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HomeMy WebLinkAboutSANCON TECHNOLOGIES, INC. - 2005-05-16 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to �:f k �a.F,i�/�" City Clerk's Office (Name) i i) after signing/dating 61 ���n� (Date) >le� CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: +Sha.' enrich, City Treasurer FROM:DATE: " SUBJECT: Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. _(O '�4A 3 `� r i - Re: Tract No. CC No. MSC No. Approved /� Agenda Item No. (Council Approval Date) A J� ', n City Clerk Vault No. _ � � .a #27 gJfollowup/bondletter.doc City of Huntington Beach [OLD INTER-DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: WDuane D. Wentworth DATE: August 14, 2006 SUBJECT: Retention Release Payment Company Name: Sancon Technologies, Inc. Address: 5881 Engineer Drive City, State and Zip Code: Huntington Beach, CA 92649 Phone Number: (714) 891-2323 Business License Number:A 200298 Local Address: N/A Notice of Completion Date:October 29, 2001 Contract Purpose: Retention Release for Cash Contract 1270, 04-05 Sewer Rehabilitation 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. I certify that no stop notices are on file on the ubject at this time. Date / Robert F. eardsley, Public orks rector I certify that there are no outstanding invoices on file. lj - IT- ae 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. Sb 7 Dat6 Joan-Flen, City Clerk 1270 retention release memo 8/14/06 9:22 AM RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) %, >? CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sh ' Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for A) — �wLz.D6 / (Company Na e) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. ll / Maintenance Bond No. �0� Re: Tract No. CC No. �� 7' MSC No. Approved Agenda Item No. (Cou cd App va Date) City Clerk Vault No. o �. #27 gAollowup/bondletter.doc I.C.W. GROUP • • ®INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY ❑INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 RI Camino Real' Can Diego re 91130-204,5 P.O. Box 85563, San Diego, CA 92186-5563 (619) 350-2400 - FAX (619) 350-2707 MAINTENANCE BOND Bond No.212 67 23-M 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 One Million, One Hundred Eighty-Two Thousand, Five Hundred Fifty-Two and 70/100 Dollars ($1,182,552.70), 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 10`h day of July, 2006. WHEREAS, on or about August 1, 2005, the said Sancon Technologies, Inc., as Contractor, entered into a contract with the City of Huntington Beach for 04-05 Sewer Rehabilitation Program, Cash Contract #1270 for the sum of One Million Two Hundred Seventy-Two Thousand, Eight Hundred Eighty-Seven and 20/100 Dollars($1,272,887.20); and, WHEREAS, under the terms of the specifications for said work, the said Sancon Technologies, Inc. is required to give a bond for One Million, One Hundred Eighty-Two Thousand, Five Hundred Fifty-Two and 70/100 Dollars ($1,182,552.70), 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 June 12, 2007. NOW, THEREFORE, if the said Sancon Technologies, Inc. shall for a period of one year from and after the date of the completion and informal 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. 5881 Engineer Drive Huntington Beach, CA 92649 BY: G . Insurance Company of the West BY: Michael R. Langan ATTORNEY-IN-FACT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r: State of California ss. County of Los Angeles z' P' On July 10 , 2006 , before me, Katherine L. Banks, Notary Public Date Name and Title of Officer e.( g.,"Jane Doe,Notary Public's �) personally appeared Michael R. Langan Name(s)of Signer(s) P ®personally known to me r ❑ proved to me on the basis of satisfactory 6 evidence ...., ., to be the personM whose name(4 is/am ; ;. .. KATHERINE L. BANKS subscribed to the within instrument and > comm. # 1639302 acknowledged to me that he/MUM"executed z CALIFORNIA NOTARY PUBLIC •a Cn the same in hispOROMM authorized > LOS ANGELES COUNTY ca acit and that b his/hf� My Comm.Expires Jan.31.2010 : p y �+ y •••••• •••• •' signature( on the instrument the personO, or the entity upon behalf of which the person( ) r; acted, executed the instrument. 5 5 ITNESS m hand and official seal. Place Notary Seal Above Signature otary P ?j N OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Maintenance Bond a h Document Date: Number of Pages: Signer(s)Other Than Named Above: ?' h Capacity(ies) Claimed by Signer t. 5 Signer's Name: Michael R. Langan ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General Attorney in Fact ❑ Trustee h ❑ Guardian or Conservator ❑ Other: Signer Is Representing: INSUPANCE COMPANY OF THE WEST r y 1. - i.`n."�. ©1997 National Notary Association"9350 De Soto Ave.,P.O.Box 2402"Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 No. 0000982 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint MICHAEL R.LANGAN their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereof;the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November,2005. %Q PANt,, y o� ° ��� INSURANCE COMPANY OF THE WEST �eT�ppPPON4% c,° 'F G 4 t EXPLORER INSURANCE COMPANY _ o SEAL_ $ i INDEPENDENCE CASUALTY AND SURETY o.. e" ,"`aro °y a COMPANY fOANIN T? 9 .�} �c,PpMp► `�¢yr � x� Jeffrey D.Sweeney,Assistant Secretary John L.Hannum,Executive Vice President State of California } SS. County of San Diego On November 1,2005,before me,Francis Fafaul,Notary Public,personally appeared John L.Hannum and Jeffrey D.Sweeney,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. FRANCS FAFAUL #1471794 W . SAN 0"0 MFEBR� U9,200e i Francis Fafaul,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing,typing, or photocopying." CERTIFICATE I, the undersigned,Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this �' day of Jeffrey D.Sweeney,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1 l l 1 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. CONSENT OF OWNER SURETY COMPANY ARCHITECT ❑ TO FINAL PAYMENT CONTRACTOR SURETY AIA DOCUMENT 6707 OTHER ❑ PROJECT: 2004-2005 SEWER REHABILITATION PROGRAM TO(Owner) City of Huntington Beach,CA Architect's Project No.:Cash Contract t!1270 Contract For:04-05 Sewer Rehabilitation Program Contract Date:Aug. 1,2005 Contractor:SANCON TECHNOLOGIES,INC. In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the INSURANCE COMPANY OF THE WEST,SURETY COMPANY,on bond of SANCON TECHNOLOGIES, INC.,CONTRACTOR,hereby approves of the final payment to the Contractor,and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to CITY OF HUNTINGTON BEACH, CA,OWNER,as set forth in the said Surety Company's bond Numbered 212 67 23. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this I" day of August,2006. INSURANCE COMPANY OF THE WEST Surety Company Signature o uthorize Represen W ive Attest: Michael R. Langan (Seal): Title Attorney in Fact Note: This form is to be used as a companion document to AIA DOCUMENT G706,CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS,Current Edition AIA DOCUMENT G707•CONSENT OF SURETY COMPANY TO FINAL PAYMENT•April 1970 Edition•AIA® One Page ©1970 9 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 New York Ave.,NW,Washington,D.C.20006 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A State of California ss. County of Los Anqeles On Augus t 1, 2 0 0 6, before me, Katherine L. Banks, Notary Public � Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public') r 2S personally appeared Michael R. Langan �h55 Name(s)of Signer(s) 2e; C?F personally known to me El. proved to me on the basis of satisfactory evidence . ...,...,,,,, to be the person(A) whose name( is/ � KATHERINE L. BANKS < subscribed to the within instrument and Com NOTARY PU�BLLIIC16CALI OORNIA (n acknowledged to me that he/sNOMW executed > LOS ANGELES COUNTY F-' the same in his/I� authorized My Comm.Expires Jan.31,2010 capacityf ), and that by his/ 4700M signature( on the instrument the person(t), or �s the entity upon behalf of which the person( acted, executed the instrument. ,1 W T ESS my hand and official seal. fi Place Notary Seal Above Signature of Notary Pub is WAT S OPTIONAL r Though the information below is not required by law,it may prove valuable to persons relying on the document T h5 and could prevent fraudulent removal and reattachment of this form to another document. r1 > Description of Attached Document Title or Type of Document: Consent of Surety to Final Payment Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer ?� Signer's Name: Michael R. Langan ❑ Individual ARM Top of thumb here ❑ Corporate Officer—Title(s): X ❑ Partner—❑ Limited ❑ General r� M Attorney in Fact ?� �5 ❑ Trustee : P1 ❑ Guardian or Conservator ❑ Other: fiSigner Is Representing: Insurance Ccupany of the West r �!. _ - - - ,l• Ci,;�`i�C:�,�✓,>Ci;���`�C;�c�c,'�C.`GC,'C(;C�.%C<'�=C.`c%C.'GC:cC:C�.C.t;<'.C�:.�.;u 0 1997 National Notary Association•9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 -Now 'Row No. 0000982 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint MICHAEL R.LANGAN their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 1 st day of November,2005. �4E�QYPWY�pr9 v" "'�o�G INSURANCE COMPANY OF THE WEST `�pO1kPRMTg0 4/ o° ze n m x '� EXPLORER INSURANCE COMPANY O SEAL b z } INDEPENDENCE CASUALTY AND SURETY COMPANY °�urom�► ACM � a•� Jeffrey D.Sweeney,Assistant Secretary John L.Hannum,Executive Vice President State of California }County of San Diego ss. On November 1,2005,before me,Francis Fafaul,Notary Public,personally appeared John L.Hannum and Jeffrey D.Sweeney,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. FRANCIS FAFAUL ;f1471794 C� IIO�T-m �y u�IB//��M-ICy&,{FORNA era r` SAS+)y1G�1O �i� j U My Commiabn Iron FEBRUARV 23, Francis Fafaul,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing,typing,or photocopying." CERTIFICATE I,the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this S I day of LA-S`T "-'CY0 J'%�� Jeffrey D.Sweeney,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: CG - /2 70 Project: T6WCA g6N�14 J7?JTrOti" The undersigned contractor on the above-referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage-rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. F� Executed this 3-0 day of , 200( , at 9vplri`-14:mw &4c)4, California. (Type Contractor Name) By: Name: [Type Name] i,4,V4 S,L1oA-`M Title: [Type Title] Se,4—z. AS Me. ic�ati CITY AMRNEY -7LS o3•ab •�o 1 247542.1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Cc-12 70 Project: W,4_ 2 REf 'i�.i�T/nN The undersigned contractor on the above-referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this ?o - day of Ja yg , 200(, at /4,vli110G7 ri l California. /1-iVG ont 7kC1IIVoL (Type Contractor Name) By: 3vo j-Iv4.,L.,Af sItbcrWame:J [Type Name] 5E6.e-ler�e.11 Title: [Type Title] RNE cC;RYA` A ORNE 1 245911.1 � s CONTRACTOR'S CERTIFICATE I, 14 G L iN�,�S ul0i -- l-I , state and certify that: (Name of Declarant) 1. �i9TlGoN TEGl�i�DLofr,ES, vG. is the general contractor to the City of Huntington Beach ("City") on Contract No. Cc: - 1270 (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance witli the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): —NVn1E 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write"NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at AuN-r/NG-lr-✓ -��41-1 on this a IIA� day of ,TUNP- , 2004. S4_�- S'r--G . (Signature of Declarant) APPROVED AS TO FORM By: r s(i-7/4 -l1J 3. Zo•oCQ Name: [Type Name] Title: [Type Title] 1 245914.1 PL EASE COMPLETE THIS INFORMATION �Y RECORDING REQUESTED BY: Recorded in Official Records, Orange County AND WHEN RECORDED MAIL TO: i Tom Daly, Clerk-Recorder WHEN RECORDED MAIL TO: Illllllllllllllllllllllllllllllllllllllllllllllllllilll IIIIIIIIIIIIIIIIINO FEE CITY OF HUNTINGTON BEACH 2O06000401751 10.07am 06115/06 Attn: Robert A. Martinez 120 91 N12 1 P.O. Box 190—2000 Main Street 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 THIS SPACE FOR RECORDER'S USE ONLY - TITLE OF DOCUMENT: NOTICE OF-COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 11 92648, that the contract heretofore awarded to Sancon Technologies, Incorporated who was the company thereon for doing the following work to-wit: I 04-05 SEWER REHABILITATION, CASH CONTRACT-1270 That said work was completed June 5, 2006 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on June 5; 2006, per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract Insurance Company of the West was.surety for the bond given by the said company as required by law --- -- _ — — — -----. ----- -----This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this June 9,2006. Director of Public Works or City Engineer */6ity of Huntington Beach,California STATE OF CALIFORNIA) County of Orange )ss: City of Huntington Beach _ ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NO ICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange Co Dated at Huntington Beach, California,this June 9,2006. ­7.._�J 0, erector of Public Works or City Engineer City of Huntington Beach,California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) - .A nen TITI C OAl.0/07f�C1 RECEIVED BY: S CITY CLERK RECEIPT COPY Return DUPLICATE to 01 14- City Clerk's Office (Name) / after signing/dating -�I-o S (Date) 0 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari�Freidenrich, City Treasurer FROM: M� (n DATE: �/�/�k SUBJECT: Bond Acceptance I have received the bonds forlJ�'n (Company Name) Faithful Performance Bond No. A3 i Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. AoZ 776 MSC No. Approved 16 �G, Agenda Item No. - (Counal Approval Date) City Clerk Vault No. - (DO+O• % #27 g:/followup/bondletter.doc i. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 9, 2005 JOAN L. FLYNN CITY CLERK Sancon Technologies, Inc. 5881 Engineer Dr. Huntington Beach, CA 92649 Re: 04-05 Sewer Rehabilitation Project— CC-1270 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, Joan L. Flynn City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g:foll owu p\cashcont\cash con-letter.doc 1 Telephone:714-536-5227) DECLARATION OF SATISFACTION OF CLAIMS - state:. (Name of Contractor) 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: i and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") I declare under penalty of perjury that the foregoing is true.and correct. Executed at on this day of , 20_. (Location) (Signature of Contractor) A PPRO VED AS TO FORM aE N1FER Mc3RATH,City Attom y g:followup\cashcont\g nrab Suttonshcon2.doc eputy C���� / procedure#15 City of Huntington Beach Department of Public Works 2000 Main StreeVP.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 1 Gentlemen: The undersigned, contractor on: Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature and Title) APPROVED AS TO FORM JEN 1FER M�GRATH,CttyAU m,,), Sarah Sutton f puty Gt Attornry t4y/b g:followup\cashcont\cashcon 1.doc procedure#14 f • • CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR os' TABLE OF CONTENTS Page No. 1. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS,SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18, INDEMNIFICATION,DEFENSE,HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT&TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS,ESTIMATES AND OTHER 16 26. NON-ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 i • CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SAIUCd.-J T-F-G K/Uoc..0G(£S , .l1vC - FOR Otl- QSr SE7w-7-(L 12�E+l�aruTr4r��N �f q-dJF-c�— THIS AGREEMENT ("Agreement") made and entered into this /47 7-A day of 206 by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and 54Ax.v.J Z„Jc- , a California hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as O V _off STW5--2 }7�-oS5-CT in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city const/4-03 1 the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK,• PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agree/forms/city const/4-03 2 0 • C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree/fonns/city const/4-03 3 0 0 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed C+uG rn)LLIoN y-wo 4UNDi2i) STVCJ-r( Irwo 'ri40usAN0 Dollars ($1,2-72.)997,2_0 ), as set forth AfV 9 170L*'.-7-Y C E nn-S in the Contract Documents,to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to Our- 0-.)NDU2 completion within (%D 6Lr-T'r' bo consecutive WoRKtHb DA-Vs- from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agree/fonns/city const/4-03 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/forms/city const/4-03 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/forms/city const/4-03 6 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of p v2 Au"IDtL t D Dollars (S �o O ) per day for each and every working day's delay in completing the work in excess of the number of working/calenda days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/fonns/city consd4-03 7 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 the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agree/forms/city const/4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to i be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such I conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/fomis/city consd4-03 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agree/fomis/city const/4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forms/city const/4-03 11 0 • 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/forms/city consd4-03 12 • • to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant . to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out 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 One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city consd4-03 13 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. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/fonns/city consd4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city consd4-03 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/z %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agree/forms/city const/4-03 16 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section I hereinabove) or.to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach 5",r,,,gW 1,eC WA/o LO C lei S x✓� ATTN: k�:) 3-991 2000 Main Street Huntington Beach, CA 92648 A-1u1r7l1Vl77w 'BE K,#) 04_ .�,Z Q;4 f A 7W.' 30V LL/•V/SreJ+�R7?+� agree/fomis/city const/4-03 17 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms/city const/4-03 1 g shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city consd4-03 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California SA'/1/GP�I T Git'NO L a4/.E_S T�JG By: /wc 17;94wf.DST TD ATTEST: print name ITS: (circle one)Chairman ED ice President Clerk AND By: APPROVED AS TO FORM: print name ITS: (circle one)(Secreta Chief Financial Officer/Asst. City Attorney L Secretary-Treasurer INITIATED AP P OVED: REVIEWED AND APPROVED: Director o lie Works Cifly Administrator agree/forms/city const/4-03 21 I `rX91431 7- SECTION C PROPOSAL for the 04-05 SEWER REHABILITATION PROJECT - CASH CONTRACT No. 1270 in the CITY Y 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 160 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 SCHEDULI item: ) stimatecl: it..:. t ..E........ . ............................. ............ ... Itern.w.la unit:price:::::::::::::::::::::::::::::::::::::::.. :.....x............ ....... ...................................................... ........ .................................. ..... ............ Quan:t'. ...... :: written:inwards: Unit Price: tnt:::::: �Y .......... ........................ ............... ................... ........... ...... ....... . ... ............. ..... . ................ ............................... . ......................... .... . ....... ..... Mobilization of equipment and materials. 1 1 @ Four Thousand Five Hundred_Dollars $ 4,500.00 $ 4,500.00 lump sum No Cents Per lump sum Mobilization of equipment and materials. 2 1 @ Seven Thousand Dollars $ .7,000.00 $ 7,000.00 lump sum No Cents Per lump sum Mobilization of equipment and materials. 3 1 @ Four Thousand Five Hundred_Dollars $ 4,500.00 $ 4,500.00 lump sum No Cents Per lump sum Clean and inspect 8"pipe per Specs. 4 35857 @ Zero Dollars $ 0.60 $ 21,514.20 l.f. Six Cents Per l.f. Clean and inspect 10"pipe per Specs. 5 2216 @ One Dollars $ 1.00 $ 2,216.00 l.f. No Cents Per l.f. Line and inspect 8"pipe per Specs. 6 35857 @ Twenty Four Dollars $ 24.00 $ 860,568.00 l.f. No Cents Per l.f. Line and inspect 10"pipe per Specs. 7 2216 @ Twenty Six Dollars $ 26.50 $ 58,724.00 1.f. Fifty Cents Per l.f. Remove clean-out per Specs. 8 13 @ Five Thousand Seven Hundred Dollars $ 5,700.00 $ 74,100.00 each No Cents Per each Rehabilitation of sewer manholes per Specs. 9 1302 @_One Hundred For Dollars $ 140.00 $ 182,280.00 v.f. No Cents Per v.f. APC placement as required per Specs. 10 425 @ Twenty Five Dollars $ 25.00 $ 10,625.00 sq. yd. No Cents Per sq. yd. C-1 s • PROJECT BID SCHEDULO Item:... .... it.... tQ.. . . Esturiated::::::::::::::::::::::::Iteria.w.. t unit: rtee::::::::::::.....::::......::::::::::::: :::.Ex..nd..d... ........... .....P... ....... .. ......................................... ..................................................... ................. :: ::Quantity:::: written:in:war.ds:::: ::::: i iiit:Price:::::::::Amount::::::: ....... ............ .. ....... ... .... .............. ............... .. ............... . ........................ . ..... ............ ....... .......... Remove and remove MH frame and cover per Specs. 11 10 @ Seven Hundred Dollars $ 700.00 $ 7,000.00 each No Cents Per each Re-open service lateral per Specs. 12 1147 @ Thir Dollars $ 30.00 $ 34,410.00 each No Cents Per each Grind protruding lateral per Specs. 13 28 @ Seven Five Dollars $ 75.00 $ 2,100.00 each No Cents Per each Remodel manhole per Specs. 14 2 @ Eight Hundred Dollars $ 800.00 $ 1,600.00 each No Cents Per each Emergency Maintenance Agreement per Specs. 15 1 @ One Thousand Seven Hundred Fifty—Dollars $ 1,750.00 $ 1,750.00 lump sum No Cents Per lump sum NOT USED 16 @ Dollars Cents Per lump sum NOT USED 17 @ Dollars Cents Per lump sum NOT USED 18 @ Dollars Cents Per lump sum Total Amount Bid in Figures: $ 1,272,887.20 Total Amount Bid in Words: One Million Two Hundred Seventy Two Thousand Eight Hundred Eighty Seven Dollars and Twenty Cents C-2s If awarded the Contract, the undersigned agrees that in the eventithe BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within ten (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 z3jp in the amount of S /o a4 %o which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No.: Date Received Bidder's Si nature C-2 i • LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcoittracfor State Liceirse Class o Work Number By submission of this proposal, the Bidder certifies: 1. That they are able to and will perform the balance of all work, which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange U6 ff�GL� scdo,2/�I¢ , being first duly sworn, deposes and says that he or she is SfG2 E-71,�,' of _5/�,vcoiv 7EG/1A/oW4,!Lr ylyc 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 hid are tr-iLie; ands fiirther� 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. %ttc el,o i-o z,�r /.t. Name of Bidder Signature of Bidder /7(/M7/N.,rrw OArfth' i,,9� 9:2 6H9 Address of Bidder Subscribed and sworn to before me this ILE> day of r, , 200�� N Conrer/oo f 1AU1E1 Notary N�c-Cd�onl , OMW CM*mm My Co .E%Pkft Jul 2,2007 NOTARY PUB NOTARY SEAL C-4 • I • UTILITY AGREEMENT i i HONORIABLE 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 04-05 SEWER REHABILITATION PROJECT; CC-1270, (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. _ 5/�NCOn� I E%GffNO�(04/LrS /iyG Contractor i By Title Date: C-5 i DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? 0 Yes lld"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. SAnicoy.i / �r-G,s�.�Ol o q/trf �i✓L. Contractor By s�C, 7 79 7 -y Title Date: �Jt 05 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 (2) 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 fi-om the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: .5t7�co� T.�cH�o�oriu� i•r�- Bidder Name Business Address City, State Zip (7/Y ) 9a2 - o //sS Telephone Number �r 77'Y0ss State Contractor's License No. and Class 0/ - .2 S- 2 000 Original Date Issued O/ - 3/- 260 1�7 Expiration Date The work site was inspected by AfjKG MtW'I)f-Z of our office on RX« 2a , 2005 The following are persons, firms, and corporations having a principal interest in this proposal: AAIG/l /9,d4-A A-oer7—70 L3o.13 /�o<Li.r�swoain' SE'G. CNuc/l ��rrso.,,s i.�c� �1cs. ��99Gt-/ .Sc.9w�Lri✓' Tit�-,9son6l� 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. SA�1/r0/1/ � G"Cff.✓OLOQ/� /NL. Company Name Signature of Bidder ��Q /fo��i,►••Swo/ZTN Printed or Typed Signature Subscribed and sworn to before me thisi�71Z� day of ` 200 . ICIAN LOCO N C"fMnbftp 01422181 Nft"lW M-capomia NOTARY PUBLIC Omwccurov 2007 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: 2 2- Name and Address of Public Agency Name and Telephone No. of Project Manager: A51)h (W-Vldl (7/0) 576 Z -30 ov -2 0 - «AAA , 8 PipE Contract Amount Type of Work Date Completed 26, /0,OA' Si7ZE-'—F 2. C I Ii Of /-&A, 7,g4.7pi✓ AWa yu.y°�7n rG,ron� 54" CA Name and Address of Public Agency . Name and Telephone No. of Project Manager: P VA k5XO.�1i-c L-V'41 <375-9�(7� Contract Amount Type of Work Date Completed 3. 61 T;' OF LUS Name and Address of Public Agency Name and Telephone No. of Project Manager: 141/L-soA/ L1h-s ( J3) C70 lU/. 1,2? L/Ittnt 15,co tA &xx f 111y.3 Contract Amount Type of Work Date Completed C-10 The following information must be returned with the bid Bidder's name: --y5 Ate✓�oi✓ /mac Ham-o�o��c�-r roc. Bidder's address: .S ��l/ /=..�� ✓LlNn D/1• Phone number: (71Y ) yoz_ Fax number: (71Y Pipeline rehabilitation process (trade name) bid: ,qvt=�r�Lrr� ,!L (Choose only one per Section B- "Instructions to Bidders" #12) Manhole rehabilitation process (trade name) bid: Sf�i✓Co.✓ boo Attach a letter to this sheet from the manufacturer statinri that: 1. The installer (bidder) listed above is factory licensed and trained for pipeline and manhole rehabilitation processes. 2. SDR thickness supplied (minimum thickness SDR 35) 3. Have the ability and will supply the necessary amount of material within the construction time frame. List of three certified laboratories that can perform the required ASTM testing. Laboratory number 1: Name.- Address: a� ,�t-� I�A8,aMov.✓r Ce. IY 07,2_3 Telephone number: (S6Z) 6 33 y�z hl Contact person: 7 Laboratory number 2: Name. Address: Telephone number: (7,'y) C30 ,3 oo3 Contact person: S 'T Laboratory number 3: Name: l�v/� Address: S o r-b-x 0 s o — /. /35W e,4 0cl,- c� y672 3 Telephone number: (614) -5-3/ - Contact person: Cf�A i��tr-s SL,A-/mac 1-7" C-1 1 I.C.W. GROUP ®INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY ❑INDEPENDENCE CASUALTY AND SURETY COMPANY BOND NO. 167 78 57 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, Sancon Technologies, Inc., (hereinafter called the Principal), and Insurance Company of the West, a corporation organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, CA (hereinafter called the obligee) in the just and full sum of ten percent of the total amount of the bid in Dollars ($10%) lawful money of the United States of America, for the payment of which, well and truly to he 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, APRIL 26, 2005 for HUNTINGTON BEACH 04-05 SEWER REHABILITATION 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 19'b day of APRIL, 2005 Sancon Technologies, Inc. 5881 Engineer Drive, Huntington Beach, CA 92649 Phone No: 714-891-2323 BY: Insurance Company of the West 17852 E. 17`h Street,#1 1 1, ustin, CA 92780 Phone No: 714-832-9900 BY: *,4 Michael . Langa Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �y < State of California ss. County of Los Angeles (. On April 19 , 2 0 0 5 before me, Katherine L. Banks, Notary Public (hhi Date Name and Title of Officer(e.g.,'Jane Dce,Notary Public') rj personally appeared Michael R. Langan ?� Name(s)of Stgner(s) ®personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(M whose namelq is/am subscribed to the within instrument and acknowledged to me that he/411641W�executed IIIIIIIIIIIII^71IIIIIIIPIPII,U I,IIIIIIIIIII❑innllll,❑IIIU 1111111I1111IIIIII IIIIIIIIII„IIIIIIII1 ITT:1114 the same In hisARROUM authorized ..° KATHERINE L. BANKS capacity(", and that by his/ #t ?� M. # 1337229 signature( O on the instrument the person , or y`,I. ^" 1 (n the entity upon behalf of which the person(sit)r: � �x —�fi .•_ NOTARY PUBLIC - CALIFORNIA ty p p (sit) * ' LOS ANGELES COUNTY L6A My Comm.Expires Jan.31,2006 acted, executed the instrument. 11111111111111:IIII1111111Illllllllltllllllllllllll lllllllllllllllll,IIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIli II1 �. WITNES my hand and offic Ise g Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: Number of Pages: Signer(s)Other Than Named Above: T Capacity(ies) Claimed by Signer Signer's Name: Michael R. Langan ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General KJ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: INSURANCE CCMPANY OF THE WEST :-c,�,`�.•ci,`�i;`�tS�i;`�t;�,�>�i>`�i>`��,`�i,'cc,`rc>�t>�t;�Z�,`�,`�t7C<s�SCt:`�`�:�;�>`�;�3�i;`�i>�t5�>�i>`�>�L`�t=�G`�.�;�>��,�t;�'a ®1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 No. 0000982 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint MICHAEL R.LANGAN their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001. cQYPAN), �O INSURANCE COMPANY OF THE WEST cx, o,�r Q\NS(Ig4 aG y� �`� opPOR+l y� �, e . x THE EXPLORER INSURANCE COMPANY =e pDAPOufEQ m c o F INDEPENDENCE CASUALTY AND SURETY 06 SEAL COMPANY 'A~qi sae lONA John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California } SS. County of San Diego On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Wiriness my hand and official seal. MAY 13 - ' CDMtiA:#132 131341 A U NOTARYPUBLIC-CAUFORN1A:(A - N SAN 01EGO COUNTY i IDS cormni5ston Expires. 'A_ yy $E�TEMBER 20.'2005. Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN W ITNESS WHEREOF,I have set my hand this__I—I ' - - —day of_ APR J L. Zy0 5 John H.Craig,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1 11 1 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92 1 3 0-2045 or call(858)350-2400. ,3� k american pipe & Plastics P.O. Box 577, Binghamton, New York 13902 Phone 607 775-4340 Inc• Web Site www.am'pipe.com Fax 607 775-2707 May 7, 2004 To AA'`hom It May Cop_cem: r - T L f�A ♦,,...-1, ,a r� +r�i-� yn taller'�'r use .S.c ncon lecnnolo�ieS, 1nC., Of rilini!11-0n Det'v'il, is a Iacavi v ,sensed and trained ns -- AIN, -LIN R Trench?ess PipelLre Rehabilitation Mate 'als manufactured by American Pipe & Plastics, Inc. The Ai,.enican Pipe &-- Plastics' ANI-LINTIER PVC manufacturing facility is located in Kirl,:7wood,NY. The plane's processes/procedures aLd preductien quality control jYer;inspected and evaluated by a seven-member team representing the Joint Cooperative Corrunittee oftlle Southern California ChaptCr of the American Public Forks Association and the Sou'them Cahf'onia Disirict Associated General Contractors of CaL.E=1la t EE_T,-OOK Standard sr-ecificati6ns for Y' bhc Works Construction.1 1Il$�S IPC.tifnn y00 i place OCtClber 3 i, 1994-1 l 7ove'__ber 1, 1994. The seven-meinber inspec*don.team leas composed of the following individuals: Lrsv ector Position Agency Wait Ss loji CliBir, ; 1p.a Rehab i aSli F.3r Ce City ofA i L nor. Div. George Parl u-ison Chair,New Materials Sub Com. City of San Diego, Eng. Div. Huah Lee . Task Force Member City of LA- Structural Eng. Div. Ker-Shin Nung Task Force Member City of LA Stds.Laboratory Jesus Aceves Task Force Member City of LA Contract Adin. Insp. Iraj Asqharzaded Task Force Member City-of San Diego Water Dept. Dave Badgley Task Force Member Factory Rep,AM-L 1NIER American P:ve&Plastics r:anufactures A;'VI-LINER iii an SDR thickness that exceeds the millimum SDR of 35. AM-LI N-ER's standard material is manufactured in SDR 32.5 and SDR 26. American Pipe &- Plastics has adequate manufacturing and storage capacity to provide the required quantity of AM-LPNrER material and will supply&,e amount needed withii-i the constructions tine frame. The fors-nilation for the.A-M-LINER PVC material is patented and has not changed since it passed the specified GREENBOOK chemical resistance testing. - Charles Munson Technical Director • Data Sheet f tt I) - I - ' PATENTED she tree ichless, l �� h il d F- anh llwe serer i eline rehabilitation s s e 0 AM-Liner R is manufactured from a polyvinyl chloride compound s,eclall„ fnrrn10 ted for ninefinea re-hha r y u f N�,rr uviiuuuvi . 0 AM-Loner II is resistant to all normal sewer effluents due to the superior chemical and flame resistant properties of polyvinyl r. chloride. :. 0 AM-Liner II is manufactured to SDR 32.5 and SDR 26 to line sue sewer pipe from 6-inch to 12-inch diameter. �f - 0 AEA-Liner It conforms to ASTM Standards F-1867 and F-1871. e j + l r � _ Coefficient of Linear Thermal Expansion*.....ASTM-D696 4.17 x 10 5 in./in:/°F After installation AM-Linerll forms Tensile Strength.............................................................ASTM-D638 3600 PSI Min. a tight molded fit against the walls Tensile Modulus............................................................ASTM-D638 155,000 PSI Min. of the existing pipeline. Tensile Elongation........................................................ASTM-D638 150% Min. Flexural Strength...........................................................ASTM-D790 4100 PSI Min. Flexural Modulus...........................................................ASTM-D790 155,000 PSI Min. Specific Gravity-.............................................................ASTM-D792 1.28 IZOD impact.....................................................................ASTM-D256 1.2 ft. lbs./in Min. Brittleness Point.............................................................ASTM-D746 32.9 OF 'Tested using a compression molded sample. AM-Liner II is manufactured by American Pipe & Plastics, Inc. P.O. Box 577, Binghamton, NY 13902 EMBfR PH: 607-775-4340 FX: 607-775-2707 ` Web Site: www.tiecnet/ampipe E-Mail: amliner@servtech.com 3V rerrn G9.'9rD t'.0 f7t3C) � • CITY 0= LDS A_ GELES LAB N�. 95-�14-10 DEPA.RTMEh-' OF U&NERAL SERY)ICES Rfi� n 8-30-94 2-21 --9] 233t BOR3iSi pY.nCa ................. Lot A_`*ZLZ%, CA 0-0=1 _� Mr . Robert city Enginaar .... ................................ .................. cc : Mr. Clark W robins Mr . Hugh Lee / Mr. Walter Sh,, ogi cftemic4l Resistance meat of Liner systen At, tr7e reCjLt'zt cl merle al.=6au! ci En,a4-ne,ering� ::t--uct.11ra1 _.nyin3arIn Division , chemical resistance taStS were c074uC,`---d cn a sa-mple of "AM" Liner Sys te;n. The t 3 t specimens we= �;r e- ed aizd su:, s t ti�u ;:y the iT1ZTluiz C t` i'�r J S re-r esentative, MJ. . Delve !e dig ley ,. Project :it2e �� Ti T.ir.'s: JystQm Prc�Pct No . 3D001084 �CtuZ".Z_ ?1 p L- d P iC4 Gaz-S Huck Lee % ri { 1'^e 5�1'1r1zs v 21"3 tQsted we i Sjj change and a`-ter exposure to c ,amical solutions fir, _cceruance wito t;.e Standard Soeci,ications iCr public Works Cons pruct'or, 1994 Editicn, section 210-2 . 3 . 3 , pipe Stiffness, pips: deflection, irnyact, extrusion quality and ash co.r,tant were al-' so daterini.ne-d �E'St rssitlt£ she4tg are at-tachad. -� r' �o r,o�� q�F• � ?Ar7KIN K. jOVASnP7AN General Services/standards Exp. !2 . I I Leib No.: 14-10 Page 'AaaJl. finer 5yv:,eri1 -AW Fcgiti r. ^ugh Lam? a,1 e r AN4-Li9-erDave 1 Sa on 0-2,3.3y 13i lyld J'fV AMLI�;Bf �f.^.d li�,ln- -Et fiwli Coil CId55 l Z i 1 '`. C, 4•/`i't;? 0;lIQr a.ref w is �La.u�1 Cil� f i ✓t,��l�Ypsri��C� er r r �t �z 1{+711...3�v.:� �� fl . I zil����—f kl � 1' y.7r fAf r y 'rT L 1i I...`�(-/!r✓'rev F4r�. � '.II i C25 n/s ! 0 II r r I; Ir'��r�r0l7i(r'Pi7 . l/ur0„1 _ ^� �I r _ 0.001 AY SOfW iOr5 j: -0.007 i t1P, I r•U3 --v•vv� - v �.�r;=Cg I! f1 n ^no I nib I nI 0107 Z� -W0 � nis � MIS 0,006 j .. i •I BI��C.�t, l�. � —0•J4� j il�Pi j flea —�.I)47 l �I I i I i I dab 10•• Gj-51�-t� a �Pay� 3 C�C1'Ii1�Z Q� CL!'�i1�Q ( r;�i Q 1�� 1131' SVS�ai i� 5DGG1 Gr-= Hugh L e f ',°,J?It?r S; 1091 AM-Liner 1 AI ripe �!.stic3 oavt J_ta Ra:�ivecl': 8-3U-�� c �i iu • � v�ryv^=s ��"�ct-;� p:3r soiuticn fcr i_ ;,_fs ,r y � �'= �:.;� �),f�! _ � � '}�7 ) r t '���r,✓if�'Y• r+ , Ili s �I 1 -}•GlJ^ i1Tli'tjr� � T I .I 1 4.:S7 i /�nv/'. V r.••�.f. rnl2(ai Td!)Sl19 JiT�rGa'~I ��; ! ;; — -- I Test o(-- Pi~A� Liner System Ti�1o: "AM' Llr:er System ��bixer; Hugh L9e /I.Walter 5nlo�i hM—!;n r 7 A fig Ari c n; ✓��.� R.r'la ni�.r-$ curs Dav- EadPley Dais R�ceiv�d: 61�V1�; and rSEi^( it@� PVC f'iY@, Call1�1ass 1�j i I -v '4_— --- � -4�-`J 1:: �.,i t 3 1 �,J.r.r.�•r 'r t .:ate";�^�'_,(.t�i'��Y'����V i L i s »i 32,5 'IY11�G•,±rJ3 L/UtJIV� Ufd�� ��, 1!r I 7.974I._h;,ice — Z,`I 'J jl,Vinir:,m MU! Tric�n� , it ! .,�� 0-= G min. StiKness wi .: D�fl�c;iOR, Ysl 9-0 :I: '� mfn' 'i f M D2»"�5 ,2 i .=ia^5nin No Cracking �iASTY r a c _ II I zutaicrf Qu�St f P N r,azlr;n ; AS D 215 2 . �+ i e I." �.i i .. ..:.....,�. ...................... ..is :..::� _ _ �J_ .:I l ;rtaxinuf 1 r?�Grmt Dish, 2.1 C=� /cr 3,'tl5 i f Nci-3 i s Asf1 Coni2ni 7i 5st provides a mean to v@fify tine C r)$4$i�ncy ?f i ij matarlai, it 0rL2s not in any way :a srm,ins iIn tempos tI'.an o 7n icr'a i AM-LINER" PIPE THICKNESS CALCULATIONS City of Huntington Beach 04 . 05 Sewer Rehabilitation Project, cc1270 Thickness Calculations for 8-Inch AM-LINER" PVC Pipe Liner AM-Liner Dimensions Liner Diameter (in.) 8 in Liner Thickness (in.) 0.246 in Liner SDR 32.5 AM-Liner" Physical Properties Initial Tensile Stress (psi) 3600 psi Initial Flexural Strength (psi) 4100 psi Initial Flexural Modulus of Elasticity (psi) 145,000 psi Long-Term Modulus of Elasticity (psi) 58,000,psi Existing Host Pipe Characteristics Existing pipe fully deteriorated Ovality (%) Z% Soil Characteristics Type of Soil clay w = Soil density (pcf) 120 pcf Es = Soil modulus (psi) ! 1000'psi Safety Factor (N) 2.0 H = Max soil height over pipe (ft) 10'ft Hw = Assumed height of water above pipe ft' 7 ft Qq�pf ESS/pN �O �vERICK�� 4e, Y 2 17 XP / /06 SANCON TECHNOLOGIES, INC. 4/19/2005 . . k dlBbne P.E. AM-LINER" PIPE THICKNESS CALCULATIONS City of Huntington Beach 04 . 05 Sewer Rehabilitation Project, cc1270 Thickness Calculations for 8-Inch AM-LINERII PVC Pipe Liner 1. Determine the loading on the pipe using the modified Marston Formula and the Boussinesq Formula Base Equation: Total Load (Wtot) = We + WI Dead Load (Wc) = Cd * w * Bc * Bd (Marston Formula) Cd = loading coeficient Cd = 1 - e"(-2 * ku' * H/l3d) 2 * ku' e = 2.718 H = Height of soil above pipe H = 10 ft ku' = .130 ku' = 0.13 w = soil density (psf) w = 120 pcf l3c = diameter of pipe (in) Bc = 8 in l3d = trench width (ft) T Bd = 2.67 ft Cd = 2.40 Dead Load (WJ We = 510.99 Ibs/ ft. Live load (W,) = C, * P * (1 +If) C, = Live load coeficient (/ ft) for Two Passing Trucks) CI P = wheel load (lb) P = 16,000 lb If = impact factor = .766 -(.133 * H) ( 0 <=1f<=.5) If = 0.00 WI = 129.6 Ibs/ ft. Therefore: Total Load (Wtot = We + WI) Wtot = 640.59 1 Ibs/ ft. QROFESS/0 EPEDERICK 40 N91 r+ z SANCON TECHNOLOGIES, INC. Nit R lYtMede�e` E. '�'",F,CALIF� AM-LINER II PIPE THICKNESS CALCULATIONS City of Huntington Beach 04 . 05 Sewer Rehabilitation Project, cc1270 Thickness Calculations for 8-Inch AM-LINERII PVC Pipe Liner 2. Determine External Pressure on Pipe Base equation: qa (psi) = Yw * Hw .+ Rw * Wc)/D + WIND Where: We = vertical soil load = Ys * H * D) / 144 Modified equation qa (psi) = Yw * Hw * 12in./ft. + (Rw * Ys * H) /144 + WI / D * 12in./ft. where: Yw = Specific weight of water (lb/in A3) Yw = .0361 Ib/inA3 Hw = Height of water above pipe (ft.) I Hw = 7.00 ft Rw = Water Buoyancy Factor = 1-.33(Hw/H) Rw = 0.77 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 = 129.6 lb/ft D = Pipe Diameter (in.) D = 8 in Therefore: External Pressure on the pipe (qa) qa =1 10.79 Psi QROFESS/o ��<c,S��EDER►CK Q N9� os Ole. `^2 c7 = " Gr 6 g z P / /06 0 s SANCON TECHNOLOGIES, INC. ' D15kne E.] ���CA Of i • AM-LINER II PIPE THICKNESS CALCULATIONS City of Huntington Beach 04 - 05 Sewer Rehabilitation Project, cc1270 Thickness Calculations for 8-Inch AM-LINERII PVC Pipe Liner 3. Thickness Required for Buckling Pressure Base Equation qa + C/N * (32*Rw*B'*Es*EI/DA3)^.5 Modify the Base Equation by adding the following substitution: El = Pipe Wall Stiffness Factor = El * (t^3)/12 Modified Equation: t = 0.721 * D * ((N * qa/C)^2/(EI * Rw * B' * Es))A.333 where: I = Moment of Inertia (in^4/in) = t^3/12 t = minimum liner thickness (in) D = Pipe diameter (in) D = 8 Jin N = Safety Factor N = 2 qa = external presure on pipe (psi qa = 10.79 psi Ovality of Pipe (%) 2 % C = Ovality Factor = ((1 - % ovality/100)/(1 + % ovality/100))^3 C = 0.84 -El = Long term modulus of elasticty (psi) El = 58,000 psi Rw = Water Buoyance factor RW_=J 0.96 B' = coefficient of elastic support = 1/(1 + 4* e^(-0.065 * H)) B' = 0.32 Es = Modulus of soil reaction (psi) Es = 1,000 psi H = Height of Soil above pipe (ft) H = 10 ft Minimum thickness required for AM-LINER" is tmin = 0.192 in. Minimum Specified Thickness for this Project is tspec = 0.225 Use Standard SDR 32.5 AM-LINER" with thickness of tstd = in. O�a&pERICk 26 EXP 1/0 a SANCON TECHNOLOGIES, INC. CAL P.E. AM-LINER" PIPE THICKNESS CALCULATIONS City of Huntington Beach 04 - 05 Sewer Rehabilitation Project, cc1270 Thickness Calculations for 10-Inch AM-LINER" PVC Pipe Liner AM-Liner Dimensions Liner Diameter (in.) 10 in Liner Thickness (in.) 0.308 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) 1 145,0001 psi Long-Term Modulus of Elasticity (psi) 58,000 psi Existing Host Pipe Characteristics Existing pipe fully deteriorated Oval ity (%) 2 % Soil Characteristics Type of Soil clay w = Soil density (pcf) 120 pcf Es = Soil modulus (psi) 1000 psi Safety Factor (N) 2.0 H = Max soil height over pipe (ft) 10 ft Hw = Assumed height of water above pipe ft,: 7 ft Q�kpf ESS/0N 4�p�4�pERICN 0/ 4,( 01 ? c 26173 a - EXP 3/31/ 1 � SANCON TECHNOLOGIES, INC. 4/19/2005 d`. IckrDib_9 etto, P.E. AM-LINER II PIPE THICKNESS CALCULATIONS City of Huntington Beach 04 - 05 Sewer Rehabilitation Project, cc1270 Thickness Calculations for 10-Inch AM-LINERII PVC Pipe Liner 1. Determine the loading on the pipe using the modified Marston Formula and the Boussinesq Formula Base Equation: Total Load (Wtot) = We + WI Dead Load (Wc) = Cd * w * Bc * Bd (Marston Formula) Cd = loading coeficient Cd = 11 - e^(-2 * ku' * H/Bd) 2 * ku' e = 2.718 H = Height of soil above pipe H = 10 ft ku' = .130 ku' = 0.13 w = soil density (psf) w = 120 PCf Bc = diameter of pipe (in) BC = 10 in Bd = trench width (ft) Bd = 2.83 ft Cd = 2.31 Dead Load (W J We =1 654.40 I bs/ ft. Live load (W,) = C, * P * (1 +If) C, = Live load coeficient (/ft) for Two Passing Trucks) CI = 0.0100 P = wheel load (lb) P = 16,.000 Ib If = impact factor = .766 -(.133 * H) ( 0 <=If<=.5) If = 0.00 WI = 160.0 Ibs/ ft. Therefore: Total Load (Wtot = We + WI) Wtot = 814.40 Ibs/ ft. 0 QROFESS/0 ��� �aEDERICk a�ql Crz fXR26173 m z 3/ o SANCON TECHNOLOGIES, INC. g@,q p.E. F • AM-LINER II PIPE THICKNESS CALCULATIONS City of Huntington Beach 04 . 05 Sewer Rehabilitation Project, cc1270 Thickness Calculations for 10-Inch AM-LINERII PVC Pipe Liner 2. Determine External Pressure on Pipe Base equation: qa (psi) = Yw * Hw + (Rw * Wc)/D + WIND Where: We = vertical soil load = (Ys * H * D) / 144 Modified equation qa (-psi) = Yw * Hw * 12in./ft. + (Rw * Ys * H) /144 + WI / (D * 12in./ft.) where: Yw = Specific weight of water (lb/in ^3) Yw = .0361 Ib/in^3 Hw = Height of water above pipe (ft.) Hw = 7.00 ft Rw = Water Buoyancy Factor = 1-.33(Hw/H) Rw = 0.77 Ys = Soil Density Ib/ft^3) Ys = 120 pcf H = Height of soil above pipe (ft) H = 10 ft Al = Live load (lb/ft) WI = 160 lb/ft D = Pipe Diameter in. D = 10 in Therefore: External Pressure on the pipe (qa) qa = 10.77 ELsi O QROFESSI �Qk. ��4.DER1�k Oy9 /3 p ^' SANCON TECHNOLOGIES, INC. Nick DiBetneda�P'.`E.] �F_Ca�iF Oa r' AM-LINER" PIPE THICKNESS CALCULATIONS City of Huntington Beach 04 - 05 Sewer Rehabilitation Project, cc1270 Thickness Calculations for 10-Inch AM-LINERII PVC Pipe Liner 3.Thickness Required for Buckling Pressure Base Equation qa + C/N * (32*Rw*8'*Es*EI/D^3)^.5 Modify the Base Equation by adding the following substitution: El = Pipe Wall Stiffness Factor = El * (t^3)/12 Modified Equation: t = 0.721 * D * ((* qa/C)"2/(EI * Rw * B' * Es))^.333 where: I = Moment of Inertia (in^4/in) t"3/12 t = minimum liner thickness (in) D = Pipe diameter_in) D = 10 in N = Safety Factor N = 2 qa = external presure on pipe (psi) qa = 10.77 psi Ovality of Pipe % 2 % C = Ovality Factor = ((1 - % ovality/100�/�+ 0/6ovality/100 "3 C = 0.84 El = Long term modulus of elastict (ps) El = 58,0001psi Rw = Water Buoyance factor Rw = 0.96 B' = coefficient of elastic support = 1/(1 + 4* e"(-0.065 * H)) B' = 0.32 Es = Modulus of soil reaction (psi) Es = 1,000 psi H = Height of Soil above pipe (ft) H = 10 ft Minimum thickness required for AM-LINER" is tmin 0.240�in. Minimum Specified Thickness for this Project is tspec = 0.280 Use Standard SDR 32.5 AM-LINER' with thickness off tsta = sn ��a��EpERI�k Di 9! 291 z UP /3 /O6 It SANCON TECHNOLOGIES, INC. Oc"k.6FB q , P.E. • 100 EPDXY/URETHANE COATING SYSTEM ■ Designed for Sanitation Systems + ■ High Build, Flexible, Non Shrinking i Bonds to Damp Concrete Product Description Deteriorated concrete surfaces Sancon 100 is a two coat must be cleaned by high coating system for pressure water to sound con- protectiveChemical Resistance @ 70°F Crete. The surface must be free concrete which uses a high Acids adhesion and moisture tolerant of oil, grease, soft concrete or a epoxy base coat and a high existing coatings. 50/°.. Sulfuric build polyurethane elastomer Steel. Steel surfaces require grit 43% Phosphoric top coat. The resulting system blast to near white metal. _37% Hyd'roch16 ric.a. FC provides the adhesion of (SSPC SP-10) Primer must be epoxy and the flexibility 50%_Acetic applied to a dust free surface of polyurethane. prior to surface rust appearing. 15% Chromic FG' Recommended Uses Application 14% Nitric FC Sancon 100 was specifically Concrete. Epoxy and polyure- Bases developed for protecting thane are applied through plural concrete and steel surfaces 25'/° Sodium H .droxide component equipment which Y exposed to the corrosive and mixes both components before 20'/° Potassium Hydroxide abrasive environment of the spray gun. Both materials sanitary systems. The typical 29% Ammonium Hydroxide are applied in one continuous application involves coating coat until the desired thickness below grade concrete in a live is reached. Recommended Salts sewer condition. thickness for the epoxy coat is 20% Sodium Chloride: between 1 to 2 mils. Recom- Characteristics 1% Ferric ride_ mended thickness for the � Chlo ' The Sancon 100 system is polyurethane is between 60 and a fast drying and fast curing 125 mils depending on the Hydrocarbons protective lining which develops particular service requirements Soaps and Detergents high bond strengths to both dry and the surface profile. and damp concrete. It contains Petroleum Oils; no solvents to evaporate, Application of the polyurethane Vegetable Oils therefore, no drying shrinkage must take place prior to the occurs. epoxy becoming tack free. Solvents Not Recommended Where the coating application Sancon 100 polyurethane cannot be completed in one Weathering Discoloration, No remains flexible throughout its continuous operation, or where Physical Degradation life, yet is highly resistant to a second coat of polyurethane abrasion and impact. is needed, a 1 to 2 mil thick I—Immers.bon FC=Frequent Contact prime coat of epoxy must be Surface Preparation used for the adhesion of the - Concrete. No surface prepara- polyurethane to the cured tion is required on clean polyurethane. concrete surfaces free from curing compounds, oils, Steel. Steel surfaces require existing coatings or other polyurethane primer in lieu foreign materials. Grit blasting of epoxy. Primer thickness is required where the coating should be 1 to 2 mils. Recom- is subject to immersion service. mended thickness on steel is between 40 to 60 mils. Newly placed concrete or gunned mortar may be coated as soon as the initial set. M Sancon 100° Physical ,Properties : . . Warranty The technical data contained Epoxy PO_Iyurethane. herein is accurate to the best of Type; Modified Amine Aromatic ` our knowledge. Sancon Engineering, Inc. warrants coat- :` Components 2 2 ings that are presented herein, 'Color Purple Tan meet their formulation Application Plural spray':_. Plural Spray. standards. No other warranty is expressed or implied, including Mixing Ratio 2:1 3:1; warranties of merchantability, Pot Gfe, Mass 15 Minutes,. 0.5 Minutes fitness and coverage for a par ticular purpose. Published Standard Thickness 2-5 Mils 60 125 Mils technical data and instructions Cure`To'Tack Free 2 Hours,@,70°F 30:Min @ 70°F are subject to change without Minimum Cure`Time notice. Contact Sancon For.Subrnersion 4Hours,@70°F 4 Hours @ 70°F\ Engineering for current techni- cal data, instructions and Chem Recoabng Time 2 Hours @ 70°F 30 Min. @ 70°F;,: ical resistance. Application Surface Temperatures 50°F„ 150°F,' 32°,F;'150°F Makimu'm-Service Temperature ,250°F Dry 2500 F Dry 140"IF Wet 140°F Wet Typical Coverage Ori'New'Concrete ". 200 s.f./gaL`" 1200 sf/gal./mil @ 5Mils Combined Weight' 9.6 Ib./gaL 10.8 1b:Zgal , Flash Point: >.400°F > 400- Thinning None None Shelf'Life 1 Year 1 Year Transport Index Non-Hazardous Non Hazardous'; ENGINEERING INC. 5841 Engineer Dr. Huntington Beach, CA 92649 (714) 891-2323 (800) 726-2664 r � • SANCON ENGINEERING, INC. GENERAL ENGINEERING CONTRACTOR Tel: (714)891-2323 STATE CONTRACTORS LICENSE#731797 Fax: (714)891-2524 April 19, 2005 TO: Whom It May Concern RE: Manhole Liner and Installer Certifications This is to certify that Sancon Engineering, Inc. is the manufacturer and sole installer of Sancon 100 Polyurethane. All applicators are fully trained and have successfully completed our certified applicator training course. All applicators currently employed by Sancon Engineering, Inc. have a minimum of 5 years of experience in the application of Sancon 100 polyurethane protective coating. Sincerely, SANCON ENGINEERING, INC. 1N� A4+x'� Bob Hollingsworth Secretary 5841 Engineer Drive Huntington Beach, CA 92649 SANCON ENGINEERING, INC. GENERAL ENGINEERING CONTRACTOR Tel: (714)891-2323 STATE CONTRACTORS LICENSE#731797 Fax: (714)891-2524 April 19, 2005 TO: Whom It May Concern RE: 04-05 Sewer Rehabilitation Project, Cash Contract No. 1270 Manhole Liner Material Availability This is to certify that Sancon Engineering, Inc. is the manufacturer of Sancon 100 polyurethane protective coating. We do hereby certify that all necessary material for the manhole lining portion of the above referenced project can be delivered to support meeting the 160 working day completion time for this project. Sincerely SANCON NGINEERING, INC. Bob Hollingsworth Secretary 5841 Engineer Drive Huntington Beach, CA 92649 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) L,:O. Me CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sha0f reidenrri�ich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance have received the bonds for \, Win) �Ca�INOLO��L= l (Company Name) Faithful Performance Bond No. A,3 Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. f o� MSC No. Approved Agenda Item No. (Coun it Approval Date) // City Clerk Vault No. — (O00• #27 glAollowup/bondletter,doc 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: 213 67 23 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,as Obligee,hereinafter called Owner, in the amount of ONE MILLION,TWO HUNDRED SEVENTY-TWO THOUSAND,EIGHT HUNDRED EIGHTY-SEVEN AND 20/100 DOLLARS($1,272,887.20),for the payment whereof Contractor and Surety bind themselves,their heirs,executors, administrators,successors and assigns,jointly and severally, firmly by these presents. WHEREAS,Contractor has by written agreement dated on or about MAY 16,2005,entered into a contract with Owner for 2004-2005 SEWER REHABILITATION PROJECT,CASH CONTRACT#1270 in accordance with drawings and specifications prepared by the current edition of Standard Specifications for Public Works Construction, (or the Architect employed by the City) which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be,and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations thereunder,the Surety may promptly remedy the default,or shall promptly (1) Complete the Contract in accordance with its terms and conditions,or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,and upon determination by Surety of the lowest responsible bidder,or,if the Owner elects,upon determination by the Owner and Surety jointly of the lowest responsible bidder,arrange for a contract between such bidder and Owner,and make available as Work progresses(even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the contract price;but not exceeding, including other costs and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof. The term"balance of the contract price," as used in this paragraph,shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two(2)years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs,executors,administrators or successors of Owner. Signed and sealed this 16`'day of May,2005 . SANCON TECHNOLOGIES, INC. 5881 Engineer Drive Huntington Beach,CA 92649 -ED (Seal) (WITNESS) By: 5�5 CR_,e_7rA (Title) INSURANCE COMPANY O=TREWEST (WITNESS) By: Michae Lang Atto y-In-Fact APPROVED AS TO FOR10 IFER bGJAT�Hi ty A}+.>t N Sl;r/os • • ICW GROUP MURANCE COMPANY OF THE WEST THE E"LORBR INSURANCE COMPANY MEPENDF.NC E CASUALTY AND SURETY COMPANY 12455 El Cameo Bed Son 0bgs,Ca 92139-2M BOND# 2! 3 6 -7 Z 3 TERRORISM COVERAGE DISCLOSURE The Terrorism Risk Insurance Act of 2002(the"Act')establishes a program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on the premium. Under the Act, insurers are required to provide coverage .for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90"/0 of the amount of covered losses caused by certain acts of terrorism that is in excess of the statutorily established deductible for that year. The Act also caps the amount of terrorists-related losses for which the Federal Government or an insurer can be responsible at $100,000.000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in the overall premium. • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. } County of Los Angeles h h ' On May 16, 2005 before me, Katherine L. Banks Ngtary P_ubl is Date Name and Title of Officer(eg..'Ane Doe.Notary Pbbfic") t personally appeared Michael R. Langan Name(s)of Signer(s) <<, M personally known to me r; ❑ proved to me on the basis of satisfactory evidence f �mmnmmmnnnnnm+mlmmnmmmtrtx+nwx,nnn�^mumxMt�nnw„nmrom x. KATHERINE L. BANKS to be the person(X) whose nameO isk COMM. # 1337229 X subscribed to the within instrument and tee, NOTARY PUBLIC CALIFORNIA acknowledged to me that hePNW&)4WyKexecuted ''^ LOS ANGELES COUNTY �1 > the same in his My comm.Expires Jan.31,2006 SIR authorized capacity(im), and that by IZuuwuuuwnluuauuuutnwuuluwuuwuuumumumwuwxtxuatwuuuuluwuuu h I S/ #IRBhX signature,1J5) on the instrument the person(x), or the entity upon behalf of which the person(x) acted, executed the instrument. WITNESS my hard and o ial sea). e. Place Notary Seal Above Signature of Notary Public OPTIONAL ;> Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Performance Bond Document Date: Number of Pages: 1 Signer(s) Other Than Named Above: r' Capacity(ies) Claimed by Signer �5 Signer's Name: ci ❑ Individual • i5 Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General 0 N Attorney in Fact ❑ Trustee ❑ Guardian or Conservator h I; ❑ Other: 5 h Signer Is Representing: 1,NSURANCE COMPANY OF THE 9 P 9� WESTYJ 5,`�7G'C..--C,��.`CC,�C.I`GC,`c(.`CC,`G,'CC,r-C.C'�.i_t.� �✓'..c_:�_��-,c,�,.. ::C:,.0 - ..-, .,-., 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chals orlh,CA 91313-2402•www.nahonalnotary.org Prod.No.5907 Reorder Call Tall-Free 1-800-876-6827 • ICW GROUP No. 0000982 • Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence.Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That hisurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint MICHAEL R.LANGAN their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001. 4EgOVPAMYOFl tHSUq� JALTr M'e� INSURANCE COMPANY OF THE WEST �j NroMf y'" ��4�pPOR'�T yo a. 4 THE EXPLORER INSURANCE COMPANY ��ea Fo m z SEAL �e INDEPENDENCE CASUALTY AND SURETY — � m r > 4(4ftH 0P y d:6,� COMPANY OMA fkftaMt dyl *fir �O�Nr 7?+ John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California ss. County of San Diego On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. MM COBS . ` '' C011HM.#.1321341 �y U NOTARYP08LIC-CALIFORIIIA:N SAN 01EW CO�}NTY yy mis n V i M .Comsion Expires. _. SEPTEMBER 20.2005 Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing, or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this 16*1'l'day of John H.Craig,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1 1 1 1 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92 1 3 0-204 5 or call(858)350--2400. I.C.W.GROUP Bond No.213 6 11455 EL CAMINO REAL,SAN DIEGO,CA 30 2045P.0.BOX 85563,SAN DIEGQ CA 92186 5 (619)350-2400 FAX (619)350-2707 LABOR& MATERIAL PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLV 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 CEACH as Obligee,hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ONE MILLION, TWO HUNDRED SEVENTY- TWO THOUSAND, EIGHT HUNDRED EIGHTY-SEVEN AND 20/100 DOLLARS ($1,272,887.20), for the payment whereof Principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has by written agreement dated on or about MAY 16'b, 2005 entered into a contract with Owner for 2004/2005 SEWER REHABILITATION PROJECT, CASH CONTRACT #1270 in accordance with drawings and specifications prepared by the current edition of Standard Specifications for Public Works Construction(or the Architect employed by the City) which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly made payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, and if the Contractor or his subcontractors shall pay(a)amounts due under the Unemployment insurance required to be deducted, withheld and paid over to the Employment Development Department from the wages of the employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then this obligation shall be void;otherwise it shall remain in full force and effect,subject,however,to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor,material or both,used or reasonably required for use in the performance of the Contract,labor and material being construed to include that part of water,gas,power,light,heat,oil,gasoline,telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a period of ninety(90)days after the date on which the last of such claimant's work or labor was done or performed,or materials were furnished by such claimant,may sue on this bond for the use of such claimant,prosecute the suit to final judgment for such sum or sums as may be justly due claimant,and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant,other than one having a direct contract with the Principal,shall have given written notice to any two of the following: The Principal, the Owner,or the Surety above named,within ninety(90)days after such claimant did or performed the last of the work or labor,or furnished the last of the materials for which said claim is made,starting with substantial accuracy in the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail,postage prepaid, in an envelope addressed to the Principal,Owner or Surety,at any place where an office is regularly maintained for the transaction of business,or served in any manner in which legal process may be served in the state in which the aforesaid project is located,save that such service need not be made a public officer. b) After the expiration of one(1)year following the date on which Principal ceased Work on said Contract,it being understood,however,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project,or any part thereof,is situated,or in the United States District Court for the district in which the Project,or any part thereof,is situated,and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder,inclusive of the payment by Surety of mechanics'liens which may be filed of record against said improvement,whether or not claim for the amount of such lien by presented under and against this bond. 5. In case suit is brought upon the payment bond,the surety will pay a reasonable attorney's fee to be fixed by the court. Signed and sealed this 16th day of May,2005 Sancon Technologies, Inc., 5881 Engineer Drive, Huntington Beach,CA 92649 (Principal) (Seal) S� '� (Witness) (Title) INSURANCE COMPANY OF WEST By: Michael R. L gan,A orney ' act APPROVED AS TO FORM; NIFER McGRATH,City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT '1 } State of California r County of Los Angeles ss. On May 16, 2005 , before me, Kath.exine Lank N to v Pi-thuc Name and Title of Officer e. Date ( g..'Jan Doe.Notary PutAf") personally appeared Michael R. Langan ' Narne(s)of Signers) n personally known to me Cl proved to me on the basis of satisfactory evidence mmmnnmm�nmm�nxmmllnmwunaulnl"n""m"u"y"wnu"lmnnn°Imr4 to be the person(si; whose namek) isilm KATHERINE L. BANKS subscribed to the within instrument and ` ` NU; COMM. 1337229 acknowledged to me that he/ executed M "� " '' "� NOTARY PUBLIC -CALIFORNIA in g } > �.i the same in his/ authorized r; lOS AN.GELES COUNTY 1-+ ti My Comm.Expires Jan.31,2006 € capacity(iw3o, and that by his/tk�C r, signature(x)on the instrument the person(, or s the entity upon behalf of which the person(* `> acted, executed the instrument. t WITNESS my hand and official seal. .�' Place Notary Seal Above Sign ure of o ary Public r5 tl OPTIONAL 5 Though the information below is not required by law,it may prove valuable to persons relying on the document `5 and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document s, Title or Type of Document: Labor and Material Payment Bond Document Date: Number of Pages: r, IS f� Signer(s) Other Than Named Above: S, z� Capacity(ies) Claimed by Signer ?! �'. Signer's Name: _ c P [-IIndividual Top of thumb here l} ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General z; LX Attorney in Fact ❑ Trustee r5. ❑ Guardian or Conservator S ❑ Other: `1 Signer Is Representing: INSURANCE COMPANY 0k' THE. WVEE T j z� 0 1999 National Notary Association-9350 De Solo Ave.,P.O.Box 2402-Chatsworth.CA 91313-2402•www.natlonalnotary.org Prod.No.5907 Reorder:Can Toll-Free 1-600-676-6627 ICW GROUP No. 0000982 Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized tinder the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint NHCHAEL R.LANGAN their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001. ,�pOt�PdMY tNSUq �" M'om INSURANCE COMPANY OF THE WEST ?� Fal�¢ e4•�oa°Oq�rgy0 q F THE EXPLORER INSURANCE COMPANY a!`*OOII►OR A O F SEAL ra m a INDEPENDENCE CASUALTY AND SURETY a+/mtt.»R �+q� `tea ?y a COMPANY catxatnt�� Hl 1rN O,yr � t,� John H.Craig,Assistant Secretary John L.Hatmum,Executive Vice President State of California }County of San Diego SS. On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. MARY COBS Qo:.SEPTEMBER COMM:#13211 .NOTARYPUSLIC;GALIFGRNIASAN DIEGO.COUtdTYMyyComrni sstonExpires es 20.2005 Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of.Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing,or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this /6 day of_ �} �f. John H.Craig,Assistant Secretary To verify the authenticity of this Power of Attorney you may call I-800-877-1 1 11 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. Company Profile • Page 1 of 2 Company Profile INSURANCE COMPANY OF THE WEST PO BOX 85563 SAN DIEGO, CA 92186-5563 800-877-1111 Agent for Service of Process JAMES III W. AUSTIN, 11455 EL CAMINO REAL SAN DIEGO, CA 92130-2045 Unable Locate the Agent for Service of Process? Reference Information NAIC #: 27847 NAIC Group #: 0922 California Company ID #: 2071-9 Date authorized in California: May 17, 1972 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CALIFORNIA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary_. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof utl.get_co_proPp_... 5/23/2005 Company Profiles • Page 1 of 1 CompanyList For more information on any company, click the Company Name "Info" link. To view all companies in the same group, click the NAIC group number. Company Name State of NAIC NAIC Group Name Domicile Number Number Type V SURANCE COMPANY OF CA J1 27847 j 0922 Legal HE WEST Info_ Name Record 1 New Search'.,:` Last Revised-November 04,2004 11:18 AM Copyright©California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_list$co_list_mc.actionqu... 5/23/2005 CORD CERTIFICA E OF LIABILITY INSURANCE 05/(16/2 05) �4 PRODUCER (818)876-3300 FAX (818)876-3321 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Poms & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 24025 Park Sorrento, Ste. #110 ��-� HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Calabasas, CA 91302 Mary Healy Pavlo T LI INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: Virginia Surety Company, Inc. Admitted A/D Sancon Technologies, Inc. fV- INSURERS: Ins. Co. of the State of PA Admitted A++/Xl 5881 Engineer Drive INSURERc: American Int'l. Specialty Lines A++/XV Huntington Beach, CA 92649 4/9/0 INSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rA DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS INqRrGENERAL LIABILITY 1CG50113201 10/01/2004 10/01/2005 EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL REN LIABILITY DAMAGE TO TED $ 50 r 000 IR CLAIMS MADE U OCCUR MED EXP(Any one person) $ 51000 PERSONAL&ADV INJURY $ 1,000,000 nX GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 POLICY X PRO- AUTOMOBILE JECT AUTOMOBILE LIABILITY ICA50113301 10/01/2004 10/01/2005 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 11000,000 ALL OWNED AUTOS _ BODILY INJURY SCHEDULED AUTOS (Per person) $ A X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) X Comp/Coll Ded. PROPERTY DAMAGE $ $1,000 (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY 4204-2029 10/01/2004 10/01/2005 EACH OCCURRENCE $ 4,000,000 _X] OCCUR a CLAIMS MADE AGGREGATE $ B $ 4,000,000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND ICW50113101 10/01/2004 10/01/2005 WC STATUCRY LIMIjS I orHER - EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1,0001000 A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 1 $ 1,000,000 THER CPL1176136 10/01/2004 10/01/2005 CLAIMS MADE POLICY ontractor's Pollution C Liability (CPL) $1,000,000 Per Occ/Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS e: 04/05 Sewer Rehab Project, CC1270 t is agreed that The City of Huntington Beach, its agents, officer and employees are named s Additional Insured per the attached endorsement. It is further agreed insurance is primary and aiver of Subrogation applies - per attached endorsements. 10 Days notice of cancellation shall apply for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL*MX0(M)S MAIL .• 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. City of Huntington Beach XKKomJWiKXI[&x"xIfxmxx*lIM*Xx)"XJOXMX*XXXXX. P.O. Box 190 *X*K*"N*Xx*Nmx4okvomxWMYMXXXXXXXX. Huntington Beach, CA 92648 AUTHORIZED REP ESENTATIVE 1 -1)-s Tri FQRM- / le�Ad__� 1. ACORD 25(2001/08) ©ACORD CORPORATION 1988 NNIFER McGR LTH,, City Attorney 5 City of Huntington Beach Certificate issued to City of Huntington Beach 05/16/2005 Poms & Associates 05/16/2005 Virginia Surety Company, Inc. - Admitted A/IX Policy No. 1CG50113200 Additional Insured - Owners, Lessees or Contractors (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY PART SCHEDULE Name of Person or Organization: The City of Huntington Beach, its agents, officer and employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. ISO ENDORSEMENT #CG 20 10 11 85 05/16/2005 ADDITIONAL INSURED - PRIMARY WORDING Company: Virginia Surety Company, Inc. Endorsement Effective: October 1, 2004 - 12:01 a.m. Insured: Sancon Engineering, Inc./Sancon Technologies, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM ADDITIONAL INSURED - PRIMARY WORDING Name of Person or Organization: The City of Huntington Beach, its agents, officer and employees The following changes are made to Section IV - Commercial General Liability Conditions: The following is added to Condition 4. Other Insurance as subparagraph d. Additional Insured: d. Additional Insured City of Huntington Beach Certificate issued to City of Huntington Beach 05/16/2005 Poms & Associates Where you have entered into a written contract or agreement to name a person or organization as an insured under this coverage part and that written contract or agreement requires this insurance to be primary and noncontributory, we will not seek contribution from any other insurance unless the "Amendment of Other Insurance Condition" CG 00 55 03 97 endorsement applies. 05/16/2005 Waiver of Subrogation - Workers' Compensation Company : Virginia Surety Company, Inc. Policy Period: 10/1/04 - 05 ATTACHED TO AND FORMING A PART OF POLICY NUMBER 1CG50113201 ENDORSEMENT EFFECTIVE 10/1/04 (Standard Time) 12:01 a.m. Producer: CPG/Spec. Risk Resources Ins. Agency, Inc. INSURED: Sancon Technologies, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Name of Person or Organization: The City of Huntington Beach, its agents, officer and employees We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under. a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule WHEN REQUIRED BY WRITTEN CONTRACT AND EVIDENCED BY CERTIFICATE OF INSURANCE ON FILE WITH THE CARRIER. AUTH RIZE PRESENTATIVE DATE WC CPG 7(3/02) . s City of Huntington Beach Certificate issued to City of Huntington Beach 05/16/2005 Poms & Associates 05/16/2005 GENERAL LIABILITY - WAIVER OF SUBROGATION WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE _. Name of Person or Organization: The City of Huntington Beach, its agents, officer and employees (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. ISO Endorsement CG 24 04 10 93 05/16/2005 ADDITIONAL INSURED - AUTOMOBILE Virginia Surety Company, Inc. 10/1/04 - 05 ATTACHED TO AND FORMING A PART OF Policy No.. ICA5O1133O1 ENDORSEMENT EFFECTIVE: 10/1/04 INSURED: Sancon Engineering II, Inc./Sancon Technologies, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM ADDITIONAL INSURED WHERE REQUIRED UNDER CONTRACT OR AGREEMENT Name of Person or Organization: The City of Huntington Beach, its agents, officer and employees City of Huntington Beach Certificate issued to City of Huntington Beach 05/16/2005 Poms & Associates The following is added to Section II - Liability Coverage, A. - Coverage, 1. Who Is An Insured: d. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: 1. The coverage or limits of this policy, or 2. The coverage or limits required by said contract or agreement. UTHORIZED REPRESENTATIVE DATE CA CPG 4 (3102) 04/05 SEWER REHABILITATION PROJECT CC-1270 BID DATE: APRIL 26, 2005 @ 2PM Engineer's Estimate: $1.5 MILLION BID LIST BIDDER'SA"T RANK ;., TOTAL BID AMO.UNT; 1. A.J.Fistes Corporation $ 2. Alliance Integration, Inc. $ 3. Charles King Company $ 4. Inland Concrete Enterprises $ 5. Insituform Technologies,Inc. � $ �j 6. Re-Pipe California,Inc. $ 7. Sancon Engineering,Inc. $ nn d� 8. Southwest Pipeline Corporation $ 9. W.A. Rasic Construction Co. $ 10. Wesco Infrastructure Technologies Z/ $ pp 11. Zebron Contracting $ 12. $ a� 13. $ 14. $ • 11 MUN Ci p CH CA 1Q0 26 p r V s i F. i t i'ITY OF HUINTiNGTO N, BEA('11, (;A - NOTICE INVITING 2005 APR 15 P 12: 2 8 SULED BIDS C-1270 PROOF OF PUBLICATION hereby Noticee is s h hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington STATE OF CALIFORNIA) Beach, CA ,o 92648, until the hourf 2:00 PM on Tuesday; April 26, 2005, ) ss. at which time bids will. COUNTY OF ORANGE ) re opened publicly and read aloud in the Council Chambers for the 04-05, SEWER REHABILITATION PROJECT in the City of; am a Citizen of the United States and a "onset of plans; . A set of plans; speci-, resident of the County aforesaid; I am documentsdmaytract bel obtained starting Marchl over the age of eighteen years, and not a_ _ _ 28, 2005, at City Hall, -Department--of--Public " party to or interested in the below entitled Works upon receipt of a -- non-refundable fee of matter. I am a principal clerk of the $25.00; sales :tax in-1 eluded, ii picked up or HUNTINGTON BEACH INDEPENDENT, $3Eacch if shal be made on the Proposal Form' _ a newspaper of general circulation, provided in the contract• documents, and shall be printed and published in the City of accompanied by a cer- tified or cashier's check Huntington Beach, County of Orange or a bid bond for not. less than 10% of the State of California and that attached amount to bid,made , payable to the.._City of Huntington Beach.'The Notice is a true and complete copy as Contractor shall, in the the work was printed- and published in the erforimp ovfements, conform to the Labor Huntington Beach issue of said Code of the State of California . and other newspaper to wit the Issue(s) of: Laws of the State of California applicable thereto, with the ex- ception only of .such variations.that may be required under, the special'.statutes pursu- ant to which proceedings hereunder are taken and which. have not been MARCH 24,31,2005 i superseded by the provisions of the.Labor Code. Preference to APRIL 7,2005 labor shall be given only, in the manner provided bylaw._-' No bid. shall,be con- sidered unless it is made on a form furnished by declare, under penalty of perjury, that the City of Huntington Beach, Department of the foregoing is true and correct. Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be Executed on APRIL 7,2005 ' licensed and also ! prequalified as required by law. at Costa Mesa California. The City Council of the � City of Huntington Beach' reserves the right toi ' reject any or all bids. By order of the City: ` Council of the City of i Hu ' Huntitin ton Beach, Cali- fornia the 20th of I Signature Septem er 2004, by ,7 Jdclk6! Flynn City Clerk of the City of a Huntington Beach 2000 Main Street. Q14)536-5431 Published Huntington Beach Independent March`24, 31, April 7, ZOOS 034-593 NUPJ)j j�J f ,f NOTICE INVITING G T Ur"4 BE 4 c C y SEALED BIDS PROOF OF PUBL%T ON for CC-1270 APR. S f Notice is hereby given ,•+ that sealed bids will be received by the City of Huntington Beach at they office of the City Clerk STATE OF CALIFORNIA) at City Hall, 2000 Main, Street,. Huntington Beach, CA 92648, until' ) ss, the hour of 2:00 PM on COUNTY OF ORANGE ) Tuesday, April 2 will at which time bids will be opened publicly and read aloud in the Council Chambers for the 04-051 SEWER REHABILITATION' am a Citizen of the United States and a PROJECT in the City ofi resident of the County aforesaid; I am Huntington pplansh A set of speci- fi —over the age of ei hteen years, and not a s, and contract' documents may be; - _9 _ --_� _-- obtained starting-March l_ Deparrtme ---- — _--— — party to or interested in the below entitled 2e, tme at City Hall, at of Public, matter. I am a principal clerk of the Works upon receipt of non-refundable fee of HUNTINGTON BEACH INDEPENDENT, $25'QD, sales tax in-:I cluded::if picked:up,or a newspaper of general circulation, $3 Each if mailed: � Each bid shall be made 9 on the Proposal Form printed and published in the City of provided in the contract ;documents,and shall be l Huntington Beach C of Oran a :accompanied by a cer- tified or cashier's check State of California, and that attached le a bid bond for not Hess than 10% of the amount of the bid,made Notice is a true and complete copy as payable to the City of Huntington Beach. The was printed and published in the Contractor shall, in the performance of the work Huntington Beach issue of said and improvements, conform-to the Labor of newspaper to wit the Issue(s) of: Code California, and, otherer Laws,of the State of California applicable thereto, with the ex- ception ,only of such variations that may be required under the special statutes pursu- ant to which proceedings MARCH 24 r 31 ,2005 hereunder are taken and which have not been APRIL 7 2005 superseded by the r provisions of the.Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be con- declare, under penalty of perjury, that sideofor rm fu mess>jts r nished mad 6y on a f the City of Huntington the foregoing is true and correct. Beach, Department Public Works, and is is made in accordance with the provisions of the proposal requirements. Executed on APRIL .7�2005 Each bidder must be licensed, and also at Costa Mesa, California. byelaw l+fied as required + The City Council of the City of Huntington Beach ',reserves the right to ',reject any or all bids. ✓� ;; By order of the City Council of the City of Signature Huntington Beach, Cali- forma the 20th of September 2004, by Resolut.o. 004-81. Jogn?L.Flynn City Clerk of thieCity of Huntington Beach 2000 Main Street. ; (714)536-5431 Pulilished Huntington BWach.�Indepe'ndent March'.24, 31, April 7, `005 034-593; a NOTICE INVITING SEALED BIDS for CC-1270 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PM on Tuesday, April 26, 2005, at which time bids will be opened publicly and read aloud in the Council Chambers for the 04-05 SEWER REHABILITATION PROJECT in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting March 28, 2005, at City Hall, Department of Public Works upon receipt of a non-refundable fee of$25.00, sales tax included, if picked up or$35.00 if mailed. Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 20th of September 2004, by Resolution 2004-81. Joan L. Flynn City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 1270 nib clerk -OUCITY OF HUNTINGTON BEACH 2000 Main Street P . O . Box 190 Huntington Beach , CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Joan Flynn Date: March 17, 2005 To: City Clerk's Office Project/C.C. No.: C.C. No. 1270 2000 Main Street Regarding: 04-05 Sewer Rehabilitation Project Huntinqton Beach, CA 92648 ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item# I Copies I Pages. I Description 1 2 1 Notice Inviting Sealed Bids 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: On March 16, 2005, the Public Works Commission recommended the advertisement of the 04-05 Sewer Rehabilitation Project, CC-1270. Please find attached the Notice Inviting Sealed Bids for this project. Please have this advertised for the following three (3) days: 03/24, 03/31, and 04/07. The bid opening is scheduled for 04/26. Please contact me at 536-5259 with any questions you may have. c: By: 24 Steve Krieger, Civil Engineering Assistant GACONSTRUCTION CONTRACTS(CCS)\CC1270\1270TRANSTOCLERK.DOC Esparza, Patty From: Esparza, Patty Sent: Thursday, March 17, 2005 4:56 PM To: 'mike.sletten@latimes.com' Subject: FW: Cc 1270 NIB Hi Mike -Attached is a Notice Inviting Sealed Bids to be published 3 weeks - 3/24, 3/31 and 4/7. Our fax machine is currently broken. Please email a return notice so I know you have received. Thanks! Patty Esparza City of Huntington Beach -----Original Message----- From: Krieger,Steve Sent: Thursday, March 17, 2005 4:50 PM To: Esparza, Patty Subject:. Cc 1270 NIB Patty, Per your request, here is the Notice. If you should need anything else, please do not hesitate to contact me. Thank you, Steve ®l 1270 nib clerk.doc 1 M i: • — � • • :' � • •� • s �:thy '' w= �:ti� 4 ' � IX `e��"R a�Sf � tb ���A.#^o-�`�� L.-+y c,ru`t .-0� i* t. ¢ •, + �x ra u .,w•, '.�„`hy�+C�°���, r 39 p'`. '�. .�r�r` 'tr. .,, ,?y" �� '�' - 5, s � ��e9 ti*;'�t`t�K �F 4^ 't.�F ',��i�, R�� � & s `-;'�.��w`"�'• 1 :,, �"^'�f� 4� �h+ ' �" , � �k C ug dniis p t. x 3a u t '�B rxg iNMI � x#s��t�I-C � y�� + , � lb x,- . �� . a eti ��. 'i'�' 'd�y r..., `,, v�a�=�a, '4 7 �• 3��i�`���£,'�y'3�! P.D. 'r'aT 'r .'�;,r�t + }' "' fit�n^t+'+tS"+� �� K a � r�} � f 3r! x� z• a spa Fe` A . c d t r byx it kn ,,S,.xe t jbi3ys1,' 'R- � +gyp }� xA�hr r % xa�r ,a , V b , c > ", rE: n r MP+ ?�iTO ty a + c � ktdr,µ� jr� G�i ' ro ; .Jby x `r,?' �,h•-', a«u^u y rt'`L: l a�� �� t• tt�.�E'4 }_kth +yi_..;� 1� J3�. ,���,`-t s a y Y"''xri t,^b S�h';��.0 ,��. ".5fy^�.h�t 't!' n_�1+"��f�3",+ayw. v '�S^u a, '°'5+��. g'z'tY'+,�+.yo"! fla c"�:`,,. '�'� �� ir`r.��h �'�4 xrirrr ,�'Y �'�C^ ��,, e�' ,�, '�*..:rk,. � �yV'b � �' ° „G r..,��✓ a[: •. s .+�' ra a��' �t d� .4-';y� 'f��n ,.td+.K.:� �'jax.;�r-n""tsy.�:y` ,�d f a`Yr_ �d '� "'�� �'����e� �gg .,,k � ''sw.��" N� �w:.F J,n„ly .t" :�:�far � -r +d-^'+�� x� ,}�-.t,n�py. t' 3 �4*. •k- - sF r,. ;( I• S. �l�iEbZn y u Council/Agency Meeting Held: D�! Deferred/Continued to: (Approved ❑ Conditionally Approved ❑ Denied Ci Cl r 's natur Council Meeting Date: 5/16/2005 Departmen Number: PW 05-034 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABL MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENELOP CUL ETH�T,CITY ADMINISTRATOR PREPARED BY: PAUL EMERY, ACTING DIRECTOR OF PUBLIC WORKS SUBJECT: Award Construction Contract for 2004/05 Sewer Rehabilitation Project, CC-1270 Fstaternnt of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On April 26, 2005, staff received bids for the 2004/05 Sewer Rehabilitation Project, CC-1270 and now requests that City Council award the contract to Sancon Technologies, Inc., the lowest responsive and responsible bidder. Funding Source: Funds for this project are budgeted through the Sewer Service Fund, Sewer Line CIP, 51189002.82600. The Engineer's cost estimate was $1,500,000. Recommended Action: Motion to: 1. Approve the project plans and specifications; 2. Accept the lowest responsive and responsible bid submitted by Sancon Technologies, Inc. in the amount of $1,272,887.20 for the 2004/05 Sewer Rehabilitation Project, CC- 1270; and 3. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract. r Alternative Action(s): Reject all bids, and provide staff with an alternative direction.. _= y� REQUEST FOR ACTION MEETING DATE: 5/16/2005 DEPARTMENT ID NUMBER:PW 05-034 Analysis: In Fiscal Year 2003/04 the Public Works Department commenced a new citywide sewer rehabilitation program in which the sewer main lines and manholes will be cleaned, video taped and then lined to extend their life. This is the second year of the multi-year program, the goal of which is to rehabilitate the sewer system by systematically traversing the City by reporting districts. The 2004/05 program includes District 453 and portions of Districts 442 and 463, which are generally located within the southeast area of the City (Attachment #1). These areas were chosen primarily due to the advanced age of the sewers. Bids were opened publicly on April 26, 2005, and are listed in ascending order: Bidding Contractor Bid Amount 1. Sancon Technologies, Inc. $1,272,887.20 2. Repipe/ PPR $1,424,433.25 3. Insituform Technologies, Inc. $1,697,752.50 4. Wesco Infrastructure $1,793,854.30 Staff completed the reference check for Sancon Technologies, Inc., and received favorable results from past clients. Additionally, Sancon Technologies, Inc. has performed similar jobs successfully for the City. Therefore, staff recommends award of the project to Sancon Technologies, Inc. Public Works Commission Action: The Public Works Commission reviewed and approved this project on March 16, 2005, with a vote of 5-0-2. (Commissioners Harlow and Spencer were absent) Environmental Status: This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA. Attachment(s): NumberCity Clerk's Page . Description 1. Location Map 2. Sample Construction Contract G:\R C A\2005\05-034 May 16 Krieger(award CC 1270).doc -2- 5/4/2005 8:47 AM ATTACHMENT # 1 moo. s BOLSA AVE. v V � � N N N N Mc FADDEN VE. -EDINGER N N AVE. z U Q toV) p mg OHEIL 6 8 ws a AVE.m } to J 0 p w 0 N 0 WARNER w AVE. SLATER AVE. 405 TALBERT AVE. NOT TO SCALE PACIFIC 9qe) Ews AVE. o y1. GARFIELD a AVE. m N to N N COy1 YQRKTOWN AVE. ; ADAMS AVE. N z k� 7 INDIANAP JS AVE. _ p s TLANTA z = AVE. � w HAM LT0 AVE. OCEAN yly�, B NG \ AVE. r Y \ t �F _, LEGEND I , rs � PROJECT AREA 0 tl �, 1-, I I n ;�! --' -- � � w�l 11 1, � 1 �r � l lei; a MD LIS' j 1� � 1 Q. Y�..,r Y I Ss m J .. ATLANTA _ z I I It � I F� ,':=pi! 1(1_Ii l.,-,F l Gi I.... I I i=...._._............... LOCATION MAP •�. ,� CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ATTACHMENT #2 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20 by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of.the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city const/4-03 I the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agree/forms/city consd4-03 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree/forms/city const/4-03 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within (_� consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agree/forms/city const/4-03 4 • 0 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/forms/city const/4-03 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent(100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/forms/city const/4-03 6 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of 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 herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/forms/city const/4-03 7 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 the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agree/forms/city const/4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/forms/city const/4-03 9 • • 13. V_ARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agree/forms/city const/4-03 10 0 • the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forms/city const/4-03 I I 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/forms/city const/4-03 12 • i to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out 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 One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city consd4-03 13 s s 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. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city consU4-03 14 s 0 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city const/4-03 15 s • 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 %2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agree/forms/city consd4-03 16 • • 28. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 agree/forms/city const/4-03 17 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the,City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms/city const/4-03 18 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city const/4-03 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its . consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor By: ATTEST: print name ITS: (circle one)Chairman/President/Vice President City Clerk AND By: APPROVED AS TO FORM: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. City Attorney Secretary-Treasurer INITIATED AND APPROVED: REVIEWED AND APPROVED: Director of Public Works City Administrator agree/forms/city const/4-03 21 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CONTENTS Page No. 1. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 II. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION,DEFENSE,HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT&TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS,ESTIMATES AND OTHER 16 26. NON-ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Contract for the 2004/05 Sewer Rehabilitation Project; CC-1270 COUNCIL MEETING DATE: May 16, 2005 RCA ATTACHMENTS STATUS" Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable E Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable E / Tract Map, Location Map and/or other Exhibits Attached E / Not Applicable ❑ ✓/ Contract/Agreement (w/exhibits if applicable) AttachedNot Applicable ❑ (Signed in full by the CityAttorne ) Subleases, Third Party Agreements, etc. Attached ElNot Applicable E (Approved as to form by City Attorney) Certificates of Insurance A roved b e orne Attached El( pp y th City Att y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable E Bonds (If applicable) Attached ❑Not Applicable E Staff Report (If applicable) Attached ❑Not Ap licable E Commission, Board or Committee Report If applicable). Attached ElP ( Not Applicable E Find in s/Conditions for Approval and/or Denial Attached El g pp Not Applicable E EXPLANATION FOR MISSING ATTACHMENTS.', REVIEWED. RETURNED FORWAfQED . Administrative Staff ( 147 ) Assistant City Administrator (initial) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (BelowOnly) RCA Author: sek