction, published by the American Public Works Association, latest edition. Standard .Plans, published by the Orange County Public Facilities. and Resources Department. (Formerly known as the Orange County Environmental Management Agency) Standard Plans, published by the State Department of Transportation, latest edition. 2-10 AUTHORITY OF BOARD AND INSPECTION [Add the following]. The Contractor and all subcontractors shall give at least 48 hours advance notice when they will start or resume the work. The above notices are to be given during working hours, exclusive of Saturday, Sunday or AGENCY holidays for the purpose of permitting the Engineer to make necessary assignments of his representatives. If the Contractor elects to work under this contract more than 8 hr./day or more than 40 hr./week, Saturday, Sunday, or AGENCY holidays, he shall arrange with the .Engineer for the required inspection service and pay the Special Inspection Fees which will be charged at the following rates: 4 hr. or less/day - $225.00 4 hr. to 8 hr./day - $450.00 When Special Inspection is required, the Contractor shall notify the AGENCY and pay inspection fees.24 hours in advance. If the Contractor is directed by the AGENCY to work under this contract more than 8 hr./day or more than 40 hr./week, the Special Inspection fee requirements will be waived. E-3 SECTION 3 CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment. 3-3.23 Markup. [Delete Subsection in total and replace with the following:]. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ....................................................20 2) Materials ............................................... 15 3) Equipment Rental ................................ 15 4) Other Items and Expenditures............... 15 To the sum of the costs and markups provided for in the subsection, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first$5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of$5,000 of the subcontracted portion o the extra work may be added by the Contractor. SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.1 General [Add the following:]. The Contractor and all subcontractors, suppliers, and vendors, shall guarantee that the entire Work will meet all requirements of this contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the AGENCY, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one year after the date of recordation of the Notice of Completion. Within this one-year period, the Contractor shall also restore to full compliance with requirements of this contract any portion of the Work, which is found to not meet those requirements. The Contractor shall hold the AGENCY harmless from claims of any kind arising from damages due to said defects or noncompliance. Security of this guarantee shall be in the form of a Maintenance Bond furnished to the AGENCY by the Contractor. There shall be specific wording in the Maintenance Bond that includes the E-4 guarantee or warranty of the labor and materials for a one-year period, commencing from the recording date of the Notice of Completion by the*County Recorder. The guaranteed amount shall be for 100 percent of the total amount earned to date as indicated. on the final progress payment. The AGENCY reserves the right to withhold the retention until the Maintenance Bond has been accepted by the AGENCY. The Contractor shall make all repairs, replacements, and restorations covered by the Maintenance Bond within 10 working days.after the date of the Engineer's written notice. Failure to comply with such notice, will cause the AGENCY to file claim against the bond. Excepted from the Maintenance Bond will be defects caused by acts of God, acts of the AGENCY, acts of vandals, or by acts of others outside or beyond the control of the Contractor. 4-1.4 Test of Materials [Replace the third sentence of the first paragraph with the following:]. Unless otherwise provided, all testing shall be performed under the direction of the Engineer and the AGENCY will bear the cost of initial testing of material and workmanship, which are required by the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor. 4-1.6 Trade Names or Equals [Replace the last two sentences of the first paragraph with the following:]. Approval of equipment and materials offered as equivalents to those specified must be obtained as set forth in the Instructions to Bidders. SECTION 5 UTILITIES 5-1 LOCATION [Replace the first sentence of the last paragraph with the following:]. The location and existence of any underground utility or substructure was obtained from a search of available records. No guarantee is made or implied that the information is complete or accurate. It shall be the Contractor's responsibility alone to determine the location of underground utilities . or substructures of every nature and to protect them from damage. The Contractor shall pothole all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by the Work. E-5 p. 5-4 —RELOCATION [Replace the second'sentence of the last paragraph with the following:]. When not otherwise required by the plans and specifications and when directed by the Engineer, the Contractor shall arrange for the relocation of service connections, as necessary, between the meter and property line, or between the meter and limits of construction. 5-5 . DELAYS [Add the following paragraph:]. All notification to utility companies insofar as the relocation or removal of a utility shall be made by the Engineer based on Contractor's request as submitted to the Engineer at least 48 hours in advance of the needed work. Any costs for delay of the Contractor of utility companies in this regard shall be assigned to the Contractor, if these costs are a result of the Contractor's request being untimely in any respect excepting thereof any delay cost incurred as a result of the utility company not responding at their agreed time. SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK [Replace the first sentence of the first paragraph with the following:]. The Contractor's proposed construction schedule shall be submitted to the Engineer- within 10 working days after the date of the AGENCY'S execution of the Contract Agreement. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures. The Contractor shall submit progress reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-7 TIME OF COMPLETION 6-7.1 General [Add the following:]. The time within which the Contractor must complete the Work is fixed at 60 working days, including material delivery, starting from and after the date in the Notice to Proceed with the Work, exclusive of maintenance periods. E-6 6-7.2 Working Day [Add the following:]. The Contractor's activities shall be confined to the hours between 7:00 A.M. to 4:00 P.M., Monday through Friday, excluding holidays. If the installation and preliminary cuts cannot be completed in the specified normal working hours then lining between only one manhole to manhole reach per day will be allowed. No double runs. All live laterals must be opened with a preliminary cut to relieve_ the flow the same day as the installation. The preliminary cuts shall be a minimum of a 3- inch smooth round cut. Final lateral cuts will be completed during normal working hours on the next working day. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor. 6-9 LIQUIDATED DAMAGES [Amend the liquidated damage amount to read:]. $400 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES [Add the following:]. A noise level limit of 95 dbl. at a distance of 50' shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. 7-2 LABOR 7-2.2 Laws [Add the following:]. The Contractor, and all subcontractors, suppliers and vendors, shall comply with all AGENCY, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. E-7 C' 7-3 LIABILITY INSURANCE [Add the following:]. The insurance company issuing the Certificates of Insurance is required to be duly licensed to transact business in the State of California. 7-5 PERMITS [Delete Subsection in total and substitute with the following:]. Prior to the start of any work, the Contractor shall take out the applicable AGENCY permits and make arrangements for AGENCY inspections. The AGENCY will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each obtain an AGENCY business license, and shall be licensed in accordance with State Business and Professions Code. The Contractor, at no additional cost to the AGENCY, shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity. 7-8 PROJECT SITE MAINTENANCE 7-8.5 Temporary Light, Power, and Water [Add the following paragraph:]. Construction water meters are required on all projects within the AGENCY. The AGENCY's Water Division will furnish and set the meter with eddy valve. The deposit for the meter is $755.00 of which $700.00 is refunded at the conclusion of the project, if the meter is returned in the same condition that it was delivered in, there is a$55.00 service charge to set the meter. For each time the meter is moved to a new location there is an additional $25.00 service charge. Payment(s) must be in cash, cashier's check or money order. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS [Delete the second paragraph and substitute with the following:]. The Contractor shall relocate, repair, replace or reestablish all existing improvements within the project limits which are not designated for removal (e.g., curbs, gutters, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements, and structures.) which are damaged or removed as a result of his operations. Where existing traffic striping, pavement markings and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements. Relocations, repairs, replacements or reestablishments shall be equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. [Delete the last paragraph and substitute the following:]. E-8 All cost to the Contractor for protecting, removing, restoring, repairing, replacing, or. reestablishing existing improvements shall be included in the bid-in other items of work'unless otherwise specified. The Contractor shall distribute a written "Notice of Proposed Sewer Work" to each individual dwelling unit two working days prior to being affected by the work. The Notice must include a statement indicating their water service will be turned off during the lining process for a period not to-exceed eight (8) hours. The Contractor shall submit the Notice to the AGENCY for approval at least five working days prior to distribution. The Contractor is required to call the AGENCY's Waste Water Division at (714) 375-5054, 48 hours in advance of any lining process so arrangements can be made between divisions for the water main's shut down. Failure to comply with such notice will prevent the AGENCY from shutting down the water and the Contractor shall take full responsibility for the installation of the liner per the project specifications. No time extensions will be granted for failing to comply with this procedure. Payment for the notice shall be considered to be included in the price bid for other items of work and no other compensation will be allowed therefor. Any deviation from this notification procedure must be approved by the Engineer. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access [Add the following:]. All traffic control shall be in accordance with the latest edition of the following documentation: Caltrans - Manual of Traffic .Control Devices for Construction and Maintenance Work Zones, Traffic Manual, Sign Specifications, Standard Plans, Standard Specifications and the AGENCY's Maintenance Work Traffic Control Manual. The Contractor shall provide, to the Engineer, a telephone number at which the Contractor's representatives can be reached, at any hour, should an emergency occur requiring replacement or relocation of the required traffic control devices. Prior to the start of construction, the Contractor shall inform the AGENCY's Police and Fire departments of the project location, approximate starting date, completion date, and the name and telephone number of contractor representatives who may be contacted at any hour in the event of an emergency. POLICE DEPARTMENT: Watch Commander @ (714) 960-8809 FIRE DEPARTMENT: Battalion Chief/Development @ (714) 536-5411 Information signs shall be required on all arterial streets one week prior to beginning of roadway construction projects. The Contractor shall adhere to applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices. E-9 Contractor shall require that an approved safety vest be worn by all personnel who are working at this project site. Any worker without a vest may be ordered off the job by the Inspector until such apparel is acquired. Questions as to approved vests shall be directed to the Engineer. Prior to the beginning of work, the Contractor shall execute construction traffic control per the..._. AGENCY's Maintenance Work Traffic Control Manual. and per current AGENCY guidelines to safely prosecute.the construction work involved with a minimum of inconvenience:to the motoring public. If the traffic cones or portable delineators are damaged, displaced or are not in an upright position, for any reason, the contractor shall immediately replace or restore to their original location, in an upright position, the cones or portable delineators. The Contractor shall provide and maintain all signs, barricades, flashers, delineators and other necessary facilities for the protection of the motoring public within the limits of the construction area. He shall also post proper signs to notify the public regarding detours and conditions of the roadway, all in accordance with the provisions of the Vehicle Code, the current State of California Department of Transportation "Manual of Traffic Controls for Construction and Maintenance Work Zones", and the State of California Department of Transportation Standard Plans and the current City of Huntington Beach Maintenance Work Traffic Control Manual. The Contractor shall furnish such flagmen and equipment as are necessary to give adequate warning to traffic or to the public of any dangerous conditions in accordance with the current Department of Transportation "Instructions to Flagmen". All existing traffic signs and street signs shall be maintained in visible locations during construction. Signs designated for removal shall be salvaged and delivered to the AGENCY Yard or disposed of as directed by the AGENCY. Payment for all traffic control services shall be considered to be included in the stipulated contract unit price of$2,000 for traffic control and no other compensation will be allowed therefor. Warning Signs Adequate warning signs for motorists shall be placed and maintained throughout all applicable phases of the work including speed limit reduction, loose gravel, fresh oil, and.open trench. Signs shall be 36" X 36" in size; shall be on site ready for placement prior to start of the applicable phase of work and shall be placed in advance on all streets approaching the work zone. 7-10.3 Street Closures, Detours, Barricades [Add the following:]. Street closures will not be allowed except as specifically permitted by the Engineer. . E-10 7-10.5 Protection of the Public s [Delete Subsection in total and substitute with the following:]. It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property,which would result. from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation, the Engineer may provide suitable protection to said_interests by causing such work to be done and material to bl 4urnished as may be necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the AGENCY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the AGENCY does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety. SECTION 8 FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL [Add the following:]. No field offices for AGENCY personnel will be required, however, the AGENCY personnel shall have the right to enter upon the project at all times and shall be admitted to the offices of the Contractor, at any time during the operation of the Work. E-11 SECTION 9 MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General [Delete the last paragraph and substitute with the following:]. . At the expiration of 35 days from the filing and recording of the Notice of Completion of the Work, the amount deducted from the final estimate and retained by the AGENCY will be paid to the Contractor except such amounts as required to be withheld by properly executed and filed to stop payment, or as may be authorized by the contract. 9-3.2 Partial & Final Payment [Amend the first sentence of the first paragraph to read:]. The closure date for the purpose of making partial progress payments will be the last day of each month. The Contractor may request, in writing, that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the AGENCY's payment procedure. Each month, the Contractor shall meet with the Engineer, a minimum of three working days prior to the submittal of the progress payment to the AGENCY, to finalize and receive approval regarding the measurement of the Work performed through the closure date and the estimated value of the progress payment based on the contract Unit Prices or as provided for in Section 9-2. Any progress payment submitted without such approval will be considered incomplete and returned to the Contractor and no payment shall be considered until such approval is obtained. [Add the following to the end of the section:]. Payments will be withheld pending receipt of any outstanding reports required by the contract documents. In addition, the final progress payment will not be released until the Contractor returns the control set of specifications and plans indicating the as-built conditions. At the request and expense of the Contractor, who shall retain beneficial ownership and receive interest, if any thereon, the AGENCY shall permit the. substitution and deposit therewith of securities equivalent to the amount of any monies withheld by the AGENCY. E-12 PART 3 CONSTRUCTION METHODS SECTION 306 UNDERGROUND CONDUIT CONSTRUCTION 306-6 Remodeling Existing Sewer Facilities [Add the following:]. All work to be performed inside a live manhole shall be done in accordance with Cal-OSHA "confined spaces" regulations. SECTION 500 PIPELINE SYSTEM REHABILITATION 500-1 PIPELINE REHABILITATION. 500-1.1 Requirements. 500-1.1.1 General. [Add the following:]. The Contractor shall field verify the pipe diameter at the manholes and lengths prior to ordering liner materials. The Contractor shall notify the Engineer of any discrepancies between information obtained in the field and project specifications. Installation of the sewer lining shall be performed by a Contractor licensed by the manufacture/ owner of the process. Bidders are required to submit copies of such licenses with their bids. A bidder's failure to do so shall render their bid non-responsive. Minimum pipe liner wall thickness: The liner's wall thickness shall be calculated per ASTM F 1216-93, Appendix X1, "Fully Deteriorated Gravity Pipe Condition". The physical properties listed below shall be used for the ASTM F 1216-93 calculations. The Contractor shall submit with the bid one clear, accurate and legible copy of the calculations, signed by a registered Civil Engineer in the State of California. The minimum liner wall thickness allowable shall be 0.225 inches for 8 inch and 0.420 inches for 15 inch. If the calculations are not include with the bid proposal, the bid shall be considered non- responsive. Mean Diameter(D)= 8" and 15" Depth of pipe (H) =Assume 10' for 8" pipe and 15' for 15" pipe. Height of water above top of pipe (HH,)=Assume T for 8" and 10' for 15" pipe. H2O highway loads Soil Modulus (E'g) = 1000 psi E-13 o. Soil Density= 120 pcf Enhancement factor(K)= 7 Ovality= (q) 2% Factor of safety (N) =2 Flexural strength (v;) in accordance with ASTM D790. Provided by the proposed liner manufacturer. Instantaneous Flexural Modulus (E i) in accordance with ASTM D 790. Provided by the proposed liner manufacturer. Long term Flexural Modulus (E L) in accordance with ASTM D 2990. Provided by the proposed liner manufacturer. All other variables are per accepted industry standards or per the proposed liner manufacturer recommendation, which ever is greater. To determine the thickness (t) of the proposed liner the following rearranged equation shall be used: (as determined by ASTM F 1216) 1/3 t = 0.721D �N9tC)2 E L RwB'E's i If the pipe liner process requires a thicker DR for the site, or existing pipeline condition designed with a 2 to 1 safety factor the.Contractor shall provide the thicker pipe required. Cured- in- Place Liner (CIPP) designs shall use a minimum of 15% extra thickness to . compensate for resin migration/seal factor to fill joints, cracked or deteriorated pipelines. 500-1.1.4 Cleaning and Preliminary Inspection. [Delete the second paragraph and replace with the following:]. The Contractor shall use High- Velocity Hydraulic (Hydro- Cleaning) Equipment (per (b)) to clean the pipelines. The Contractor shall assume that the pipes require normal cleaning (two to three passes). [Delete the fifth paragraph and replace with the following:]. The Contractor shall use a vacuum truck or approved equal to pick- up all debris before it can continue down stream. The Contractor shall dispose of all debris removed from the pipeline, in accordance with current applicable regulations. Any hazardous waste material encountered during the project shall be considered as a changed condition. Refer to,3-4. It is the responsibility of the Contractor to take adequate measures to insure that no debris is allowed to enter the District's trunk sewer. If at any time debris does enter the trunk sewer, the Contractor shall clean the trunk sewer to a point downstream as determined by and to the satisfaction of the District. All costs of.debris removal and cleaning of the District trunk sewer shall be borne by the Contractor and no additional compensation will be allowed therefor. 500-1.1.5 Television Inspection. [Delete the third paragraph and replace with the following:]. E-14 CCTV inspection shall be performed utilizing a rotating-lens video camera system. The pre- lining video inspection and recording performed with this camera shall stop at each lateral and the head rotated to look up the lateral to identify if the lateral is active, plugged or has roots that could interfere with the complete reinstatement. If the CIPP section 500 L4 option is installed,then the following shall apply. The post- lining inspection shall include looking up all laterals that had roots identified in them on the pre-lining video to verify that the resin has not run up the lateral and combined with the roots to plug the lateral. The pre- lining and post- lining video will be performed while the upstream lines are plugged or bypassed. The line shall be dry except for flow from the laterals in the section of the line being televised. 500-1.1.7 Miscellaneous. [Add the following:]. (a) Service Connections All protruding laterals that are encountered during the pre- lining videotape shall be ground as close to flush with the host pipe's interior as practicable prior to insertion of the liner. Payment for grinding protruding laterals shall be considered to be included in the contract unit price for each lateral ground and no other compensation will be allowed therefor. [Add the following:]. All costs for required point repairs or excavations made for the service connections, which are found plugged by the rehabilitation process, shall be paid for by the Contractor. To prevent maintenance problems such as roots, infiltration, exfiltration, or loss of backfill material into the newly lined pipe, all plugged service connections identified in the pre- lining videotape shall not be opened unless specifically directed by the engineer. [Add to the end of the second paragraph] The lateral opening cuts shall conform to the shape and size of the inside diameter of the existing service connection. [Add the following:]. Payment for re-establishing service connections shall be considered to be included in the contract unit price for each lateral opened and no other compensation will be allowed therefor. E-15 500-1.4 Cured in-Place (CIPP Liner). 500-1.4.2 Material Composition and Testing. [Add the following:]. The side of the liner exposed to the sewer flow after inversion is completed shall have a layer of polyurethane bonded to it, with a minimum thickness of 0.01- inch and shall be pinhole free. All seams and patches in the polyurethane coating shall be inspected-under-'a black light. The tube shall be put under a vacuum at the factory and submerged in a die bath to verify.that it is pinhole free. The factory test results for each length of felt tube to be installed shall be submitted to the Engineer before installation. The felt tube shall be continuous and of sufficient length to extend the entire reach (from entry to end or exit point)to be rehabilitated. No joints or laps will be permitted between manholes The factory test results for each batch of resin shall be submitted to the Engineer before installation. One 8 inch long restrained and cured sample shall be taken from the down stream manhole and checked by the AGENCY'S inspector using ASTM D 2122- 90 to verify the minimum wall thickness. [Delete the second paragraph and replace with the following:]. Testing of the installed CIPP liner is required for this project. The physical properties of the installed CIPP liner shall be verified through field sampling and laboratory testing as approved by the Engineer. An 8 inch long sample shall be cut from each section of the pipe liner that has been inserted through a same diameter pipe mold, at the upstream downstream and any intermediate manholes in accordance with ASTM F 1216 sections 8.1.1 and 8.1.2. One sample shall be taken for each installation of pipe liner. The samples shall be tagged with information including, but not limited to, the location of sample(s), date, pipe diameter and written verification by the AGENCY's inspector. The sample shall be submitted to a certified laboratory which has been pre- approved by the Engineer and tested in accordance with ASTM D 638 and ASTM 790 to confirm that the pipe liner conforms to the minimum requirements of Table 500- 1.4.2 (A). Test results are due within 30 calendar days from the date the samples were taken. The Contractor shall be responsible for repairing non- complaint pipe liner in accordance with section 500-1.4.8. Payment for testing shall be considered to be included in the price bid for other items of work and no other compensation will be allowed therefor. The Contractor shall submit to the Engineer with the Bid, three certified laboratories that can perform the required ASTM testing for this project. The laboratories shall be within the Los Angeles or Orange County area. The Contractor will be responsible for delivery of the sample(s) to the laboratory within 48 hours after the sample has been obtained. E-16 500-1.4.4 Chemical Resistance [Add the following:]. As an alternative, chemical resistance testing for CIPP liner system may be in accordance with ASTM D5813. [Delete the second sentence and replace with the following:]. Proof of meeting these requirements shall be provided with the bid. A bidder's failure:to do so shall render their bid non-responsive. 500-1.4.5 Installation [Add the following:]. The quantity of resin used for tube impregnation shall be sufficient to fill the volume of air voids in the tube with additional allowances for polymerization shrinkage, stretching during installation and loss of rein through cracks and irregularities in'the host pipe. The Contractor shall use either an end- stop or hold- back mechanism to prevent the felt tube from extending into conduits,which are not to be rehabilitated. 500-1.4.6 Curing [Add t4A following:]. The heat source shall be fitted with monitors to gauge the temperature of the incoming and outgoing water supply. Another such gauge shall be placed between the impregnated liner and the existing pipe invert at the remote maintenance hole to determine the temperature during cure. The time required to cure is a function of the pipeline section diameter and length and shall be determined by the Contractor in accordance with the lining manufacture's instructions. The Contractor shall be responsible for determining when curing has been accomplished to meet the specified properties. Care shall be taken during the elevated curing temperatures so as not to over stress the fiber felt liner. The cured liner shall have a smooth finish inside. Any roughness that may affect the hydraulic conditions shall be removed by sanding or trimming the "fins" or folds. The Contractor may either apply a sealant compatible with the material to areas where sanding has taken place or reline from manhole to manhole as approved by the AGENCY. 500-1.4.9 Handling. [Add the following:]. The Contractor shall designate a location where the uncured resin in the original containers and the unimpregnated felt tube liner shall be vacuum impregnated prior to installation. The Contractor shall allow the engineer to inspect all materials and procedures. The Contractor shall pay all inspection costs required for this wet out process and shall include this cost in the bid price. E-17 o- 500-1.4.10 End Cuts. [Add the following:]. After installation the liner shall be cut off in the manhole. The cut shall be smooth and parallel with the manhole wall. The finished liner shall not protrude into the manhole over two inches. If the manhole has been lined through, the.top half of liner pipe may be cut off even with'the to of the shelf leaving the channel lined and shall not extend above the shelf. 500-1.5 Polyvinyl Chloride (PVC) Pipe Lining System. [Delete the entire subsection:]. 500-1.7 Deformed /Re- formed HDPE Pipe Liner. 500-1.7.5 Chemical Resistance and Physical Testing. [Modify the last sentence of the paragraph as follows:]. Proof of meeting these requirements shall be submitted with the Contractor's bid. 500-1.7.6 Installation and Field Inspection. [Replace;"the entire paragraph of#7 with the following:]. Testing of the installed HDPE liner is required for this project. The physical properties of the installed HDPE liner shall be verified through field sampling and laboratory testing as approved. by the Engineer. An 8-inch long sample shall be cut from each section of the pipe liner that has been inserted through a same diameter pipe mold at the upstream, downstream and any intermediate manholes. One sample shall be taken for each installation of pipe liner. The samples shall be tagged with information including, but not limited to, the location of sample(s), date, pipe diameter and written verification by the AGENCY's inspector. The sample shall be submitted to a certified laboratory which has been pre- approved by the Engineer and tested in accordance with ASTM D 638 and ASTM 790 to confirm that the pipe liner conforms to the minimum requirements of section 500-1.7.2. Test results are due within 30 calendar days from the date the samples were taken. The Contractor shall be responsible for repairing non- complaint pipe liner in accordance.with section 500-1.7.9. If either end of the liner appears to have shrunk back into the pipe at the manhole during the warranty period, the AGENCY will require the liner to be re-televised by the Contractor within 48 hours after been notified by the AGENCY. Any service connection that has become offset or separated from the liner due to shrinkage as determined by the Engineer shall be repaired at the Contractor's expense by using either a heat fused or mechanical saddle as approved by the Engineer. During the warranty period the AGENCY will inspect the line for this situation. In the case of refusal or failure to response the Contractors bond, shall be forfeited to the AGENCY Payment for testing shall be considered to be included in the price bid for other items of work and no other compensation will be allowed therefor. E-18 The contractor shall submit to the'Engineer with the Bid, three"certified laboratorieIs that can perform the required ASTM testing for this project. The laboratories"shall be within the Los " Angeles or Orange County area. The Contractor will be responsible for delivery of the sample(s) to the laboratory within 48 hours after the sample has been obtained. Before installation, the pipe coils shall be checked by the AGENCY'S inspector using ASTM D 2122- 90.to verify the minimum wall thickness specified in the requirements of Section 500- 1.1.1. 560-1.7.7 End Seals. [Add the following:]. After installation the liner shall be cut off in the manhole. The cut shall be smooth and parallel with the manhole wall. The finished liner shall not protrude into the manhole over two inches. The use of any type of restraining devices to restrict shrinkage or to stabilize the liner will not be allowed. If the manhole has been lined through, the top half of liner pipe may be cut off even with the top of the shelf leaving the channel lined and shall not extend above the shelf. 500-1.8 Centrifugally;C,ast Fiberglass Reinforced Plastic Mortar(CCFRPM) Liner Pipe. ` [Delete the entire subsection:]. 500-1.9 External In-Place Wrap. [Delete the entire subsection:]. 500-1.10 Folded and Re- formed PVC Pipe Liner. 500-1.10.2 Type A Folded and Re- formed PVC Liner. [Add the following to(c) Material and Equipment Acceptance:]. The factory test results for each coil of pipe shall be submitted to the AGENCY before installation. [Replace the first sentence of (f) Installation and Field Inspection #7 with the following:]. Testing of the installed PVC liner.is required for this project. The physical properties of the installed PVC liner shall be verified through field sampling and laboratory testing as approved by the Engineer. The Contractor shall submit to the Engineer with the Bid, three certified laboratories that can perform the required ASTM testing for this project. The laboratories shall be within the Los Angeles or Orange County area. The Contractor will be responsible for delivery of the sample(s) to the laboratory within 48 hours after the sample has been obtained. [Add the following:]. The samples shall be tagged with information including, but not limited to, the location of sample(s), date, pipe diameter and written verification by the AGENCY's inspector. Test results E-19 are due within 30 calendar days from the date the samples were taken. The Contractor shall be. responsible for repairing non- complaint pipe liner in accordance with section 500-1.10.6. Before installation, the pipe coils shall be checked by the AGENCY's inspector using ASTM D 2122- 90 to verify the minimum wall thickness specified in the requirements of Section 500- 500-1.10.3 Type B Folded and Re-formed PVC Liner. [Add the following to(c)Material and Equipment Acceptance:]. The factory test results for each coil of pipe shall be submitted to the AGENCY before installation. [Replace the first sentence of (f) Installation and Field Inspection #6 with the following:]. Testing of the installed PVC liner is required for this project. The physical properties of the installed PVC liner shall be verified through field sampling and laboratory testing as approved by the Engineer. The Contractor shall submit to the Engineer with the Bid, three certified laboratories that can perform the required ASTM testing for this project. The laboratories shall be within the Los Angeles or iOfange County area. The Contractor will be responsible for delivery of the sample(s) to the laboratory within 48'hours after the sample has been obtained. [Add the following:]. The samples shall be tagged with information including, but not limited to, the location of sample(s), date, pipe diameter and written verification by the AGENCY's inspector. Test results are due within 30 calendar days from the date the samples were taken. The Contractor shall be responsible for repairing non- complaint pipe liner in accordance with section 500-1.10.6. Before installation, the pipe coils shall be checked by the AGENCY's inspector using ASTM D 2122- 90 to verify the minimum wall thickness specified in the requirements of Section 500- 1.1.1. 500-1.10.4 End Seals [Delete and substitute with the following:]. After installation the liner shall be cut off in.the manhole. The cut shall be smooth and parallel with the manhole wall. The finished liner shall not protrude into the manhole over two.inches. If the manhole has been lined through, the top half of liner pipe may be cut off-even with the top of the shelf leaving the channel lined. 500-1.11 HDPE Spirally-Wound Profile Wall Liner Pipe [Delete the entire subsection:]. E-20 500-2 Manhole and Structure Rehabilitation [Delete and substitute with the following:]. 500-2.1 Requirements 500-2.2 Air Placed Concrete and Polyurethane Protective ,Lining Manhole Rehabilitation: 500-2.2.1 General The Contractor shall furnish all services, labor, materials and equipment necessary to perform the work at the locations specified herein. All work shall be performed without restriction or interruption of sewer flows. The Engineer may require testing of the materials and methods of compliance with these requirements prior to,delivery to the job site and/or prior to acceptance depending upon the alternate selected. Detailed plans shall be submitted by the Contractor showing the type of any proposed bypass systems to be used prior to the beginning of construction. It is the responsibility of the Contractor to take adequate measures to insure that no debris is allowed to enter the sewer. If at any time debris does enter the sew- er;the Contractor shall clean the sewer to a point downstream as determined by and to the satisfaction of the Engineer. All costs for cleaning for the sewer to remove debris allowed to enter the sewer shall be borne by the contractor and no additional compensation shall be allowed. The Contractor will provide all traffic controls as required by the Traffic Division of the City of Huntington Beach. 500-2.2.2 Measurement and Payment Manhole and structure rehabilitation will be measured.along the longitudinal axis between the ends of the manhole or structure to the nearest foot. Payment for manholes will be made at the Contract Unit Price bid for each structure and shall be full payment for rehabilitation for. each structure, including excavation, backfilling, reconstruction of inverts, furnishing and installing castings, restoration of the street or ground surface, and all other required work. 500-2.2.3 Restorations The surfaces to be restored are the walls of the wet well or manhole from the top of the chimney to the lowest possible water level line. Each bidder shall also ascertain actual field conditions by observation and inspection of the manhole. It is the intent of these specifications that the structures to be lined shall be completely sealed and protected by the specified lining, without ground water infiltration. The liner must be continuous, without seams, free from any holes or defects, and completely bonded to the existing structures. E-21 o• 500-2.2.4 Material The Contractor shall use Sancon #100 or approved equal. (Durathane 100) type of lining and provide a 5-year warranty on the liner. 500-2.2.5 Polyurethane Lining The material shall be approved by the.Engineer prior to commencing the application: Once the coating formulation is accepted and approved by the Engineer, it shall not be changed except by authority of the Engineer, or in conjunction with N.S.U. Products. The lining shall be 125 mil coating of high build, anti-corrosive and anti-abrasive impact resistant, two component, 100% solids, non-solvented, hybrid polyurethane coating, with a shore "D" hardness of 57 @ 77 degrees Fahrenheit. The material must be able to pass the flexibility as prescribed by A.S.T.M. D-1737, using cylinder mandrel of 0.5" (12.7mm). The flash point of the Fluid mixture is 450 degrees Fahrenheit open zahn cup. The coating material shall meet or exceed the Applicable Standards as specified in Table 500- 2.4.10(A) of the SSPWC and the following specifications. Solution ; :Concentration Acetic Acid 5% Sulfuric Acid 20% Sodium.Hydroxide .5% Ammonium Hydroxide 5% Nitric Acid 1% Ferric Acid 1% Soap 0.1% Detergent (Linear Alkyl Benzl Sulfonite or Las) 0.1% Bacteriological BOD not less than 700 PPM * Volumetric percentages of concentrated C.P. grade regents. Petroleum Oils and Greases Vegetable and Animal.Oils The color shall be white or cream. The complete coating shall be impermeable to Sewer gases and liquids and nonconducive to bacterial or fungus growth. The lining shall be capable of repair at any time during its life. A description of the coating product and the manufacturer's recommended procedures of performing the work will be required to prior to the pre job meeting. 500-2.2.6 Manhole Steps The disposition of the manhole steps shall be determined by the inspector. The steps may remain in place, or replaced at the inspector's discretion, dependant upon their condition. E-22 500-2.2.6 Surface Preparation All interior surfaces shall be water blasted to remove all deteriorated brick, concrete, or any existing coating until a good grade of brick or concrete is exposed. All grease or residue shall be removed during the surface preparation. Water blasting with an adjustable pressure range of 500 to 3000 psi, maximum flow rate of 8 gpm, and capacity to utilize 210 degrees Fahrenheit water. Debris from water blasting shall not be allowed to enter the sewer. 500-2.2.7 Water Tightness Prior to the application of mortar leveling course and the polyurethane liner, the Contractor shall stop all leaks in the existing structure. The method of stopping these leaks shall be at the Contractor's option as approved by the Engineer. The District shall not be responsible for any approved method for stopping leaks, which fails to meet the criteria. 500-2.2.8 Mortar Application Only after the preparation of the existing surfaces have been approved by the Engineer shall the Contractor be allowed to apply the-mortar leveling course. Mortar shall be applied to remove all surface irregularities and to provide a smooth surface on which to apply the polyurethane liner. All surfaces shall be as dry as possible prior to installation of the liner. A mortar leveling course.will be required on all brick manholes. On precast concrete manholes, . mortar leveling course shall be required in variable thickness to restore walls to original section dimensions, and to regain coverage of reinforcing steel. 500-2.2.9 Installation of Polyurethane Lining All interior surfaces, including grade rings and shelves, shall be coated with polyurethane lining. The coating shall be to a minimum thickness of 125 mils or as noted on the drawings. Application of the lining shall be as specified by the manufacturer. The coating must be continuous, without seams, free from any holes or defect, on all surfaces above the lowest water level. The coating contractor shall furnish two plugs to permit measurement of the thickness. Only personnel trained and licensed, as installers by the manufacturer shall be used. The Contractor shall take all necessary measures to prevent damage to installed coating from equipment and materials used in or taken through the work. Upon completion, all tools, excess materials, etc. shall be removed and the. structure left in a clean and presentable condition. All personnel working in the area shall wear the air support outfit as prescribed by the manufacturer. There shall be no deviation from or exception to this requirement. E-23 Before accepting the finished product, the contractor shall. make testing with a holiday or porosity detector and any pinholes discovered will be recoated and retested. Vendor performs testing at his expense. A guarantee in writing of the finished product for a period of two years will be required. Successful contractor must supply Certificate. of. Liability Insurance and. Workman's Compensation Coverage. 500-2.2.10 Spark Test The cured polyurethane lining shall be spark tested for pinholes with a spark tester set at 15,000 volts minimum. All pinholes shall be repaired as specified in 500.2.2.11. 500-2.2.11 Repair Methods All pinholes in the protective lining shall be marked off on surface areas containing pinholes to a point 6 inches beyond all pinholes, primed with epoxy, and recoated with polyurethane to a minimum additional thickness of 30 mils. Blisters, uncured lining, and surface imperfections shall be completely removed and the.areas recoated with epoxy primer and polyurethane lining to a point 6 inches beyond .. the repair areas at a minimum thickness of 100 mils. E-24 APPENDIX A PROJECT LOCATION MAP pow �� ���� aaaaa4oaaaaaa4a�oao as a as as aYo ■ �0744aa0o 00 on oo aa4aaa4aaaa aalia0 0��■�� � ■ n� �,- 0 ooaaaao no nn a 9�111da n� Y0� n no�ao on o: on o a! do aaa aa��oo n O�oaoaa o od o �aaaaaaaaaaaaaY�,o:. � vovaaaat��t • n aa4oaooa0000 o+�'q; �_ a oa000do 0O �� • a '� a�aaaa444a4aa'taa o o �� on d� • n o4aaa4aaaaaaaa:-;o� a a0aa0a4a44aa4a"-a oo no o212111, • 0aaa4a4a4aaaaaaaar�o;j man on aa44a4;1av o_g���o nPodOv �o alull aaLY an ad as as a a��a a000o�d as ao aaaaaa;tod o a a an no a14411,ON.YYa a a ao or•a-T as oa Q n as av,off ao as oa444a��ee o o as a L O ■a oo an�a�, cap all 0111141i40 ao as a000000004i� 0 0000r_ v aoo on n�-gvaa44aaaa pa4aaaaao o aedd� ao anfa d � as ac- 000000000�o as ac•a �� �° � � 000000000aac aagaaaa.a "I'I 0000�0000000�° Is•lo{a°sl■ oa000000ao ■0000i■00 0■�0 odd00000001 ■ �a o010!o0011000■0■0 °o 0o aoo 000o j j0111�■ M�IIO olloe000010 aa000 1110 0 �a 0 oaaa �0 0 o a oo O■00 0►. o0cn oollo�11YY�eo 0000000000 0 0� o0 0 d olloo�01a1c-4va00000000 0 00 0 0 cr 0, L o .. - o a o oaaoa000 o 0►, a o 0 �:,,o ovaaooaoao 0000 0= � o0 oc 000 0 �' O oo �. 0 o aolo a10=�� aooaoaa Illlllll o 00 0�= �o o daa000000 • a o00000000 0 " 0000aoao o_o 0000 0 ^�goOQgggoO o a00000000 o aaoaaooa n ■■■ o��*.�000aoa� �� � � va00000aov o■ ■ phb o0 _ Oo110: ea000 ooee �oodo olooggolb0 -�— o p 0 0Nil i� ■■ ■l00000voae0000 LLJ ■ oil LLJ ���® ■ �� ffil LINE LINEAL FEET LATERALS AVG. DEPTH LEGEND L1 430 9 7' L2 430 8 8' — $ — EXISTING SEWER L3 420 1 9' —.— SEWER TO BE SLIPLINED L4 330 5 1 7' „ 100 200 AW o SEWER MANHOLE L5 280 8 6' L6 500 1 9' WARNER AVE. FIR 1I � m I I I _ L I� p Mro DR. ' I L4 L2�L L6 �..� nPosnN CR. QI NANLL� �• OR. IBAR 0 E2 7H 1 I g 3 3 fI a U WAGON I a w m OR. tj tj a � � SLATER AVE. AKVIEW ENHANCEMENT AREA - NORTH LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS OakviewNorth.dwg LINE LINEAL FEET LATERALS AVG. DEPTH L1 300 7 10' LEGEND L2 310 10 9' L3 300 7 10' — — EXISTING SEWER L4 210 9 11' SEWER TO BE SLIPLINED L5 300 12 7' o SEWER MANHOLE 20 00 200 400 L6 210 5 10' L7 140 6 6' J LLLLJ L_I__IL L ' SLATER AVE. 3 � p I � ¢ m BIIRTON T 3 I L6 SPEER AVE. TPL�.f2O REYN=S tlN. �TY L4 FT77b � I L2 L3 L1 NEWMAN AVE. � I WOODWIND I flONAID 4. 1 L g L7 WNNDFIEID DR. ffi TALBERT — -a s- AVE. OAKVIEW ENHANCEMENT AREA - SOUTH LOCATION MAP 11 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS OakviewSouth.dwg LEGEND LINE LINEAL FEET LATERALS AVG. DEPTH EXISTING SEWER L1 280 8 6' _.�_ SEWER TO 8E SLIPLINED L2 310 8 8' 0 SEWER MANHOLE L3 375 12 6' xo iDo xao 400 L4 100 2 6' L5 45 2 I U L6 350 10 13' WARNER AVE. L7 * 335 10 14' — — —� L8 * 250 0 13' L9 350 6 11' 3 $ AYSTMEAY OR. L10 350 10 7' * Designates 15" Dia. Pipe. is I 3 I � � EDAN CR. REYDR., - DR. 1I I W POLDER OR. �I I °ice I g� V CIA 0000 C>-- --O— — — — �� $ � L I I I I L1 I I I I L FTI L8 S Y FRIESLANO 6 1 L5 m �3 I GUILDERS $ DR. u I z z � � o NDLLAND OR. l NMND op ER jSEA CR II I 6 ci m I Ll I I I ❑.NDY SANDS a. 1 U s o a w s m �L2 � SLATER — — —4— — — AVE. NEWLAND ENHANCEMENT AREA NORTH LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS NewlandNorth.dwg LINE LINEAL FEET LATERALS AVG. DEPTH LEGEND L1 350 4 12' L2 255 6 6' — — EXISTING SEWER L3 210 8 6' ----.— SEWER TO BE SLIPLINED L4 305 10 6' s0 00 :00 400 a SEWER MANHOLE L5 125 0 8' L6 60 0 7' L7 190 2 7' I L8 250 4 12' SLATER � —o AVE, uJ J 3 L5 -J T-n- L3 m L6 L7 " YI AEL c ROSANNA OR. � p .I DARs� DR. N� RENJANIN OR. J' N RLE CR. s I 0_ C 2 LB EL ARROYO NEWAN - AVE. 0—9— b PASEO CR. L1 r NORENEAD N C 8 � 8 W = COOO SHEPARD U CEMETARY w JALN DR. mJ L z Z TALBERT AVE. 1 NEWLAND ENHANCEMENT AREA - SOUTH LOCATION. MAP . CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS NewlandSouth.dwg APPENDIX B MAINTENANCE WORK TRAFFIC CONTROL MANUAL MAINTENANCE WORK TRAFFIC CONTROL MANUAL- CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT DECEMBER, 1997 INTRODUCTION THE PURPOSE OF THIS MANUAL IS TO PROVIDE GUIDANCE TO THE CITY OF HUNTINGTON BEACH PERSONNEL IN THE INSTALLATION OF TRAFFIC CONTROL DEVICES IN AND AROUND MAINTENANCE WORK ZONES. THE BASIC PRINCIPLES AND PRACTICES REPRESENTED IN THIS HANDBOOK ARE TAKEN FROM THE CALTRANS "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" (ALSO KNOWN AS CHAPTER 5 OF THE :TRAFFIC MANUAL) AND THE SOUTHERN CALIFORNIA APWA/CITY TRAFFIC ENGINEERS "WORK "AREA TRAFFIC CONTROL HANDBOOK" (THE WATCH BOOK). THIS MANUAL IS NOT INTENDED TO SUPERSEDE EITHER THE CALTRANS MANUAL OR THE WATCH BOOK, WHICH SHOULD BE REFERRED TO IN THE EVENT OF ANY QUESTION REGARDING THE SUBJECT MATTER OF THIS MANUAL. INDEX - MAINTENANCE .WORK PLANS DRAWING TC-1 GENERAL NOTES DRAWING TC-2 SUMMARY OF SIGNS DRAWING TC-3 LEGEND AND CHARTS A AND B DRAWING TC-4 LOW SPEED STREET DRAWING TC-5 TYPICAL SHOULDER CLOSURE DRAWING TC-6 SINGLE LANE CLOSURE (RIGHT LANE) DRAWING TC-7 SINGLE LANE CLOSURE (LEFT LANE) DRAWING TC-8 LEFT TURN LANE CLOSURE DRAWING TC-9 TYPICAL CLOSING OF HALF ROADWAY DRAWING TC-10 MULTI-LANE CLOSURE DRAWING TC-11 TYPICAL LANE CLOSURE WITH REVERSIBLE CONTROL DRAWING TC-12 WORK WITHIN INTERSECTION - LEFT LANE / LEFT TURN LANE DRAWING TC-13 WORK WITHIN INTERSECTION RIGHT LANE / LEFT LANE DRAWING TC-14 WORK BEYOND INTERSECTION LEFT LANE DRAWING TC-15 WORK BEYOND INTERSECTION RIGHT LANE DRAWING TC-16 RESIDENTIAL STREET CLOSURE APP'D BY: DATE:_ 9/17/97 CITY OF HUNTINGTON BEACH ola . DESIGNED BY: TAE d/ DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA. TRAFFIC ENGINEER RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL CHECKED BY: JDO APP'D. DATE: ° '.Z INTRODUCTION AND INDEX . _ _' _ ;....•tea- nt.T':. .s:t7•.n[; -r;:as� ':T-.�TY'i�3::.rry-•w�3?'�'T_._yT-:'_._. ..:T.. l� GENERAL NOTES: 1. NOTHING IN THESE NOTES OR PLANS SHALL RELIEVE THE CONTRACTOR OF THE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY, AND THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO WORKING HOURS. 2. THE ENGINEER SHALL BE DEFINED AS THE CITY OF HUNTINGTON BEACH TRAFFIC ENGINEER OR HIS REPRESENTATIVE. 3. THE ENGINEER WILL HAVE THE RIGHT TO DEMAND THE INSTALLATION OF ADDITIONAL TRAFFIC CONTROL DEVICES OR MODIFICATIONS TO THESE PLANS AND NOTES, AS HE DEEMS NECESSARY, TO PROMOTE THE SAFE AND ORDERLY FLOW OF TRAFFIC AND PEDESTRIANS THROUGH THE CONSTRUCTION WORK ZONE. THE CONTRACTOR SHALL COMPLY WITH THESE ADDITIONAL REQUESTS OR MODIFICATIONS WITH DUE DILIGENCE. 4. CONSTRUCTION ACTIVITY IN THE ROADWAY WILL BE LIMITED TO THE HOURS BETWEEN 9:00 A.M. AND 4:00 P.M. ALL TRENCH EXCAVATIONS WITHIN THE ROADWAY SHALL BE COVERED WITH STEEL PLATES OR TEMPORARILY BACKFILLED AND SURFACED FROM 4:00 P.M. TO 9:00 A.M., UNLESS PRIOR WRITTEN APPROVAL IS OBTAINED FROM THE ENGINEER. 5. NO TEMPORARY CONSTRUCTION TRAFFIC CONTROL DEVICES SHALL BE PLACED IN THE ROADWAY (TO EXECUTE THE DAYS CONSTRUCTION WORK) UNTIL AFTER 9:00 A.M. AND ALL TEMPORARY CONSTRUCTION TRAFFIC CONTROL DEVICES SHALL BE COMPLETELY REMOVED BY 4:00 P.M., UNLESS PRIOR WRITTEN APPROVAL IS OBTAINED FROM THE ENGINEER. CONES OR DELINEATORS SHALL GENERALLY BE PLACED ON EXISTING LANE LINES, EXCEPT WHEN PLACED FOR LANE CLOSURE TAPERS. 6. FLASHING BEACONS AND WARNING LIGHTS SHALL BE USED AS DIRECTED BY THE ENGINEER. 7. ALL EXISTING TRAFFIC CONTROL SIGNS AND STREET SIGNS SHALL BE MAINTAINED IN VISIBLE LOCATIONS DURING.'CONSTRUCTION, UNLESS PRIOR WRITTEN APPROVAL IS OBTAINED FROM THE ENGINEER. THE CONTRACTOR SHALL RESTORE OR REPLACE (AT THE DISCRETION OF THE ENGINEER) ANY STRIPING OR SIGNING DAMAGED DURING CONTRUCTION OPERATIONS, INCLUDING RAISED PAVEMENT MARKERS. 8. WHEN ENTERING OR LEAVING ROADWAYS CARRYING PUBLIC TRAFFIC, THE CONTRACTOR'S EQUIPMENT, WHETHER EMPTY OR LOADED, SHALL IN ALL CASES YIELD TO PUBLIC TRAFFIC. 9. ACCESS TO DRIVEWAYS ADJACENT TO THE CONSTRUCTION WORK ZONE SHALL BE MAINTAINED AT ALL TIMES IF AT ALL POSSIBLE. ADDITIONAL CONES OR DELINEATORS MAY BE REQUIRED TO DELINEATE THE DRIVEWAY ACCESS ROUTE THROUGH THE CONSTRUCTION WORK ZONE. A MINIMUM OF ONE TRAVEL LANE SHALL BE MAINTAINED ACROSS THE DRIVEWAYS, UNLESS PRIOR WRITTEN APPROVAL IS OBTAINED FROM THE ENGINEER. 10. 48 HOURS PRIOR TO COMMENCING ANY WORK WITHIN THE IMMEDIATE VICINITY OF A TRAFFIC SIGNAL CONTROLLED INTERSECTION, THE CONTRACTOR SHALL CONTACT UNDERGROUND SERVICE ALERT (800-422-4133). THIS PRIOR NOTICE WILL ALLOW THE LOCATION AND MARKING OF UNDERGROUND TRAFFIC SIGNAL CONDUIT AND TRAFFIC SIGNAL LOOP DETECTORS PRIOR TO CONSTRUCTION. DAMAGES TO TRAFFIC SIGNAL CONDUIT, CONDUCTORS, LOOP DETECTORS, OR OTHER TRAFFIC SIGNAL EQUIPMENT SHALL BE REPAIRED WITHIN 24 HOURS AT THE CONTRACTOR'S EXPENSE, PER THE CITY OF HUNTINGTON BEACH STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND STREET LIGHTING, LATEST EDITION. 11. SPILLAGE RESULTING FROM HAULING OPERATIONS ALONG OR ACROSS ANY PUBLIC TRAVELED WAY SHALL BE REMOVED IMMEDIATELY BY THE CONTRACTOR AT HIS EXPENSE. STREETS ALONG THE HAUL ROUTE SHALL BE SWEPT OR WASHED DAILY, DURING EACH DAY OF HAULING OPERATIONS. 12. THE LENGTH OF TIME FOR EACH CONSTRUCTION PHASE SHALL BE SPECIFIED ON THE ENCROACHMENT PERMIT. IF THE CONTRACTOR DOES NOT COMPLETE HIS WORK IN THE SPECIFIED AMOUNT OF TIME, A FEE OF $800 PER LANE PER CALENDAR DAY WILL BE ACCRUED PER ORDINANCE NO. 3320. THE CONTRACTOR MAY SUBMIT A WRITTEN REQUEST TO THE DIRECTOR OF PUBLIC WORKS TO EXTEND THE TIME PERIOD, ALLOTTED FOR CONSTRUCTION. 13. THE CONTRACTOR SHALL SUBMIT AN APPLICATION FOR TEMPORARY PARKING RESTRICTIONS AT A COST OF $50.00. TEMPORARY NO PARKING SIGNS SHALL BE PURCHASED FROM THE CITY OF HUNTINGTON BEACH AT A COST OF $0.75 A SIGN AND BE POSTED AT LEAST 24 HOURS PRIOR TO THE ENFORCEMENT OF PARKING RESTRICTIONS. APP'D BY: DATE: 9/5/97 CITY OF HUNTINGTON BEACH Ada DESIGNED BY: TAE , ►.- L� DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA TRAFFIC ENGINEER RCE 38580, RTE; 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NJCHECKED BY: TAE l APP'D. DATE: i . Z GENERAL NOTES TC-1 CALTRANS SIGN CAL-MANS SIGN SIGN SIGN CODE SIZE LEGEND SIGN CODE SIZE LEGEND SIZE R1 �A �QP C14 ❑B qp�p EM EA 36" x 36" B❑ 42" x 18" m.ae R16 a0 C17(25) �0 25 �C 30" x 30" �D 24" x 24" R17 �0 C18 A pow 18" x 18" �F 18" x 12" R18 (RT) ❑A C20 (LT) �A �G 11" x 17" LTMNWJ ro wan R26 �G nE C20 (RT) ❑A Mend R96 �E C20(8IKE) �A R968 F❑ - C20 (MOD) 8❑ (LEFT TURN LANE) `CLOSED AHEAD J Wl (LT) �A C21 �A uie W2 (LT) FA C22B ❑C W6 ❑D Na C23 a w C1 E C24 ❑C C9A A❑ C30 E IJYE NOTE: C13 apg�� C36 A npr� ALL SIGNS SHOWN ON THIS PLAN SHALL CONFORM TO THE LATEST CALTRANS SIGN SPECIFICATIONS. APP'D BY: DATE: 9/5/97 CITY OF HUNTINGTON BEACH DESIGNED BY: TAE DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA TRAFFIC ENGINEER RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING N0. CHECKED BY: TAE APP'D. DATE: SUMMARY OF SIGNS TC-2 v' �.. _....-....__...._.. _.................. ...,.-..._..-..�._...-...,......t:.'gib::-:.�'R.^n:L='_._.......�.. ..: .__ .-... __-a -......... _CHART A MINIMUM RECOMMENDED DELINEATOR AND SIGN PLACEMENT TRAFFIC SPEED TAPER LENGTH (L) DELINEATOR SIGN SPACING (S) (POSTED SPEEDS) (EACH LANE) SPACING (ADVANCE OF TAPER & BETWEEN SIGNS) 25 MPH 150 Ft. 25 Ft. 150 Ft. 30 MPH 200 Ft. 25 Ft. 200 Ft. 35 MPH 250 Ft. 25 Ft. 250 Ft. 40 MPH 350 Ft. 25 Ft. 350 Ft. 45 MPH 550 Ft. 25 Ft. 550 Ft. 50 MPH 600 Ft. 25 Ft. 600 Ft. 55+ MPH 1000 Ft. 25 Ft. 1000 Ft. LEGEND DIRECTION OF TRAVEL TRAFFIC CONE OR DELINEATOR (Not a pavement marking) M.H. MANHOLE I- TEMPORARY SIGN 7=Wn MAINTENANCE VEHICLE y FLAG TREE T w/ Flashing lights PORTABLE FLASHING BEACON TNP Temporary No Parking (Night work) (By permit only) FLAGGER ® FLASHING ARROW SIGN (FAS) CHART B APPROACH SPEED L (MPH) (FEET) 0-30 MPH 200 Ft. 30-45 MPH 310 Ft. Over 45 MPH 500 Ft. APP'0 BY: DATE: 9/25/97 ,.� CITY OF HUNTINGTON BEACH DESIGNED BY: JAA �; G✓, i� DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA TRAFFIC ENGINEER RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. CHECKED BY: TAE APP'D. DATE: S l `l CHART "A" , CHART "B�� AND SYMBOLS TC-3 • �4 - q • I �s �L OPTIONAL VEHICLE C14 C23 J OISTALL TEMPORARY RO PARKINr sots * t W' li REOWREO Y OR'R` 12' MIN. LANE ALiy • C228 C228 M.H. Y • • • ; • • DIVIDING LINE • • • 40 • • • • • • 40 OR 12' MIN. LANE s • *ORY .a f: C23 C14 TAPER L WORK ZONE TAPER L S ' SEE CHART 'A' SEE CHART 'A' ALTERNATE : BARRICADED SEE CHART 'A' SEE CHART 'A' WORK ZONE INSTALL TEMPORARY NO PAMUNG S1pIS IF REQUIRED NOTES: 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR 4. ALL CONES SHALL BE 28' HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH DAYTIME WORK ZONES. FLAMING BEACONS SHALL BE PLACED AT THE LOCATIONS FOR 13' REFLECTIVE SLEEVES. NIGHT WORK ZONES. 5. ALL PORTABLE DELINEATORS SHALL BE 36' HIGH. OELINEATORS USED FOR NIGHT 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3—INCH BANDS PLACED A REFLECTORIZED. MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE `I BANDS. �= 3. A C13 'END CONSTRUCTION' OR C14 'END ROAD WORK' SIGN, AS APPROPRIATE, MAY BE PLACED AT THE ENO OF THE WORK ZONE. AL 12' MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION. r FRAWN 9/8/97 APPROVED BY: CITY OF HUNTINGTON BEACH �f C DEPARTMENT OF PUBLIC WORKS Y: TAE v It JAA GINEER, RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. Y: TAE APPROVED DATE: LOW SPEED STREET TC-4 S �3 1 ti MEDIAN OR DIVIDING LINE h SHOULDER 0 0 0 0 5. min. OR Y WORK AREA C18 or C24 or C23 C13 or C14 STALL TEMPORARY MO P—.0 9G.S a•REQUWED " 1001! 200*:t 100± Cones or delineators 25 max. spacing CONES OR DELINEATORS 2V MAX. SPACING NOTES: 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR 4.. ALL CONES SHALL BE 28' HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH ; DAYTIME SHOULDER CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE 13' REFLECTIVE SLEEVES. 7 LOCATIONS INDICATED DURING NIGHT SHOULDER CLOSURES. 5. ALL PORTABLE DELINEATORS SHALL BE 36' HIGH. DELINEATORS USED FOR NIGHT 2. ALL WARNING SIGNS FOR NIGHT SHOULDER CLOSURES SHALL BE ILLUMINATED OR WORK SHALL BE REFLECTORIZEO WITH A MINIMUM OF TWO 3—INCH BANDS PLACED A REFLECTORIZED. MINIMUM OF 2 INCHES.FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. 3. A C13 'END CONSTRUCTION' OR C14 'END ROAD WORK' SIGN, AS APPROPRIATE. MAY BE PLACED AT THE END OF THE WORK ZONE. 6. IF N07 POSSIBLE TO OBTAIN MINIMUM CLEARANCE, SHT. TC-6 SHALL BE USED. DATE: 9/8/97 APPROVED BY: CITY OF HUNTINGTON BEACH °�e Q t DESIGNED BY: TAE r DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA V�AFFIC ENGINEER, RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO.9 CHECKED BY: TAE APPROVED DATE: 9 % TYPICAL SHOULDER CLOSURE TC-5 • 5; ;Y 1 ' l t • o— a F+ See note 6. • . • • • • • • • • • • • `? • • • • Y WORK A A �• • • —0 •c • CIE DRY • *OR Y C17(25) C30 �p C16 C20(Rt) C20 INSTALL TEMPORARY ND rARKac SIOIS o If REQUIRED r C23 Bike C13 or C14 s S S S Taper L ISO, See Chart 'A See Chart 'A' See Chart 'A' See Chart 'A' min. NOTES: I. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR 5. ALL PORTABLE DEUNEATORS SHALL BE 36' HIGH. DELINEATORS USED FOR NIGHT DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE WORK SHALL BE REFLECTORIZEO WITH A MINIMUM OF TWO 3—INCH BANDS PLACED A LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR REFLECTORIZED. 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE. USE HIGH LEVEL t WARNING DEVICE IN SPEED ZONES OF 35 MPH OR LESS. 3. A C13 'END CONSTRUCTION' OR C14 'END ROAD WORK' SIGN, AS APPROPRIATE, SHALL BE PLACED AT THE END OF THE WORK ZONE. 7. FLASHING ARROW SIGN SHALL BE TYPE I PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC MANUAL, 1992 EDITION. OPERATE FAS IN SEQUENTIAL ARROW MODE. 4. ALL CONES SHALL BE 26' HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH r 13' REFLECTIVE SLEEVES. S. IF NOT POSSIBLE TO OBTAIN MINIMUM CLEARANCE, SHEET TC-9 SHALL BE USED. 12' MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION. s� DATE: 9/8/97 APPROVED BY: CITY OF HUNTINGTON BEACH ?01 DESIGNED BY: TAE DEPARTMENT OF PUBLIC WORKS k, i= DRAWN BY: JAA T.AFFIC ENGINEER, RCE 38580, RTE 1578 c MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. CHECKED BY: TAE ' APPROVED DATE: cs L' SINGLE LANE CLOSURE (RIGHT LANE) TC-6 "s Varies S SEE NOTE 6 See Chart "A" C18 23 C13 or C14 or Y oR� o— o— o- o- 5' MIN. • • • • Y ```.C3O I1 Y RK AR • I - - - - - - - - - - - - - - - • 41-• •- • • • • • •10'•mi• • -t---� - - - b n.♦ 5 MIN. b • *ORY •1 C20(Lt) •1, C20(Lt) 1,C17(25) L orl8C23 C13 orC14 S S S Toper L 150' See Chart "A" See Chart "A" See Chart "A" See Chart "A" min. NOTES: INSTALL TEMPORARY NO PARKING SIGNS IF REQUIRED 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR S. ALL PORTABLE DELINEATORS'SHALL BE 36" HIGH. DELINEATORS USED FOR NIGHT DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE WORK SHALL BE REFLECTORIZEO WITH A MINIMUM OF TWO 3—INCH BANDS PLACED A LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANOS. 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR REFLECTORIZED. 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE. USE HIGH LEVEL WARNING DEVICE IN SPEED ZONES OF 35 MPH OR LESS. 3. A C13 "END CONSTRUCTION" OR C14 "END ROAD WORK" SIGN, AS APPROPRIATE, SHALL BE PLACED AT THE END OF THE WORK ZONE. 7. FLASHING ARROW.SIGN SHALL BE TYPE I PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC 4. ALL CONES SHALL BE 28" HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH MANUAL, 1992 EDITION. OPERATE FAS IN SEQUENTIAL ARROW MODE. ' 13" REFLECTIVE SLEEVES. S. IF NOT POSSIBLE TO MAINTAIN MINIMUM CLEARANCE, SHEETS TC-10, OR TC-11 SHALL BE USED. ♦ 12' MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION. DATE: 9/10/97 APPROVED BY: CITY OF H U N T I N GTO N BEACH 0 DESIGNED BY: TAE _,/ ���._� DEPARTMENT OF PUBLIC WORKS ® ' DRAWN BY: JAA &FIC ENGINEER, RCE 38580, RTE 15711 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO....,,-;' CHECKED BY: TAE APPROVED DATE: t�/��- SINGLE LANE CLOSURE (LEFT LANE) TC-7 k L •1 S S See Chart 'A' See Chart 'A' C13 C23 '$ OR C14 C20(Mod)Y OR OR CIS '11E a a G C228 •YO j R17 R17 • •Y AR A MfOR A — �J_� —41 C228 �I C18 OR C23 C20(Mod) C13 OR C14 S S See Chart 'A' See Chart 'A' II F: NOTES: 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EOUIPPED WITH FLAGS FOR 4. ALL CONES SHALL BE 28' HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE 13' REFLECTIVE SLEEVES. LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. i@ 5. ALL PORTABLE DELINEATORS SHALL BE 36' HIGH. DELINEATORS USED FOR NIGHT- r 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR WORK SHALL BE REFLECTORIZED MATH A MINIMUM OF TWO 3—INCH BANDS PLACED A REFLECTORIZED. MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. 3. A C13 'END CONSTRUCTION' OR C14 'END ROAD WORK' SIGN, AS APPROPRIATE, MAY BE PLACED AT THE END OF THE WORK ZONE. r DATE: 9/8/97 APPROVED BY: CITY OF HUNTINGTON BEACH °�• DESIGNED BY: TAE DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA TR FIC ENGINEER, RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. CHECKED BY: TAE APPROVED DATE: :� LEFT TURN LANE CLOSURE TC-8 7, '1 INSTALL TEMPORARY NO PARIONC SIGNS r REQUIRED F` Taper L Taper L S S S See Chart 'A' See Chat 'A' See Chart 'A' See Chart 'A' See Chart 'A' C18 or C23 C13 or C14 C17(25) C20pc) • C20(It)1 116 Ya • 10' min. 71 • • • i 4 • 17(25) 10{m�ln. 5• MIN.• ® Y • • �0 e1v • See note 6. • C30 • WORK • *OR Y • • C21 or • WI(It) or C30 W1(Rt) or �1 C18, C23 C1 C20(Rt) W2(It) W2(Rl)C20(B1Re) C13 or C14 7 S S S S Toper L Toper L 150, See Chat 'A' See Chart 'A' See Chart 'A' See Chart 'A' See Chart 'A' See Chart 'A' min. ;i INSTALL TEMPORARY NO PARKNG SIGNS •• NOTES: IF REDWRED 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE. USE HIGH LEVEL DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE WARNING DEVICE IN SPEED ZONES OF 35 MPH OR LESS. LOCATIONS INDICATED DURING NIGHT LANE CLOSURES 7. FLASHING ARROW SIGN SHALL BE TYPE I PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC ; 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR MANUAL, 1992 EDITION. OPERATE FAS IN SEQUENTIAL ARROW MODE. REFLECTORIZED. I B. FOR SPEEDS OF 30 MPH OR LOWER, USE W2 SIGNS. FOR SPEEDS OF 35 MPH OR GREATER, 3. A C13 'ENO CONSTRUCTION' OR C14 'END ROAD WORK' SIGN, AS APPROPRIATE, MAY BE USE W1 SIGNS .. PLACED AT THE END OF THE WORK ZONE. 9. IF NOT POSSIBLE TO OBTAIN MINIMUM CLEARANCE, SHEET TC-11 SHALL BE USED. 4. ALL CONES SHALL BE 28' HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH 13' REFLECTIVE SLEEVES At12' MIN. LANE WIDTH WHEN NEXT TO A CURB OR VERTICAL OBSTRUCTION. 3. ALL PORTABLE DELINEATORS SHALL BE 36' HIGH. DELINEATORS USED FOR NIGHT WORK SHALL BE REFLECTORIZEO WITH A MINIMUM OF TWO 3—INCH BANDS PLACED A MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. i; DATE: 9/8/97 APPROVED BY: CITY OF HUNTINGTON BEACH °Ae DESIGNED BY: TAE DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA ?TRFIC ENGINEER, RCE 38580. RTE 15711 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO.CHECKED BY: TAE ROVED DATE: e/zlZ TYPICAL CLOSING OF HALF ROADWAY TC-9 'I� n { ., C18 t. r: or C2] :n •r*OR Y • C20(RT) • C20(RT) 3 See note 6. C17(25) 10' min. A 5' MIN. C30 — — — — — — — — — — — — — — — •. • • a • 0 tF • 0 •— Y — — — — • • Y • Ir— Y WOR AR A • r jIE OR Y 10 • c18 • C20(RT) • C20(RT) C20(Bike) 200' C13 or C14 or C23 Min. S S S S L L 150, Varies a See Chart 'A' See Chart 'A' See Chart 'A' See Chart 'A' See Chart 'A' See Chart 'A' min. f INSTALL TEMPORARY NO PARKOIO SIQIS NOTES: s a'�`o 61 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED NTH FLAGS FOR 5. ALL PORTABLE OEUNEATORS SHALL BE 36' HIGH. DELINEATORS USED FOR NIGHT . DAYTIME LANE CLOSURES FLASHING BEACONS SHALL BE PLACED AT THE WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3—INCH BANDS PLACED A 5` LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. MINIMUM OF 2 INCHES FROM THE TOP NTH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. I 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR REFLECTORIZED. 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE. USE HIGH LEVEL WARNING DEVICE IN SPEED ZONES OF 35 MPH OR LESS. 3. A C13 'END CONSTRUCTION' OR C14 'END ROAD WORK' SIGN, AS APPROPRIATE, MAY BE ry PLACED AT THE END OF THE WORK ZONE. 7. FLAMING ARROW SIGN SHALL BE TYPE I PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC MANUAL, 1992 EDITION. .OPERATE FAS IN SEQUENTIAL ARROW MODE. 4, ALL CONES SHALL BE 28' HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH 13' REFLECTIVE SLEEVES. A 12' MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION. r a DATE: 9/11/97 APPROVED BY: CITY OF HUNTINGTON BEACH °ae DESIGNED BY: TAE �� ! DEPARTMENT OF PUBLIC WORKS /I/ L .a DRAWN BY: JAA AFFIC ENGINEER, RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. CHECKED BY: TAE APPROVED DATE: �� Ole MULTI—LANE CLOSURE TC-10 (LEFT AND RIGHT SIDE CLOSURE TO BE SIMILAR) Al - C C23 or CIS I I V-: W � La TEMPORARY NO PARKING SR7�5 I IF REOUIREo n C9A: o Coned 25' mox.:spocinq Varies S S S I SEE CHART 'A' SEE CHART 'A' SEE CHART 'A' RI C13 or C14 C36 C9A CIS or C23 • • YOR* • Voriabl Cl7(25) See Chart '8' 10' Min, a � r C17(25)p —•—• • • • • • `•S,MIN. • .._ WO I A A • ;. • �Y C30 • CIS )*DRY • C9A • C36 I or C23 C13 or C14 SEE CHART 'A' SEE CHART 'A' SEE CHART 'A' Optional Vehicle MSiAII 1E11PdtAgt Na PARNINa 9lM ' i REatAKo NOTES: 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED NTH FLAGS FOR 4. ALL CONES SHALL BE 28' HIGH, CONES USED FOR NIGHT WORK SHALL BE FITTED MATH DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE LOCATIONS 13' REFLECTIVE SLEEVES. INDICATED DURING NIGHT WORK ZONES. 5. ALL PORTABLE DELINEATORS SHALL BE 36' HIGH. DELINEATORS USED FOR NIGHT 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3-INCH BANDS PLACED A REFLECTORIZED. MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. 3. A C13 'END CONSTRUCTION' OR C14 'END ROAD WORK' SICN, AS APPROPRIATE, MAY BE PLACED AT THE END OF THE WORK ZONE. A 12' MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION. DATE: 9/8/97 APPROVED BY. CITY OF HUNTINGTON BEACH 01a ® A DESIGNED BY: TAE / �-- DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA. ;FF4FICENGINEER, RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO.. CHECKED BY: TAE APPROVED DATE: f?/� � er TYPICAL LANE CLOSURE WITH REVERSIBLE CONTROL TC-11° � y o WSTALL TEMPORARY NO PARKING 9q+5 . - r V G i REOWNEO o� bb 44 See note 6. Toper L S S C13 or C14 See Chart 'A' See Chart 'A' See Chart 'A' C23 „J C20(Lt) OR C18 "1 • Y or �U • 17 R17 a C228 C228 Y b • • • • 6, R17 3 • b R17 See note 6. • or • CIS or C23 C20(Lt) C13 or C14 S S Taper L u See Chart 'A' See Chart 'A' See Chart 'A� 4 4 c c . to « j INSTALL TEMPORARY NO PARKING SIGNS i REGU REO u y u NOTES: I • I N 1, ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EOUIPPED WITH FLAGS FOR 5. ALL PORTABLE DELINEATORS SHALL BE 36' HIGH. DELINEATORS USED FOR NIGHT DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3—INCH BANDS PLACED A LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE 2. All WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR BANDS. REFLECTORIZED. 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE. USE HIGH LEVEL WARNING DEVICE IN SPEED ZONES OF 35 MPH OR LESS. 3. A C13 'END CONSTRUCTION' OR C14 'END ROAD WORK' SIGN, AS APPROPRIATE, MAY BE PLACED AT THE END OF THE WORK ZONE. 7, FLASHING ARROW SIGN SHALL BE TYPE 1 PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC MANUAL, 1992 EDITION. OPERATE FAS IN SEOUENTIAL ARROW MODE. LESIGNED SHALL BE 28' HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED MATH IVE SLEEVES 12' MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION. 9/12/97 APPROVED BY: CITY OF HUNTINGTON BEACH TAE J J_� DEPARTMENT OF PUBLIC WORKS JAA R FIC ENGINEER, RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. TAE APPROVED DATE: F/ez"/7 WORK WITHIN INTERSECTION (LEFT LANE / LEFT TURN LANE) TC-12 NOTES: _ 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR C23 or �E I I C13 or DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE C18 or U 4 C14 LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. } U €' 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR a ; REFLECTORIZED. c N 0 3. A C13 "END CONSTRUCTION' OR C14 "END ROAD WORK' SIGN, AS APPROPRIATE, MAY BE u S PLACED AT THE END OF THE WORK ZONE. a See Chart A in +, 4. ALL CONES SHALL BE 28" HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH 13" REFLECTIVE SLEEVES. ' 4CI3 or Y or* •C23 or a C14 E Work Area a C18 See note 6. o a 014 or • C20(Rt) C30 R1B(Rt)f ` -- -- -- -- -- -- -- -- C23 or R96 S~ 96 C13 or C18 R9613 t R968 C14 '50 min 1 Y BETWEEN • DELINEATORS • 3 r J Q pp II S S Toper L n See Chart •A* See Chart 'A• See Chart �A� I c o ui • E a '^ W nsuu,D04041.w r.sc.rc sws o;z } i p i F- 5. ALL PORTABLE DELINEATORS SHALL BE 36" HIGH. DELINEATORS USED-FOR NIGHT C3 See Hole 6 a WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3-INCH BANDS PLACED A N X a MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE C13 T p I w• BANDS, or C14 , V 4 If , ini 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE. USE HIGH LEVEL C20(Lt) WARNING DEVICE IN SPEED ZONES OF 35 MPH OR LESS. a 7. FLASHING ARROW SIGN SHALL BE TYPE I PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC $ 14 En a MANUAL, 1992 EDITION. OPERATE FAS IN SEQUENTIAL ARROW MODE. I I Li w 12' MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL C18 or OBSTRUCTION. C23 DATE: 9/16/97 APPROVED BY: CITY OF HUNTINGTON BEACH DESIGNED BY: TAE �---- DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA T AFFIC ENGINEER, RCE,38580, RTE 1578 MAINTENANCE WORK TRAFFIC C 0 N T R 0 L DRAWING NO. CHECKED BY: JDO APPROVED DATE: 11 'Z WORK WITHIN INTERSECTION TC-13 a RIGHT LANE / LEFT LANE 1 j L S See Chart 'A' See Churl 'A' C1B ,J C13 or C14 Y or C23 • a See note 6. a o- a- � • • � C30 . C30 YIVA6R AREA • • •—•—� — -0-0- • --a •—• 0- — — — — � 10' min.,& • *ORY • *ORY C1B C20(Lt) INSTALL TENPORA87 No PARKWa AWS or C23 IF REOUWED C13 or C14 S S 50' min gap L See Chart 'A' See Churl 'A' BETWEEN OEUNEATORS WST&L 1ENPORMT 110 PARKWa SMS . IF REDIARED NOTES: 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR 5. ALL PORTABLE DELINEATORS SHALL BE 36' HIGH. DELINEATORS USED FOR NIGHT DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3—INCH BANOS PLACED A LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR REFLECTORIZED. 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE. USE HIGH LEVEL WARNING DEVICE IN SPEED ZONES OF 35 MPH OR LESS. 3. A C13 'END CONSTRUCTION' OR C14 'END ROAD WORK' SIGN. AS APPROPRIATE, MAY BE PLACED AT THE END OF.THE WORK ZONE. 7. FLASHING ARROW SIGN SHALL BE TYPE I PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC MANUAL. 1992 EDITION. OPERATE FAS IN SEQUENTIAL,ARROW MODE. 4. ALL CONES SHALL BE 28' HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH 13' REFLECTIVE SLEEVES. 12' MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION. DATE: 9/16/97 APPROVED BY: CITY OF HUNTINGTON BEACH Fog DESIGNED BY: TAELAPPROVED 4 G� DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA EER. RCCE 3�8580 RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO'. CHECKED BY: TAE ATE: WORK BEYOND INTERSECTION (LEFT LANE) TC-14 o i Indicate North with an 'N' . L Varies S See Chart 'A' See Chart 'A' Y OR �E cle ' 4 or C23 a See note 6. a 50' min gap 5 MIN. BETWEEN_ �� —� ♦ _ _ DELINEATORS y • • 41 • b Y WO I AREA {' *OR Y *OR Y C30 RI S(Rt) frC 3: C13 or C14 r C18 C20(Rt) r of C23 .000 WS7ALL TEMPORARY MD PARIIWG 4W5 WSiALL TEMPORARY NO PARgNG 9015 S S IF REQUIRED IF REOUREO See Chart 'A' See Chart 'A' NOTES: 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR 5. ALL PORTABLE DELINEATORS SHALL BE 36' HIGH. DEUNEATORS USED FOR NIGHT DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE WORK SHALL BE REFLECTORIZEO WITH A MINIMUM OF TWO 3—INCH BANDS PLACED A LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR REFLECTORIZEO. 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE. USE HIGH LEVEL WARNING DEVICE IN SPEED ZONES OF 35 MPH OR LESS. J. A C13 'END CONSTRUCTION' OR C14 'END ROAD WORK' SIGN, AS APPROPRIATE, MAY BE PLACED AT THE END OF THE WORK ZONE. 7. FLASHING ARROW SIGN SHALL BE TYPE I PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC MANUAL, 1992 EDITION. OPERATE FAS IN SEQUENTIAL ARROW MODE. 4. ALL CONES SHALL BE 28' HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH 13' REFLECTIVE SLEEVES. A 12' MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION. DATE: 9/16/97 APPROVED BY. CITY OF HUNTINGTON BEACH pal a DESIGNED BY: TAE �/� DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA V- PROVED ENGINEER, RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. CHECKED BY: TAE DATE: �J c `� WORK BEYOND INTERSECTION (RIGHT LANE) TC-15 — —C—t — -�--�— See left turn lane 1 closure TC-8 6 3 4 2 4 2 WALK 0 4 ' SLOP 4 . 3 N R1 D in rr- C9 ir m J J z Y :ji O 3 O � a a X O o ; I z � NOTES: C z a rn Ol INSTALL C2 (36%24") ON D a — TYPE II BARRICADE La 2O INSTALL R11 (36%36") ON i71 TYPE II BARRICADE N i< O3 INSTALL TYPE II BARRICADE N OR DELINEATOR O4 TIE BARRICADES TOGETHER WITH YELLOW "CAUTION', TAPE O5 CLOSE LEFT TURN POCKET PER O6 INSTALL R16 (24"x24") ON TYPE II HUNTINGTON BEACH MAINTENANCE WORK BARRICADE. R16 TO FACE ON COMING TRAFFIC CONTROL MANUAL, SHEET TC-5 TRAFFIC. DATE: 9/17/97 APPROVED BY: CITY OF H U N T I N GTO N BEACH 0 11 DESIGNED BY: TAE /l? DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA R WFIC ENGINEER, RCE 38580. RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. CHECKED BY: JDO APPROVED DATE: ' /7 RESIDENTIAL STREET CLOSURE TC-16 APPENDIX C CONTRACTORS BUSINESS LICENSE APPLICATION APPLICATION FOR BUSINESS LICENSE CITY OF. HUNTINGTON BEACH ' License Dept. - P.' Box 711 - 2000 Main Street N��Tv.cllr. {I RCN Huntington.Beach, CA 92648 - Tel. (714) 536-5267 PLEASE TYPE OR PRINT jai/ �+ ` `' �YJ - Business v!'Ji i Y 1 i L E- 0-A 1 �1 L 1 r Name: Business Address: Telephone # Number city Lp Mailing Address: Telephone # Number treat p Description cf Business - . . -•- ---- State of CalHornia Contractor/Professional License Number Class: One of the following.(whichever is applicable) Soc. Sec. No. "` Federal ID No. State 1D Board of Equalization Permit No. Health Dept Parmh No. This business is: ( ) Individual ( ) Partnership ( ).Corporation List Owners/Officers on lines below; Number of individuals actively invoNed in business in Huntington Beach:Fu l l—time! /Part—time : Number Number of vehicles used to conduct business: Under 1 ton 1 to 3 tons over 3 tons Date that you will start business In this City. No. of Rental Units: (Apts, Motel/Hotel Rooms,Trailer Spaces) Date of Purchase Rental Equipment (give no.) Passenger autos Trucks Trailers (2 whD (4 who Number of coin operated machines on premises: Music Vending Service Amusement l am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers compensation. ❑ Certificate of Workers Compensation Insurance .'Cl Certificate of Setf-Insurance of Workers Compensation ' ❑ I certiy that In the performance of work for which this license is issued I shall not employ any person In any manner so as to become subject to the workers'compensation laws of Califomia. Note: 1f after signing the certificate, you hire any employee,you become subject to the workers'compensation provisions of the California Labor Code,and you must immediately comply with the provisions of Section 3700 or'your license Immediately becomes revoked. I hereby declare under penalty of perjury that the above statements and information are true and correct Signature Date LOCAL BUSINESS ONLY; Complete appropriate portion of reverse side of application. FOR OFFICE USE ONLY: Classification Gf business Fee: Date Certification of Occupancy filed: Issued _ Home Occupation Permit filed: Approved REMARKS: TOTAL DUE S NAME: ���L �NLY - lL.aat) .� � • HOME ADDRESS. (HONE: (Mumoar/S UUG a / ly/ZID) - BIRTHRATE' BIRTHPLACE: Mo..Day. YNr t 1 (City.Stag,Country) HEIGHT: Ft. , In. WEIGHT: EYES: HAIR:T_ SOCIAL SECURITY NO. CALIF.DRIVER'S LICENSE NO. ALTERNATE PHONE NUMBER TO BE CONTACTED IN CASE OF FIRE.ACCIDENT OR EMERGENCY: NAME: PHONE: 1 1 RELATIONSHIP: DATE: (Signature or Acollcant) ONLY *LAME: (First) (MIOOIra) (Last) •COME ADDRESS: PHONE: (rvumoer/Strau/City/2lD) '11RTHDATE: BIRTHPLACE: o., ay, ur sty.State.Country) iEIGHT: Ft. in. WEIGHT: EYES: HAIR: '•OCIAL SECURITY NO. CALIF.DRIVER'S LICENSE NO.: ALTERNATE PHONE NUMBER TO BE CONTACTED IN CASE OF FIRE,ACCIDENT OR EMERGENCY: TAME: PHONE: ( 1 RELATIONSHIP: DATE: (Signature of ADDllcant) SA d LE ON LY (Pants - (Maoalel (Last) OME ADDRESS: PHONE: (Nvmoer/Street/City/21D) 'RTHDATE: BIRTHPLACE: (MO..Day, rear) (City.S(at•,Country) EIGHT: Ft. In. WEIGHT EYES: HAIR: 7CIAL SECURITY NO. CALIF.DRIVER'S LICENSE NO. LTERNATE PHONE NUMBER TO BE CONTACTED IN CASE OF FIRE.ACCIDENT OR EMERGENCY: AME: PHONE:I I RELATIONSHIP: (Signature of ADDIJcant) DATE: APPENDIX D INFORMATIONAL PHOTOGRAPHS OAKVIEW - NORTH x ,.a a c . x�ex �Yw� 3C:5 r l . OAKVIEW - SOUTH �s z - .a£ a v NEWLAND - NORTH a�- r t� MLr � GY' a NEWLAND - SOUTH 5 xp t � 5 �=ef- 1 < apt: ATTACHMENT #2 GI AVE 0 0 EOLSA Me ADDEN NAVE. JEDINGER AVE. 00 F Z ME. 3. 3 z I- 0 WARNER 05 SLATER TALBERT .................. PACIFIC ELUS AVE. GARFIELI)i AVE. OWN ORK 4, MY' 7 3:< NOT TO SCALE AD AMS AVE. INDI ANAPOLIS AVE. O "A. < Z AM LTON 11 ' OCEAN iyTYrBANNING AVE. WARNER AVENUE :J- O ..... ..................................... ..... ..... MITHHH11 7 MEA 0 FIT vi NU ........ -7- L lz lz TALBERT AVENUE LocationMap.dwg LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: R'e'u�'estPermission to Adrt,�ise'99,`/.'0O CDBG Sewer ° Pro ect - COUNCIL MEETING DATE: Ma -1, 2.OQ0 ... RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorne Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial r Not Applicable E MISSING . _........ ....... ...................._...... . ........ ........ .... ..... ... .......... REVIEWED RETURNED ::FORWARDED Administrative Staff `( Assistant City Administrator Initial ` City Administrator Initial ,- SO - City Clerk ( ) ._.. _ ..._................... ..... .... ........ XPLANATLON F R RETURN F 1TE ......... __ _ ......... Only)(Below Space For City Clerk's Use RCA Author: T. Broussard:jm COPIES TO: Sf��vG d T�G ��aivfs Front Desk Engineer City Clerk ® 7A, 0-0 199912000 CDBG SEWER PROJECT CC - 1130 May 30, 2000, 2 :00 PM (Engineer's Estimate: $418,000) BID LIST .. ... .... ............ . ............ .......... ... ... . .. .................... . .......... .... .. .. ....... .... .......... . . .... ....... ............................... ....... ... ................. ................................. BIDDER'S..... NA...... ME . ....... RANK TOTAL;BID...... AMOUNT 1. BNB ENGINEERING $ 2. BYRON L. CRUME, INC. $ 3. COLICH &SONS $ 4. CHARLES KING COMPANY $ 5. DAVID T. WASDEN, INC. $ 6. ELSER CONSTRUCTORS, INC. $ 7. EMSICO, INC. $ 8. GCI CONSTUCTION, INC. $ 9. HYDRO TECH, INC. $ 10. INLAND CONCRETE ENTERPRISE $ 11. INSTTUFORM $ a Q lU , 12. MIKE BUBALO CONSTRUCTION $ Page one of three 12108v2o i CC-1130 BID LIST BIDDER'S NAME RANK ;;TOTAL BID AMOUNT 13. PREUSSAG PIPE REHAB. $ 14. R & L SEWERS, INC. $ 15. SANCON TECHNOLOGIES 16. SAVALA CONSTRUCTION CO. $ 17. S. J. BURKHARDT, INC. $ 18. VIDO ARTVKONICH &SONS, INC. $ 19. Z. Z. LINER, INC. 20. $ 21. $ 22. $ 23. 24. $ 25. $ 26. $ 27. $ 28. $ 29. $ `- the�provisira�of'th� alp r - I N Ilfornia uove,rnmant [ F` OTM, IN TtNG� 4590.-Code :Sections: +T SALE[3 t1�DS :The Contractor shall be Fr`?J for the-. 'benedial`owner of ihe. `=j I1'd tj CAN CA I 1999/2000�CDBG surety.and-'.6.—a1 l' l eive_ ZQ SEWER PROJECT ,any interest thereon i q 1 CASH CONTRACT t hef.AGENCY.hereby r1'AY 3Q P N0: -1 in the -affirmatively ensures: CITYOF �thatmmority business enntterpnses will b if, HUNTINGTON R ford�ed4ull opportunity tol BEACH �� Lsubmit bids in response PUBLIC_NQTICE.r+ISi Ito this.notice and: 11'riot HEREBY GIVEfV that the discriminated:against the CITY OF?HUNT:bong the#fiasis of race; INGTON BEACHWT i�•color national ongin,i AGENCY invites sealed) ancestry,•sex orreliglionlh bids-fortthe abov_e,,tated! 1`n�ny`-consideration; project and wiil0*ecelve,:leading:;to the award of such bids in the`offica of ;contract the City Clerk;ASecontl7 No tiid shall be;con-!j Floor-'2000-Mainr9treet, si ibred:.unless`it is Huntington-BeachT f6AIi 1p;epared on thel,:ap- fomia>92648;Fup tovthe'irrq h Proposal:.forms hour of -2 00T-PM,ion..! i nformance with=the Tuesday May(W420001 Instructions'to`Bidders. ' -Bids will be-publicly The bid must be-ac- open: in unci thezib6i acompanied by a certified l Chambers unless+'other ?check, cashiers check, wise posted :or bidders bond made Copies of theSpecifi pay4ble7.to the AGENCY cations and contract 4?or an-amount_no*less documents are available ••than)' of the amount+ ____ - - -- -- - -- -- from-the Office,ofrtherDi,'bid Th`esuccessfulbid-. - — - rector of PublictWorks Eder sfia11 be•licensed in i 2000 Main Street Hunt :'accordance with . i 4 ington Beach CAS provisions of.the:Busi-1 92648;-upon payment of nest :and Professions a$25.00 nonrefundable Code-and shall possess 1 fee if.picked upi:o pay i,� State, Contractor's ment' of a $35$00, License Class A-at-the+ nonrefundable',4fee� if Cimeiof the bid opening. mailed: The successful Contrac- t ' i aI This is a Davis�Bacon I for and his subcon CITY CLERK project and thCJF5- ral ttracto[s will be required CITY OF Regulations =will be, to possess business Nerd ijt r ,- enforced Any- contract licenses from the• T0N 11EACII, CA entered into pursuantdoI AGENCY. this. notice will" ire I The AGENCY--- re- corporate fr,�t pt``��f _-. corporate the provisions serves the right--to reject 211�U t't 3 = n i of the FederiI t�ob r kany.or-all"bids•to waive 1Y Standards;whichlarefon Many irregularity.°and to' file at the office oflth-&Ni i;takec-all> bids under rector of Public'No'11;advis,ement- for al 2000 Main Street Hunt- maximum'.period of,60 i in ton edhV ,Cy s 92648. ,BY ORDER of .the The AGENCY deg rC11Tt"COUNCIL- of•thee duct`a 10% retention° CITY OF HUNTINGTON i from all progre"ss pay BEACH:CALIFORNIA„ merits. Thhe ContFoiii the 1st day-of.May2000 may; substitute Ans est i escrow holder surety4of' Connie Broc kvrey -: equal value 1o,th eten w 'CITY CLERK% tion in accordance with OF THE CITY OF - -- 'HUNTINGTON BEACH' Published l untinton'l Beach-Foun`tain:',:Valley Independent,"May 11, 052-499I I HUNTINGTON BEACH • FOUNTAIN VALLEY Independent THE NEWPORT BEACH•COSTA MESA PILOT Client Reference # Independent Reference # Dear Advertiser: Enclosed please find clipping of your ad from the first publication, beginning If you need to make any changes or corrections, please call meat your earliest convenience. 7 The cost of this publication will be $ Thanks for your cooperation and patronage. Sincerely, Jody O tting Manager Legal Advertising Department 18682 Beach Boulevard, Suite 160 Huntington Beach, CA 92648 (714) 965-3030 (714) 965-7174 FAX PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) beneficial owner of-the I am a Citizen of the United States and a NOTICE INVITING surety and shall receives SEALED,. BIDS-_- an interest thereon. resident of the County aforesaid; I am = for the- { The AGENCY" hereby / .199912000 aCDBG affumat... ..1 ensures over the age of eighteen years and not a SEWER PROJECT , that minory abusiness / CASH CONTRACT ` enterprises willcbe af- forded full.fopportunity to party to or interested in the below ;,No. 1136,ln the... submit,bids m response CITY - OF _ to this-notice and will not. entitled matter. I am a principal clerk of HUNTINGT IN be discriminated against BEACH on the basis of race- the HUNTINGTON BEACH INDEPENDENT a PUBLIC NOTICE IS color nationaP origin, HEREBY GIVEN- that ancestry, sex, or,religion newspaper of general circulation printed the CITY- OF HUNT- In any :consideration / INGTON--BEACH,'<as leading to the-award of and published in the City of Huntington (AGENCY invites sealed contract:- n-i ,bids for the above stated No bid.shall be..con-i / Beach County of Orange/ State of project and will-.receive sidered unless it is su mch bids the office of Prepared on the a p- the City,.-Clerk,•"Second. roved-Proposal,:forms California, and that attached Notice is a Floor,r2000"Main Street, Fr conformance wjth`_:the, Huntington Beach "Cali- Instructions•to, Bidders. true and complete copy as was printed fomia 92648, uP to the The bid must be ac-1 hour of 2:00 PM on -companied byy a certified and published in the Huntington Beach Tuesday May 30 2000 check, cashlees check,. Bids will "be =publicly or bidder's bond made' o an lr the .Council: payable to the AGENCY and Fountain Valle issues of saido P for an amount,no-lass Y Chambers,unless other- wise posted. .than 10% of the amount newspaper to wit the issue(s) of: Copies-of the,SpecIi, bid. The-successful bid--I. .cations and.,:contract -der:shali.beFyli.c a d,._in, documents are;available accordance with from the Office,of the,Di- provision'§ ,f the Buse= May 11 r 2000 rector of Public,,:Works, ness antl =Professions, 2000-Main_Street, Huntx Code and shay f*'less irigton Beach° - CA .a State. Contractor's, May 18, 2000 92648, upon"payment of License,Glass A`at the a-$25.60 nonrefundable ,time of=the bid openings May 25, 2000 fee if picked up, or pay- The successful COntrac- yment: •of,_-a;. $35.00 nonrefundable" :fee.. if for `and- his,-'subcon mailed:. tractors will be'required This%is.a Davis-Bacon .'to possess ass enses project:and the Federal,;AGENCY: from' the declare, under penalty of perjury, that 'Regulations will be ! The AGENCY, r'e enforcedk Any-'contract serves the.fight to-elect the foregoing is true and. correct. entered into pursuant to any or all bids, tO waive this r--notice --^:will.".in` any.irregularit y and to corporate the provisions take `all bids- under of the Federal Labor;advise.ment -',for: Standards, which are on maximum,period of 60 file at:the office-of the Di .1_days Executed on 2000 rector of Public Works May 2 5 , BY ORDER of the at Costa Mesa California. 2igton. in.Street Hunt '�CITY COUNCIL of the ington� Beach CA6_CITY OF;HUNTINGTON' / 92649_ I BEACH .CALIFORNIAv The�AGENCY-will de-lithe Ist•day ict Me 2000 duct."a 10%-:retention] Attest: from>all t progress pay ;k Conrle Brockway ` menu. The:-Contractor ll CITYLE.CRK- substitute an[ OF THE CITY'OF., escrow holder surety Of I HUNTINGTON'.BEACH equat.valueA the reten-,FPublished`.' Huntington tion Jn accordance with geachd o intain._,,-Valley the provisions of the Cal :Independent May 11" ifornia- -. vernment;18 25, 2000 Code--'Section 4590. 052499. Signature The Contractor shall be --- f SanC on nx Technologies, Inc. tr L. - s I t i ur 5881 Engineer Drive, Huntington Beach CA 92649 }1UPTitiGTi!'N BEACH. CA (714) 902-0115 • Fax (714) 902-0121 ZGOO XIAY 30 P 1. 31 G -T 3hl"'-c h� y l� �' /�2/< o d ��i� S� z 0 �� qz Gym 305) O� Z' s sir-v✓� ��-�.9,� + i • ' t SECTION C PROPOSAL for the 1999/2000 CDBG SEWER PROJECT Within an area bounded by WARNER AVENUE TO THE NORTH,NEWLAND STREET TO THE EAST, TALBERT AVENUE TO THE SOUTH AND GOTHARD STREET TO THE WEST WITHIN THE OAKVIEW AND NEWLAND ENHANCEMENT AREAS CASH CONTRACT No. 1130 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter .into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, including material delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE tem stimate.; temw�t unit price " xten e No Quanfity wr[tten inwords Unit Pace Amount 1 1 Mobilization of equipment&materials lump sum a / 1;VeG1S A11) Dollars $ 3__.0Q0_ $ 000 Cents Per lump sum 2 1 rrallic Control per Specs. lump sum a -724V Dollars $ 2.000 $ 2.000 �-o Cents Per lump sum 3 1 Demobilization of equipment&materials lump sum n -1707'2" 1-7,0'4ef-4r1/6 Dollars $ 1000 $ 3.000 04" Cents Per lump sum 4 8435 Line 8"host pipe per Specs. S�l.f. a 7We V?:y- r-*Z,6f- Dollars $ 2 :3 — $ 19 Gr` Cents Per Lf. 5 585 Line 15"host pipe per Specs. oa IS. n �/�r� Dollars $ � � $��so o Cents Per I.f. 6 215 Re-open service lateral per Specs. o� ea. « �p,2,7-'� Dollars $ yo $ 16 0.6 o Cents Per ea. 7 500 Rehabilitate Manhole per City Specs. 0o C� v.f. a ©/S/L A W614AC-6 7td,6AI! y Dollars $ 120 Cents Per v.f. 8 20 Grind protruding lateral per City requirements ea. a Dollars $ � O Cents Per Za Total Amount Bid in Figures: $ 30 Jr 0 72 Total Amount Bid in Words: ; ................................._......_.-........ _-._._...• C-ls 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 ,91D 6"0 in the amount of$for of- 4b 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 Bidder's:Sign re i ,- 2- oa �-�- 2 �— o C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. . Portion Nnme and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work, which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is of Sg1VC-A4' the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder r;:,Z PEGGY E SCANLON ,Commission# 1?27652 a.+o i Notary PubrIC-Cal"rfomia l-y-r7V 18GQ( GrGL- 924 f/F Orange County Address of Bidder My Comm.,Expkes Jul Z 400 i Subscribed and sworn to before me this 3o r day of A+A , 2000 . . NOTARY PUBLI = 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 1999/2000 CDBG SEWER PROJECT; CC-1130, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience.or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contractor By Title Date: &330 ZIP C-s DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes tS No If the answer is yes, explain the circumstances in the space provided'. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such. provisions before commencing the performance of the work of this contract. �A-r/G��✓ �cl�lo[-oG��S• ,/-mac. Contractor By �4TAX- Title Date: �3��0� C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name ,��4/ Fi✓f lnlEF DAIJ V4 Business Address City, State Zip fez Telephone Number 17V nss" `A State Contractor's License No. and Class I/z 4P 0 Original Date Issued Expiration Date M/K�— 4VoV4f-a- The work site was inspected by &,,6 ylvL&,,y j roof our office on /7 , 200a The following are persons, firms, and corporations having a principal interest in this proposal: B►�a �w���swo.�,--�- - Sic_ C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me thisJo day of , 2000. PEGGY E SCANLON _ Commbsion# 1227652 Z Notc y Public-California. Orange County My Comm.Expires Jul Z 2003 NOTARY PUBLIs NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. CITY 4A Mw-WI7^X rVA1 844ir--W Name and Address of Public Agency Name and Telephone No. of Project Manager: A,e/C C -r2�on��f_ �7r�)S3�-CSG3o .S��vo Sr.✓E,2 � � fr,8 �.� Contract Amount Type of Work Date Completed . • 2. C 1 rY Name and Address of Public Agency Name and Telephone No. of Project Manager: ,&Wd .S o2 I!2f 3 ) P tl7-d S--7fG -6/Z 000 VII d Contract Amount Type of Work Date Completed 3 C! & Ar Name and Address of Public Agency Name and Telephone No. of Project Manager: 0yl—gl Contract Amount Type of Work Date Completed c-1 o ' ALL ITEMS BELOW MUST BE COMPLETED The requested information must be returned with the bid or the bid will be considered non- responsive. Bidder's name: �� ��OGoIi2tS Bidder's address: Mg/ Eiy-kAy 114 Phone number: W/S Fax number: 902 , 912- .1 Pipeline rehabilitation process (trade name) bid: 414- LiN,ER (Choose only one per Section B- "Instructions to Bidders" #12) Copy of letter from the manufacture stating that: 1. The installer listed above is factory licensed and trained. 2. The factory has been inspected by the greenbook committee; including the date, and location of inspection. 3. SDR thickness supplied (minimum thickness SDR 35) SD.2 32: 5 4. Have the ability and will supply the necessary amount of material within the construction time frame. List of three certified laboratories that can perform the required ASTM testing. The laboratories must be within the Southern California area. Laboratory number 1: Name: r* ePA4020VA-Se WCO Address: SS'S S Ta�La-.r�,9aff Ike. L�7. 900ye Telephone number: FOd 2P ---,'3 7W- Contact person: J-o 4 o,60.4s1y Laboratory number 2: Name: em Zee-.S7- D A# d Address: ���8'.3 �r-i �o�� fJR• ti-A��,.rM 9z�G �' Telephone.number: 7/y 00- 'Roo� Contact person: jz2,V-CA-- /'S. S/9zd-4 Laboratory number 3: Name: 7Y/9.S TtrsS"i ai .!• RQ�AJ'oR��r Loo Address: 629 S/19vso.r Nvtr Telephone number: 213 Z22 - aela Contact person: � ,��-o �/ORTri�✓ C-11 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low-Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager(initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction-with this project. Will award 10% of its sub-contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub-contracts related to this project. Contractor: 5utmeoN /�c�G�✓O�o <E S `„vim Contact Person:_ ,� �.G���Swo.ysl� Contact Phone: 7i Qo z Signed: Date:_ .5 Z3DL�� *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by bidders and proposed sub-contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. PC Docs k 0013081.01 Cr « 1 Y.C.W. GROUP ®INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY ❑INDEPENDENCE CASUALTY AND SURETY COMPANY BOND NO. 167 78 57 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, Sancon Technologies, Inc., (hereinafter called the Principal), and Insurance Company of the West, a corporation organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, as Surety, are held and firmly bound unto City of Huntington Beach, California (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 May 30, 2000 for bid cash contract#1130, 1999/2000 CDBG Sewer Project in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and . void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this I Ith day of May, 2000. Sancon Techriologies,Inc. BY: Insurance Company the We BY: Michael R. Lan Attorney-in-Fa CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County Of Los Angeles On May 11, 2000 before me Mqr3 S Ami v r , MotarT Puh]is DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC" personally appeared Michael R. Langan. NAME(S)OF SIGNER(S) 1 personally known to me OR - ❑ proved to me on the basis of satisfactory evidence to be the personal whose name4) is/am subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in hisAftg4ftk authorized. capacity , and that by hishbwA±nxkx signature6W on the instrument the person or the entity upon behalf .of which the personal acted, executed the instrument. �MM•N•NN•MH•M•••••••N•4H•: - MARY S.AMIRf 4 WITNESS m hand and official seal. R COMM.#1178731 R S NOTARY PUBLIC-CALIFORNIA S 2 LOS ANGELES COUNTY 2 My Comm.Expires April 5,2002 • �• ~••~�•�•�••••••••••••••••••• St ATUREOFNOTARY OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bid Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED one ❑ GENERAL ATTORNEY-IN-FACT . NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR� 5/11/00 ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) InGr,ranre Compan3z-of the West SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Insurance Company of the West HOME OFFICE:SAN DIEGO,CALIFORNIA POWER OF ATTORNEY tEtdO`v'�:.L�MEN BY'Ti•iESC PRE'.L••N','S:Thzt I1�iSURA1,ICE:;OtJIPA?dY OF THE WEST,a California Corporation,does hereby appoint: Mrl -i-tAEL R.LANGAN it:true a:�r+! tad tl �,.ttomey(s-irv-"r a<:.will;ft:'l p .reran :r�:honty,to exemite,on behalf of the Curnpany,fidelity,and e.urt:ty bonds,undertakin,;s,e-na other.contr :ds of:::tirety:ship of a sin'diar nO.'Urt. nis Pv.wcr. f Attorney is gmntn;d and is signed ana seaied by fwsimile under.the su l.ority of ih.follo*riq Resolution adopted by-the Board of Ci--ectois An the 23 rd ilay of F:kbruarj, 199E,,vmi�:h Said Pasoliutic-rt••tas not botin,wriended or rescinded and of which the following Is a true copy: "RESOLVED,that t v v+7.31rmrlri oi the C:rir. the Y'rl;"sldBnst,arrExCCi:are Vice Rvabsident Ara. ,,;fll:,''V7Ge President cif the".an:f?.'hnv and cScl'. . thfim, Is hereby aui.^.criZEC-i.o nxei:;uie Powers of At i',nlev qualifying the attornCy named in the given Power of Attorney to exet:L'te rt bi:ti ii i°i t^•3 Company,'fiderry and suroty brrid;,c, undertakin s,or;;tha%V:x-ntra.;tS Cf sur�b,chip of a similar nature;and to attach thereto the s�a7i of the.C.:or nrri i, provided h:.vkver,#hvt the i-os•:ncl;.!tt:e seui Sh li::c:;ail:.._.the validity of flh insmarneni. - FURTHER RESOLVFD,that the signatures of such offers and the seal of the Company,and the signatures of-any witnesses,the signatur?s arid sea!of any notary,and the signatures.of any officer.certifying the validity of Lhe Power of Attorney,may be affixed by facsimile." 1N.'tA,rNE ;E,uVI1ER'r_".OF,:,it4. LjPAl'•i:: s�}Gl,!'dshf".vF'..''HE WE-ST has ca;.IsE:d these presents tC be signed by its duiy a.W.horize-d of icer_tt"is . lTla day Cf f?E'�EfolB-rz 1999 . INSURA.NC:E.c'OIN1PANY OF THE 01ES T !7 ramSTATE-.05 r, i t ,<;.[ �,►� a ,nr,L.Hwirt,rr, ExeruLivp Vice- Pris:Sident C;)li�ifY of ArI DiEGO 1N VIE1•NEJ S 101HEREt;F,the!undersigned coriify that they are adults;and have witnessed the signin% of ttrs'ir,slru^lent by the principal pr h8vfl.:v;inf:;5f:;;,;e principal's acknov.!edgment of the sionstu;a on the power of attonyc.y,pursuant to California Prahate Code§4121-arid 4122. /1��f•M1! j. �Z'-.r f �� - n ( ��i"�%•�~�,•�,•'r i';h'.,�,.—��i+� ir..ti '��/,%%'`v �__ _%hr�M_'�;� •�-i.L. :e.�.; ..!v::4..'' .rJ'lr c:.,.�' t c.tr :;%t_ c1',- -'vein-y pwcry JimisTheadore --- - CERTIFICATE: 1,jChn H,Craig,Assistart Secrowry of WS.LIRA.h•CE t':OMF,ANY OF THE WEST,do hereby certify that the original POV&R OF A17ORNEY,of which the fi re;uritl s a true cuN,', is.;ili in Ft01 trn:;e and rffi_ct, and that this certificate may be signed by facsimile Under the:vithority ofShra b:we quoted reso!ation. iN VOTNESS WHEREOF,I have subscribed my.name as Assistant Secretary,on this 11th day of May, 2000 INSLIRANCE COyEf'�ANY GF T E WEST �Walg,Assista the retary iCW 37 7 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For 1999/2000 CDBG SEWER PROJECT CC- 1130 May 3, 2000 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: Bid due date revised to May 30,2000 This modification does not change the Engineer's Estimate for this project. This is to acknowledge receipt and review of Addendum Number one, dated May 3, 2000. Company Name By r12 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at(714) 536-5247. MAY-16-2000 10:11 HUNTINGTON BEACH 714 374 1573 P.01i01 City of Huntington Beach Public Works Department 2000 Main Street Tel_ (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For 1999/2000 CDBG_ PROJECT CC- 1130 May 16.2000 Notice To All Bidders, Please note the following revision to the Project Plans,Specifications,and Technical Provisions: As a clarification, and based on coordination with H.U.D., the designated craft for in place epoxy llning laborer shall be; Laborer,Group 4 as found on sheet 12 of 19 of Attachment 1. This modification does not change the Engineer's Estimate for this project This is to acknowledge receipt and review of Addendum Number two, dated May 16,2000. SAn/ceyJ��ILL�csC�S 7�4 �� a�'/ Company Name By .�121,1 00 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at(714)536-6247. TOTAL P.01 05/25/2000 08:143 FAX 001 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax(714) 374-1573 ADDENDUM NUMBER THREE For 1999/2000 CDBG SEWER PROJECT CC.' 1130 May 25,2000 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications,and Technical Provisions: Please be advised a new determination has been issued by H.U.D. for Commercial projects, County of Orange, GA000035, Mod 2, dated 4/28/00. The following categories and hourly wage were requested by specification holders,and shall be used for this project: CIPP/PVC/HDPE Laborer,etc. Laborer—Group 4 $19.94+11.43 fringe Gunite/Grout Sprayer Gunite Laborer—Group 2 $19.83+9.49 fringe Polyurethane Sprayer Painter-All other $23A2+5.91 fringe CCTV Operator (State Classification)" $18.71 +2.80 fringe Watchman Not subject to Davis Bacon *State classification has been used. A determination has been filed with H.U.M. Any change in wage shall be adjusted upon determination. This modification does not change the Engineer's Estimate for this project. This is to acknowledge receipt and review of Addendum Number three,dated May 25,2000. Company Name By s-/2� Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please call Todd Broussard at(714)536-5247. �a american pipe & Plastics P.O. Box 577, Binghamton, New York 13902 Phone 607 775-4340 IT. Web Site www.ampipe.com Fax 607 775-2707 February 7, 2000 Mr. Nick DiBenedetto, President Sancon Technologies, Inc. 5881 Engineer Drive Huntington Beach, CA 92649 Dear Mr. DiBenedetto: This is to certify that Sancon Technologies, Inc. is a licensed and experienced installer for the AM-LINER H PVC pipe rehabilitation system in the Southern California area. Should there be any questions regarding the above, please feel free to have any of your clients contact us. Sincerely, A RICAN PIPE & PLASTICS, INC. obbi Zurn President sent by fax original mailed . t AM-LINER" PIPE THICKNESS CALCULATIONS CITY OF HUNTINGTON BEACH 1999/2000 CDBG SEWER PROJECT Thickness Calculations for 8 'Inch AM-Liner" AM-Liner" Dimensions Liner Diameter (in.) 8 in Liner Thickness (in.) 0.246 in Liner SDR 32.5 AM-Liner" Physical Properties Initial Tensile Stress (psi) 3600 psi Initial Flexural Strength (psi) 4100:psi Initial Flexural Modulus of Elasticity (psi) j 145,0001 psi Long-Term Modulus of Elasticity (psi) 108,750:psi i Existing Pipe Characteristics Existing pipe fully deteriorated j Ovality (%) 2 % Soil Characteristics Type of Soil clay w = Soil density (pcf) 120 pcf Es = Soil modulus (psi) 1000 psi i Safety Factor (N) 2.0 i H = Max soil height over pipe (ft) 10lft Hw = Assumed height of water above pipe ft 5 ft SANCON TECHNOLOGIES, INC. CKUB.ENEDETT'O, P.E. 4 � AM-LINER" PIPE THICKNESS CALCULATIONS CITY OF HUNTINGTON BEACH 1999/2000 CDBG SEWER PROJECT 1 . Determine the loading on the pipe usinao the modified Marston Formula and the Boussinesq Formula Base Equation: Total Load (Wtot) = We + WI Dead Load (Wc) = Cd * w * Bc * Bd (Marston Formula) Cd = loading coeficient Cd = 1 - e^(-2 * ku' * H/Bd) 2 * ku' e =1 2.718 H = Height of soil above pipe H = 10 'ft ku' = .130 j ku' = 0.13 w = soil density (psf) I w = 120 I pcf Bc '= diameter of pipe (in) Bc = 8 in Bd = trench width (ft) I Bd = 2.67 �ft Cd = 2.40 Dead Load (Wc) We = 510.99 Ibs/ ft' Live load (WI) = Cl * P * (1 +1f) j Cl = Live load coeficient (/ft) CI = 0.001 P = wheel load (lb) j P = 20000 Ib If = impact factor If = 0.00 Impact factor = .766 - .133 * H WI 20 Ibs/ ft. ( 0 <=If<=.5) Therefore: Total Load (Wtot = We + WI) Wtot =': 530.99 Ibs/ ft• J 1 t; .J U� • SANCON TECHNOLOGIES, INC. NICK DiBENEDE T 0, P. . AM-LINER" PIPE THICKNESS CALCULATIONS CITY OF HUNTINGTON BEACH 1999/2000 CDBG SEWER PROJECT 2. Determine External Pressure on Pipe i Base egua ion: a (psi) = Yw * Hw + (Rw * Wc /D + WI/D Where: We = vertical soil load = Ys * H * D / 144 Modified equation a (psi) = Yw * Hw * 12in./ft. + Rw *.Ys * H /144 + WI / D * 12in./ft. j where: i Yw = Specific weight of water (lb/in ^3 Yw .0361 Ib/in^3 Hw = Height of water above pipe ft. Hw = 5.00 ft Rw = Water Buoyancy Factor = 1-.33 Hw/H j Rw = 0.84 1 Ys = Soil Density Ib/ft^3 Ys = 120 pcf H = Height of soil above pipe ft H = 10 ft WI = Live load (lb/ft), WI = 20 lb/ft D = Pipe Diameter in. D = 8 in Therefore: External Pressure on the pipe (qa) qa =; 9m PAS SANCON ENGINEERING II, INC. NICK DiBENED O, P.E. T AM-LINER" PIPE THICKNESS CALCULATIONS CITY OF HUNTINGTON BEACH 1999/2000 CDBG SEWER PROJECT 3. Thickness Required for Buckling Pressure Base Equation a + C/N * 32*Rw*B'*Es*EI/D^3 ^.5 Modify e Base Equation adding El = Pipe Wall Stiffness Factor = El * t^3 /12 Modified Equation: t = 0.721 * D * N * a/C ^2/(El * Rw * B' * Es))^.333 where: I I = Moment of Inertia (in^4/in = t^3/12 j t = minimum liner thickness in D = Pipe diameter in D = 8 in N = Safety Factor N = 2 a = external presure on pipe (psi) a = 9.33 1 psi Ovality of Pie % 2 '% C = Ovality Factor = 1 - % ovalit /100 / 1 + % ovalit /100 ^3 C =� 0.84 El = Long term modulus of elastict (psi) El = 108,750 psi Rw"= Water Buo ance factor Rw = 0.96 B' = coefficient of elastic support = 1/ 1 + 4* e^ -0.065 * H B' = 0.32 Es = Modulus of soil reaction (psi) Es = 1,000 si H = Height of Soil above pipe ft H = 10 ft Therefore: Minimum thickness required for 8" AM-Liner II is.(tmin)= 0.142 in. Specified Allowable Minimum Thickness for 8" Liner is j(tmin)= 0.225 11 in. Use Standard SDR 32.5 AM-Liner II with thickness (t) of t = IM in. c� r r_- T SANCON TECHNOLOGIES, INC. NICK DiBENEDETTO, .E. /Jr ai AM-LINER" PIPE THICKNESS CALCULATIONS' CITY OF HUNTINGTON BEACH 1999/2000 CDBG SEWER PROJECT Thickness Calculations for 15 ,Inch AM-Liner" AM-Liner" Dimensions Liner Diameter (in.) j I 15 in Liner Thickness (in.) ; 0.462 in Liner SDR ; 32.5 AM-Liner" Physical Pro ep rties Initial Tensile Stress (psi) 3600 psi Initial Flexural Strength (psi) 1 4100 psi Initial Flexural Modulus of Elasticity psi) j 145,0001 psi Long-Term Modulus of Elasticity (psi) 108,000;psi i Existing Host Pipe Characteristics Existing pipe fully deteriorated Ovality (%) j 2 % i Soil Characteristics Type of Soil clay w = Soil density (pcf) 120 pcf Es = Soil modulus (psi) 1000 psi Safety Factor (N) j 2.0 H = Max soil height over pipe (ft) 15'ft Hw = Assumed height of water above pipe ft I 10 ft SANCON TECHNOLOGIES, INC. NICK DiBENEDETTO, P.E. AM-LINER" PIPE THICKNESS CALCULATIONS . CITY OF HUNTINGTON BEACH 1999/2000 CDBG SEWER PROJECT 1 . Determine the loading on the pipe using modified Marston Formula and the Boussinesa Formula Base Equation: Total Load (Wtot) = We + WI Dead Load (Wc) = Cd * w * Bc * Bd Marston Formula Cd = loading coeficient Cd = 1 - eA(-2 * ku' * H/Bd) 2 * ku' e = 2.718 H = Height of soil above pipe H = 15 ift ku' = .130 ku' = 0.13 w = soil density (psf) w = 120 pcf Bc = diameter of pipe (in) Bc = 15 in Bd = trench width (ft) ' ' Bd = 3.25 ft j Cd = 2.69 Dead Load (Wc) We = 1310.19 Ibs/ ft. I Live load (WI) = Cl * P * (1 +1f) ' Cl = Live load coeficient (/ft) Cl = 0.001 P = wheel load (lb) P = 20000 ;Ib If= impact factor If = 0.00 Impact factor = .766 - .133 * H WI = 20 'Ibs/ ft. ( 0 <=If<=.5) I I Therefore: Total Load (Wtot = We + WI) Wtot =1 133DA2 I bs/ ft• SANCON TECHNOLOGIES, INC. NICK DiBE_ T_T0, P.E. 3 ��. z AM-LINER" PIPE THICKNESS CALCULATIONS CITY OF HUNTINGTON BEACH 1999/2000 CDBG SEWER PROJECT 2. Determine External Pressure on Pike Base equation: a (psi) = Yw * Hw + (Rw * Wc /D + WI/D Where: We = vertical soil load = Ys * H * D / 144 I Modified equation a (psi) = Yw * Hw * 12in./ft. + Rw * Ys * H /144 + WI / D 2in./ft. where: Yw = Specific weight of water (lb/in ^3 Yw = 0361 Ib/in^3 Hw = Height of water above pipe ft. Hw =1 10.00 ft Rw = Water Buoyancy Factor = 1-.33 Hw/H Rw = 0.78 Ys = Soil Density Ib/ft^3 Ys = 120 pcf H = Height of soil above pipe ft H = 15 ft WI = Live load (lb/ft) WI = 20 lb/ft D = Pipe Diameter in. j D =j 15 in Therefore: External Pressure on the pipe (qa) qa 14.19 psi `D 2 3 � SANCON ENGINEERING II, INC. NICK AM-LINER" PIPE THICKNESS CALCULATIONS CITY OF HUNTINGTON BEACH 1999/2000 CDBG SEWER PROJECT 3. Thickness Required for Buckling Pressure Base Equation a + C/N * 32*Rw*B'*Es*EI/D^3 ^.5 Modify the Base Equatmon by addong the following substitution@ El = Pipe Wall Stiffness Factor = El * t^3 /12 Modified Eau tion: t = 0.721 * D * N * a/C ^2/(El * Rw * B' * Es ^.333 i where: I = Moment of Inertia in^4/in = t^3/12 t = minimum liner thickness in D = Pipe diameter in D = 15 j in N = Safety Factor N = 2 a = external presure on pipe (psi) a = 14.19 psi Ovality of Pie % 2 % C = Ovality Factor = 1 - % ovalit /100 / 1 + % ovalit /100 ^3 C = 0.84 El = Long term modulus of elastict (psi) El = 108,000 psi Rw = Water Buo ance factor Rw =; 0.96 B' = coefficient of elastic support = 1/ 1 + 4* e^ -0.065 * H B' =' 0.40 Es = Modulus of soil reaction (psi) Es = 1,000 psi H = Height of Soil above pipe ft H = 15 ft Therefore: Minimum thickness required for 8" AM-Liner is'(tmin)= 0.328 in. Specified Allowable Minimum Thickness for 8" Liner is (tmin)= 0.420 in. Use Standard SDR 32.5 AM-Liner" with thickness (t) of t = 0.462 in. x 26P3 ;r. va D SANCON TECHNOLOGIES, INC. NI Di ETT E. SEP 07 1999 14.59 FR AMER PIPE AND PLASTIC607 775 2707 TO 17148912524 P.02i02 am.encan pipon P.O. Box 577, Binghamton, New York 13902 Phone 607 775-4340 Inc. ' Web Site WVWV.tier.net/ampipe/ Fax 607 775-2707 September 7, 1900 To Whom it May Concern: Please be advised that Sancon Technologies,Inc., of Huntington Beach, CA, is a factory licensed and trained installer of the AM-LINER 11 Trenchless Pipeline Rehabilitation Materials manufactured by American Pipe&Plastics, Inc. American Pipe & Plastics' AM-LINER 11 PVC manufacturing facility is located in Krkwood, NY. This Plant's prooesslprocedures and production quality control were inspected and evaluated by a seven- member team representing the Joint Cooperative Committee of the Southern Calwomia Districts Associated General Contractors of California GREENSOOK Standard Specifications for Public Works Construction.` This Inspection took place on October 31, 1994--November 1, 1 M. The seven-member inspection team was composed of the following individuals: Inspector position Agency Watt Shioji . Chairperson-Pipe Rehab.Task Force City of LA, Eng. Div. George Parkinson Chairperson-New Materials Sub Comm City of San Diego, Eng. Div. Hugh Lee Task Force Member City of LA, Structural Eng. Div. Ker%Shih Nung Task Force Member City of LA,Standards Laboratory Jesus Aceves Task Force Member City of LA, Contract Adm., Inspection Irasj A9gharzaded Task Force Member City of San Diego,Water Dept. Design Dave Badgiey Task Force Member Factory Rep. AM-LINER American Pipe & Plastics manufactures AM-LINER 11 in SDR thicknesses that exceed the minimum SDR of 35. AM-LINER 11 standard material is manufactured in SDR 32.5 and 26. American Pipe&Plastics has adequate manufacturing and supply capabilities to provide the necessary amount of AM-LINER II material within the construction time frame. Please don't hesitate to call me if you have any questions. Sin ly, ow zum resident ** TOTAL PAGE.02 ** ncon Technologies, Inc. 5881 Engineer Drive, Huntington Beach CA 92649 • (714) 902-0115 • Fax (714) 902-0121 May 30, 2000 To: Whom It May Concern: Re: Statement of Project Responsibility for Sancon Technologies, Inc. Sancon Technologies, Inc. has at its disposal all the necessary financial means, owned equipment and the necessary manpower to successfully complete the following project: 1999/2000 CDBG Sewer Project, CC No.,1130 in and for the City of Huntington Beach complete per plans and specifications and within the specified contract completion time. If there are any questions regarding any of the above information,please feel free to call. .Sincerely, SANCON T HNOLOGIES, INC. ob Hollingswort \ - Secretary i rem* ce;sTo ��a p•¢o1 /95-314-10 CITY 4r LOS ANGELES • LAB. No. .......... .............................. ..... DEPARTMENT. PF: UENERAL SERYNCES 8-30-94 RAP'T'D .... 2-21-9 5 2310 09PA14- PLACL .............. ................. LOA ASfOSUS, CA ON31 TO Mr, Robert Hori.i . .. .... City Engineer .........._...... I................. cc : Mr. Clark W. Robins Csep) Mr. Hugh Lee - / Mr. Walter Shiogi CGp) ChemicTest- Amg;Tjiner, System At the request of the Bureau of Engineering, Structural Engineering Division, chemical resistance tests were conducted on a sample of "AM" Liner System. The test specimens were prepared and submitted by the manufacturer' s representative, Mr. Daive Badgley . Project Tula : "AM" Liner System Project No. : BDO01084 M.zt.�ufactu2'e= : AM-Liner / American Pipe & Plastics Engineers : Hugh Lee / Walter Shiogi The samples were tasted for weight change and tensile strength after exposure to chemical solutions in accordance with the Standard Specifications for public Works Construction 1994 Edition, section 210-2 . 1 . 3 . Pipe stiffness, pipe deflection , impact, extrusion quality and ash content were also determined. Test results sheets are attached. PArXIN K. HOVASAPIAN General Services/St Di a dardsCtor c L Ex;. 1 -:;•:i; �l V / PKH: BFi: KSN :MKL ` `sty CC IV . i I i Lab No.: 9$-614-10 Page 2 ChhOMIGal b_® SIABCO T1181 Of "AM11finery�tirm Project Title: "AM" liner System Project No: BD001084 E'ngivaer: Hugh Lee I Walter Shiogi Manufacturer: AM-Liner I Amarican Pipe & Pleistios Sc�tu�a; Dave Sadglay Dam R"jvod 8-30-94 specirication: SSPWC Section 210-2.3>3, 198d pwetriptlao; Rigid PVC AM-Liner pipelining material, Ceti Class 12111-G, white color tour 1"x 3' coupons per solution per period -Pi;< .�li.^2t`'iS „•,..>:, 1<1, e:. .1!:..:h.. >Mi 1, 12 .a� � r e .2.� L ti. � 1 '•'':�..J +Sk�Y w:i :""• �'' . �fik f? 1 ::i'�k..<>....1`` �� ]�f�f/yJ (�,1j[j��/y `•'I:wTMce:yYy° "1 ii:r<Y .I�pIS`1<�11Y a1 ,l.N 1 411<1 4.-L 1 � •+JM1r;�w.. k 7 1 l .�.! :�1...':�y�i'%::i4 ! I���Nt`,J) 'k• ,.M>�: �!: 11N_ 1 I I i _ �,�.1N Iy !1 Io•.i:.Y)<'y(,. wFiJ .. T I II Sulfuric Acid, 2095 -0.047 n/s n!s i ••0.038 sodium Hydroxide, 5% � �0.023 rVs n/s � 0 1 � ,ammonium Nydroxlde, 50 n/s n!s O.Oz1 {NifriC Ac/d, 14b •0.010 nls nIS —0.003 All Solutions i FierricGhlortde, f -0.007 nls n/9 I 0.009 1 and Perlods ! 1 Seap, 0.1% -0.007 n/a n19 Q•l}Q7 1 f 1.6 3b'mar I, Detergent, o> r% -0,007 r./s nls o.aos �1800, &700ppm _ -0.006 nls n/a y 0,008 Bleach, f% � -0.o0i + n/s nls ' -0.046 i - - I n/s: no sample Lab No.: 95-514-10 Page 3 Qhei~nigg! i�sistance To—t O AMm Ling Syntig Proj=t Tick: 'ANi. Liner Sy3tam Project No: 80001084 91:iaoer: Hugh Lee I Walt3r Shlogi M=uficcuror.• AM-Liner I American Pipe. Plavlc3 S0=6; Dave 8adgley Dsl» Raediv0d: 8-30-94 SFocin"c.360n: ASTM D1784 DtewriF�ic+e: Rli id PVC A',t-Liner pipefining malarial, Call C1.13s !2111-•C, \xhit3 color 4 dcg1.',ore3 coupona par solution for 112 days 4w .I:• I L•. �A' d'I..�i �.i ��f:)J.)Q 4. �p(.��a^�y�.T•' l�l��.� .:�i:�.a 1�1 in:�.l`•M. 4 •7! T.:+.t..i«�...,:. ,i.ilw `,..✓....:.,, �'t.: , . 4.w a'Y 1L Y F I Y 1 II• 1 f.�' '� .:, �., .. •2. •>I •'4 aln: i� ..y v •I. '4. t n,,,,4rr �.Si��i.:..r.• ti.�•�. i.w.�.:' :... ..v.... .fir.; •..... - • i:Y• it .�{. :,. iwr s:1,..�i.�w w.f;w•,I.+:l,i '^Y` .'.�, 1:1'•,o-tl ( .tom c•' a 1 ({{ I •1 mor t}r`. •ii sus:: Sulfuric Ac;d. 209t 43C8 'I Sodium Hydroxide, 6 i 4'I v�1 I' 'Ammcnium Hydroxide, 546 I 4225 i Nitric AC;C, 1,* - j 44SO :JOCO psi may. ;I :1 : l'rsrrtc CtWc.iCe, 1 43�1 cap. 0. 196 Gerergent, 0, 1 9 j µ 27= ,1 Ii SCC, 27,r: Ppm ' d3fi7 18188Ch, ?'Y5 i 4554 �. _ _ ;:;,�: :�::. .:�... i• it .1� .Y I C i-v Initial Tersiis Strercih, ;,si I_ 4179 y „CO P.'V ma;,. I t.ab No.: 95-814-19 Page 4 Test _. ANIIr- Liner Sygm Title: "AM" Liner System Prqjact No: BO001084 Engioevr: Hugh Lee / Waiter Shlogi Yaruf3ewer: AM-Liner I American Pipe &'Plastics Source. Dave Sadgley Dsete Raceived: 8/30194 Uexrrprioa: 8" Vamater Deformad and Aeformad PVC pipe, Cell Class 121 1 1-C ��^ ..Y.4L +•R ; <:y;:Y� .'aG �f."" �(:y,7:, ..w••,:+„I�� .-_{� _ •�•p:•:::e.iT•��:1ia�::+r:7 S:'y`r.Y `i�;�.:.C.. ;y,,,•. :a'!.:.. ..fit /�s;•�1 i��� �'st...,.,:'•.Y•:A.;:e,b..•. r. a... "7 -s:'.::;.:..w..t. .ter.. 1r:! .!.': w�i;' I, J.v Iris' 'b ywi::�', ,% >'......( ..�...c...�. ..� - oily, ",3.'��I:'^•..i-.M1ww1s:y'r 3.1 { Yr' iN Y >' P.E e:7a. r.Y 1 iv1 �'i itrri ro • S W ! „ �..s ••.mow 1 ^s::�r: t, { ESDR _ 32.51 ��` 32.5 fl Namirtal Siz&, in '!Average Outside Diameter, in i 7.97a 7.6CC - 5,412 1 , O;Adinirnum Wall Thickness, in 0.36 i 0.240 min, �! '):• +I> S iK�.`w' Van. Y ..L Ire 'iYiirF��-=�'�• I +)I I t Stillness at 5% Deflection, P,sr � 90 � ao min. { Ii ASTA4 D2412 f I Pioe Fignening at 40 % OD I Pass No Cracking ASTA4 D3 t 34 I f I _ J impact McWstance 9 210 !r-ib Pass No Cracking j AS TM D2444 I j, ,i Extrusion Quality Pass ! No F•i&king T�,t r y 5• Y SHE �,. N rN7: ;Maximum POrcant A9h - 2.1% 10'�b max, ` 1 I�! cO °C for jtrrs Note 1 Ash Content Test provides a mean to verify the ccnsistency of thlo material, it aces not in any way cetarmine the Composition of the material