HomeMy WebLinkAboutSancon Technologies, Inc. - 2020-07-01 SERVICE AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SANCON TECHNOLOGIES, INC.
FOR
ON-CALL SEWER REHABILITATION AND
STORM DRAIN VIDEO INSPECTION
THIS AGREEMENT ("Agreement") is made and entered into by and between the
City of Huntington Beach, a municipal corporation of the State of California, hereinafter
called"City," and Sancon Technologies, Inc., hereinafter referred to as "Contractor."
City and Contractor are collectively to as the "Parties".
Recitals
A. The City desires to retain a Contractor having special skill and knowledge in the
field of sewer rehabilitation services.
B. Contractor represents that Contractor is able and willing to provide such services
to the City.
C. Contractor entered into an Agreement for Construction of Public Works with the
City of San Clemente on or about June 18, 2019, referred to as the "CSC
Contract." City desires to "piggyback" on CSC Contract pursuant to HBMC
Section 3.02.080(B)(8), and unless otherwise noted or in conflict with this
Agreement, the Parties wish to be bound by the same terms and conditions as the
CSC Contract.
D. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under
this Agreement will be performed in compliance with such standards as may
reasonably be expected from a comparable company or firm in the field.
Contractor has been selected to perform these services pursuant to Huntington
Beach Municipal Code Chapter 3.02.190(C)(2).
NOW, THEREFORE, it is agreed by City and Contractor as follows:
1. Scope of Services
Contractor shall provide all services as described in the CSC Contract, which is
attached hereto as Exhibit A. These services shall sometimes hereinafter be referred to as
the "Project." All references to CSC shall mean City. However in substitution of
Sections 8, 9, 10, 13, 14, 28, 29, and 41 of the OCSD Contract, the terms of this
Agreement shall apply.
20-8644/229993 1
Further, in place of Exhibits A and B to the CSC Contract, entitled"Scope of
Work" and"Bid Price Form," shall be Exhibit B to this to Agreement
Contractor hereby designates Chuck Parsons, who shall represent it and be its sole
contact and agent in all consultations with City during the performance of this
Agreement.
2. City Staff Assistance
City shall assign a staff coordinator to work directly with Contractor in the
performance of this Agreement.
3. Compensation
a. City agrees to pay, and Contractor agrees to accept as total payment for its
services, the Unit Prices identified in Exhibit B. The total sum to be expended under this
Agreement, shall not exceed Dollars ($ o oou per year for any one
year during the Term of this Agreement. T"hur Weo(- [/Gn7�fi'i�11�re�vL
b. Payment by City shall be made within thirty (30) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of performance set
forth in the Recitals which may reasonably be expected by City.
5. Term
Time is of the essence of this Agreement. The services of Contractor are to
commence /q 2020, or as soon as practicable after the execution
of this Agreement y City (the "Commencement Date") and terminating one year later,
orkJ/// , 2021. City may renew this Agreement for up to four (4) additional one-
year tetrns by notifying Contractor no less than thirty (30) days prior to the end of each
term.
6. Extra Work
In the event City requires additional services not included in the CSC Contract, or
changes in the scope of services described in the CSC Contract, Contractor will undertake
such work only after receiving written authorization from City. Additional compensation
for such extra work shall be allowed only if the prior written approval of City is obtained.
7. Disposition of Plans, Estimates and Other Documents
Contractor agrees that title to all materials prepared hereunder, including, without
limitation, all original drawings, designs, reports, both field and office notices,
calculations, computer code, language, date or programs, maps, memoranda, letters and
other documents, shall belong to City, and Contractor shall turn these materials over to
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City upon expiration or termination of this Agreement or upon Project completion,
whichever shall occur first. These materials may be used by City as it sees fit.
8. 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 and 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.
9. Workers Compensation Insurance
Pursuant to California Labor Code Section 1861, Contractor acknowledges
awareness of Section 3700 et seq. of this Code, which requires every employer to be
insured against liability for workers' compensation; Contractor covenants that it will
comply with such provisions prior to commencing performance of the work hereunder.
Contractor shall 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.
10. General Liability 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/Service. 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 of or in connection with the Project/Service, and shall
provide coverage in not less than the following amount: combined single limit bodily
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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) 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/Service. 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 coverage which may be applicable to the
Project/Service 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.
11. Automobile Liability Insurance
Contractor shall obtain and furnish to City an automotive liability insurance
policy covering the work performed by it hereunder. This policy shall provide coverage
for Contractor's automotive liability in an amount not less than One Million Dollars
($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page
listing both the policy number and naming the "City of Huntington Beach, its officers,
elected or appointed officials, employees, agents and volunteers" as additional insured on
the endorsement. The above-mentioned insurance shall not contain a self-insured
retention, "deductible" or any similar form of limitation on the required coverage except
with the express written consent of City.
12. Certificate of Insurance
Prior to commencing performance of the work hereunder, Contractor shall furnish
to City a certificate of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required by this Agreement; the certificate shall:
a. provide the name and policy number of each carrier and policy;
b. state that the policy is currently in force; and
C. promise that such policy shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty (30) days'
prior written notice; however, ten (10) days' prior written notice in the
event of cancellation for nonpayment of premium.
Contractor shall maintain the foregoing insurance coverage in force until the work
under this Agreement is fully completed and accepted by City.
This requirement for carrying the foregoing insurance coverage shall not derogate
from Contractor's defense, hold harmless and indemnification obligations as set forth in
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this Agreement. City or its representative shall at all times have the right to demand the
original or a copy of the policy of insurance. Contractor shall pay, in a prompt and
timely manner, the premiums on the insurance hereinabove required.
13. Independent Contractor
Contractor is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as 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 to be performed hereunder.
14. Conflict of Interest
Contractor covenants that it presently has no interests and shall not have interests,
direct or indirect, which would conflict in any manner with performance of services
specified under this Agreement.
15. Termination
This Agreement may be terminated by the City upon thirty (30) days written
notice of termination. In such event, Contractor shall be entitled to receive and the City
shall pay Contractor compensation for all services performed by Contractor prior to
receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Director may require Contractor to
deliver to the City all work product completed as of such date, and in such case such
work product shall be the property of the City unless prohibited by law, and Contractor
consents the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
16. Exclusivity and Amendment
This Agreement represents the complete and exclusive statement between the City
and Contractor, and supersedes any and all other agreements, oral or written, between the
parties. In the event of a conflict between the terms of this Agreement and any
attachments hereto, the terms of this Agreement shall prevail. This Agreement may not
be modified except by written instrument signed by the City and by an authorized
representative of Contractor. The parties agree that any terms or conditions of any
purchase order or other instrument that are inconsistent with, or in addition to, the terms
and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements,
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orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which are not embodied herein.
17. Assignment
Inasmuch as to this Agreement is intended to secure the specialized services of
Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest
herein without the prior written consent of the City and any such assignment, transfer,
delegation or subcontract without the City's prior written consent shall be considered null
and void. Nothing in this Agreement shall be construed to limit the City's ability to have
any of the services which are the subject to this Agreement performed by City personnel
or by other Contractors retained by City.
18. 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 applicable provisions of the
California Government Code.
19. 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
below. 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, a reputable overnight carrier or U.S. certified U.S. certified mail-return
receipt requested:
To City: Contractor:
City of Huntington Beach Sancon Technologies, Inc.
Public Works Chuck Parsons
2000 Main Street 5841 Engineer Drive
Huntington Beach, CA 92648 Huntington Beach, CA 92649
20. Consent
When City's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transactions or event.
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21. Modification
No waiver or modification of any language in this Agreement shall be valid unless
in writing and duly executed by both parties.
22. 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
matters 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.
23. 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.
24. 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,
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.
25. 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 the United States Code regarding employment verification.
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26. 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.
27. Confidentiality
Contractor recognizes that in the performance of its duties under this Agreement, it
must conduct its activities in a manner designed to protect information of a sensitive
nature from improper use or disclosure. Contractor warrants that it will use reasonable
efforts consistent with practices customary in the facilities management industry in
recruiting, training and supervising employees and in otherwise performing its duties
hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at
the request of the City, to require its employees to execute written undertakings to comply
with the foregoing confidentiality provision.
28. Discrimination
Contractor shall not discriminate because of race, color, creed, religion, sex,
marital status, sexual orientation, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, training, utilization,
promotion, termination or other employment related activities. Contractor affirms that it
is an equal opportunity employer and shall comply with all applicable federal, state and
local laws and regulations.
29. Jurisdiction—Venue
This Agreement and all questions relating to its validity, interpretation,
performance, and enforcement shall be government and construed in accordance with the
laws of the State of California. This Agreement has been executed and delivered in the
State of California and the validity, interpretation, performance, and enforcement of any of
the clauses of this Agreement shall be determined and governed by the laws of the State of
California. Both parties further agree that Orange County, California, shall be the venue
for any action or proceeding that may be brought or arise out of, in connection with or by
reason of this Agreement.
30. Professional Licenses
Contractor shall, through the term of this Agreement, maintain all necessary
licenses, permits, approvals, waivers, and exemptions necessary for the provision of the
services hereunder and required by the laws and regulations of the United States, the State
of California, the City of Huntington Beach and all other governmental agencies.
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Contractor shall notify the City immediately and in writing of her inability to obtain or
maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall
be cause for termination of this Agreement.
31. 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
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.
32. Survival
Terms and conditions of this Agreement, which by their sense and context survive
the expiration or termination of this Agreement, shall so survive.
33. Governing Law
This Agreement shall be governed and construed in accordance with the laws of
the State of California.
34. Signatories
Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify City fully for any injuries or damages to City in the event
that such authority or power is not, in fact, held by the signatory or is withdrawn.
35. Entirety
(a) 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.
(b) All Exhibits referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
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36. Effective Date
This Agreement shall be effective on the date of its approval by the City Attorney. This
Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers.
CONTRACTOR CITY OF HUNTINGTON BEACH, a
Sancon Technologies, Inc. municipal corporation of the State of
California
B a D,--)
Y•
Chief Financial Officer
Chuck Parson
Print name
ITS: President
INITIATED AND APPROVED:
Publi ire for
APPROVED AS TO FORM:
<to, City Attorney
Receive and File
City Clerk
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EXHIBIT A
CITY OF SAN CLEMENTE AGREEMENT FOR CONSTRUCTION OF PUBLIC
WORKS WITH SANCON TECHNOLOGIES, INC.
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S� ell
Page 1 t 1
A.'a City of San Clemente Purchase Order
100 Avenida Presidio DATE PO NUMBER
San Clemente, CA 92672-3195 9t28J2017 04643
�GFp�1��P (949)361-8200 --
VENDOR: 001106 SHIP TO: CITY OF SAN CLEMENTE
SANCON ENGINEERING, INC 380 AVENIDA PICO, BLDG J
5841 ENGINEER DRIVE SAN CLEMENTE, CA 92672
HUNTINGTON BEACH, CA 92649
FOB Point: DESTINATION Req.No.:470-00795, 5
Terms: Due in 30 days, no discount Dept.: SEWER
Req.Del.Date: Contact:ZIEHM, MINDY
Confirming? No
Special Inst: Combine with PN 26001 Requisition following.
Quantity Unit Description unit Price Ext.Price
THIS IS A REVISED PURCHASE ORDER
As-Needed Sewer and Storm Drain i 106,500.00
Rehabilitation, PN 28206&26001. i
As-Needed contract approved at the
9/20116 CC Meeting. 2 Additional
one-year terms authorization to renew,
approved at CC Meeting.
FY 18 As-Needed Sewer&Storm Drain 78,973.00
services. Approved at the 9/20/16 CC
Meeting,with authorization of 2
additional one-year terms approved.
FY 118 As-Needed Sewer&Storm Drain 14,527.00,
services. Approved at the 9/20/16 CC
Meeting;with authorization of 2
additional one-year terms approved.-
Increase amount to meet contract amount
of$200,000/year.
BILL TO: SUBIECTTO TERMS&CONDITIONS CONTAINED HE.REIN: SUBTOTAL 200 00Q,0Q
L Buyer reserves the right to cancel any order not completed within specified time
City of San Clemente 2.All prices shall be F.O.B.San Clemente unless otherwise specified TAX 0.00
100 AVE PRESIDIO 3.This order number must appear on all invoices,shipping documents and correspondence FREIGHT 0.00
SAN CLEMENTE, CA 92672 4.An itemized packing list must accompany each shipment
5.The items covered by this order must conform with the safety orders of the State of TOTAL 200,000.00
Account Number' Amount Account Number Amount
VENDOR COPY
Authorized Si na ie
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SANCON ENGINEERING,INC.
5841 ENGINEER DRIVE
HUNTINGTON BEACH,CA 92649
DID PROPOSAL
On-Call Sewer and Storm Drain System Rehabilitation
Project No. 24200
TO THE HONORABLE MAYOR AND
MEMBERS OF THE CITY COUNCIL
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City of San Clemente
San Clemente, California
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Ladies& Gentlemen:
Pursuant to and in compliance with your Notice Inviting Sealed Bids or Proposals, and
other documents thereto, the undersigned Bidder, having familiarized himself with the
terms of the Contract and the cost of the work at the place where the work is to be done,
and with any addenda thereto, hereby proposes and agrees to perform, within the time
stipulated, the Contract including all of its component parts and everything to be
performed, and to provide and furnish any and all of the labor, materials, tools, equipment
and all utility and transportation services necessary to perform the contract, and complete
in a workmanlike manner all of the work covered by the contract in connection with the
project identified as the On-Call Sewer and Storm Drain System Rehabilitation for Project
No. 24200 at the following prices for the items upon which prices are quoted and set
opposite those items.
All improvement work required to be performed and materials furnished shall be
performed and furnished in strict accordance with the applicable portions of: (1) the
Plans and Specifications for the On-Call Sewer and Storm Drain System Rehabilitation ,
Project No. 24200; (2) "Standard Specifications for Public Works Construction", latest
edition, promulgated by the American Public Works Standards, Inc. (Green Book); (3)
Orange County & DMD Standard Plans, latest edition; (4) "Standard Plans for Public
Works Construction",. latest edition, by the American Public Works Association; (5)
"Standard Plans" State of California, Department of Transportation, latest edition; (6)
"Standard Specifications" State of California, Department of Transportation, latest
edition; (7) State of California Manual of Traffic Controls for Construction and
Maintenance Work Zones, latest edition; (8) "California Building Code", 2013 edition; (9)
"California Plumbing Code", 2013 edition; (10) "California Mechanical Code", 2013
edition; (11) "California Electric Code", 2013 edition; (12) "California Fire Code", 2013
edition; and (13) "American Disabilities Act (ADA) Handbook", latest edition: (14) latest
editions of City of San Clemente Engineering Division Technical Standards; (15) City of i
San Clemente Sewer, Water and Grading Standards: all as included herein, except for
the Green Book which shall apply in general.
All traffic control shall comply with the applicable portions of "The Work Area Traffic r
Control Handbook" W.A.T.C.H. Manual, latest edition.
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SANCON ENGINEERING,INC.
6841 ENGIINJEER DRIVE
HUNTiNGTON BEACH,CA 92649
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The City Council of the City of San Clemente reserves the right to reject any or all bids.
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Each Bid shall be accompanied by Bidder's Bond, or Cashier's Bond or Certified Check,
payable to the City of San Clemente, in the amount that is not less than ten percent (10%)
of the total bid, which is given as a guarantee that the undersigned will enter into a
Contract if awarded the work. The Bidder agrees that, in case of his default in executing
said Contract with necessary bonds, the bond or check accompanying this Bid, and the
money made payable shall become and remain the property of the City of San Clemente.
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SANCON ENGINEERING,INC.
5841 ENGINEER®RIVE
HUNTINGTON BEACH.CA 92649
BID FORM
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On-Call Sewer and Storm ®rain System Rehabilitation
Project No. 24200
Item i
No. Description Unit dotal Price
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1.0**** mobilization & Demobilization per each location: 1 EA
2.0 Traffic Control (W.A.T.C.H. manual Classifications): i
2.1 Low Speeds 40 MPH or less 1 EA
2.2 High Speeds Greater than 40 MPH 1 EA $ 01svo
3.0* Pipe cleaning, root removal, video inspection and rehabilitation of existing
sewer by installation of CIPP liner, including cutting out lateral connections
and bypass pumping:
(Specify felt or fiberglass liner in the space provided)
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3.1 6" CIPP Liner( FE�j ) 0-100 LF (100) X$ �s /LF = $ %, Sow m
3.2 6" CIPP Liner( Fevr ) 101-200 LF (200) X$ s IF = $ � oo�
3.3 6" CIPP Liner( FecT ) 201-greater LF (300) X$ " IF = $ �,sow
3.4 Re-establish 6" SS lateral connection 1 EA $ pO
4.0* Pipe cleaning, root removal, video inspection and rehabilitation of existing
sewer by installation of CIPP liner, including cutting out lateral connections
and bypass pumping: I
(Specify felt or fiberglass liner in the space provided)
4.1 8" CIPP Liner ( FE`�- ) 0-100 LF (100) X $ ® /LF = $ z,�o
4.2 8 CIPP Liner( 101-200 LF (200) X $
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Addendum No. 4
Revised Bid Form
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SANC®N ENGINEERING,INC.
6841 ENGINEER DRIVE
HUNTINGTON BEACH,GA 92649
BID FORM (Continue�)
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On-Call Sewer and Storm Drain System Rehabilitation
Project No. 24200
Item
No. Description Unit Total Price ;
— II
4.3 8" CIPP Liner( 'Nr%_r ) 201-greater LF (300) X $ 2 /LF = $ G,000 --
4.4 Re-establish 8" SS lateral connection 1 EA $ 3oa
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5.0' Pipe cleaning, root removal, video inspection and rehabilitation of existing
sewer by installation of CIPP liner, including cutting out lateral connections
and bypass pumping: i
(Specify felt or fiberglass liner in the space provided)
5.1 10" CIPP Liner ( FE -T ) 0-100 LF (100) X$ zz /LF = $ Z Zoom
5.2 10" CIPP Liner( F67ur ) 101-200 LF (200) X $ /LF = $ yA.' av — E
5.3 10" CIPP Liner ( FE'- ) 201-greater LF (300) X
5.4 Re-establish 10" SS lateral connection 1 EA $ 3oo —
6.0* Pipe cleaning, root removal, video inspection and rehabilitation of existing
sewer by installation of CIPP liner, including cutting out lateral connections
and bypass pumping:
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* (Specify felt or fiberglass liner in the space provided)
6.1 12" CIPP Liner 0-100 LF (100) X$ 23 /LF = $ z,3 00--
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6.2 12" CIPP Liner( Fe-Lr ) 101-200 LF (200)X$ z 2' /LF = $ 4 4ou
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6.3 12" CIPP Liner 201-greater LF (300) X $ 2' /LF = $ (0,Too
6.4 Re-establish 12" SS lateral connection 1 EA $ 3�
7.0* Pipe cleaning, root removal, video inspection and rehabilitation of existing
sewer by installation of CIPP liner, including cutting out lateral connections
and bypass pumping:
* (Specify felt or fiberglass liner in the space provided)
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Addendum No:4 f
Revised Bid Forin
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SANCON ENGINEERING,INC.
6841 ENGINEER DRIVE
HUNTINGTON BEACH,CA 92649
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BID FORM (Continued)
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On-Call Sewer and Storm ®rain System Rehabilitation
.project No. 24200
Item
No. Description Unit Total Price
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7.1 18" CIPP Liner( Fe-,. ) 0-100 LF (100) X $ 1•-ko /LF = $ Ho
7.2 18" CIPP Liner( saE:t-i- ) 101-200 LF (200) X $ too /LF = $ zo,oca —
7.3 18" CIPP Liner( FF-t-1 )201-greater LF (300) X$ -40 /LF = $ zi,ooa
7.4 Re-establish 18" SS lateral connection 1 EA
8.0* Pipe cleaning, root removal, video inspection and rehabilitation of existing
sewer by installation of CIPP liner, including cutting out lateral connections
and bypass pumping:
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* (Specify felt or fiberglass liner in the space provided)
8.1 24" CIPP Liner( Fa-c-, ) 0-100 LF (100) X $ 1�o /LF = $ I _ ooa
8.2 24" CIPP Liner 101-200 LF (200)X$ ,is /LF = $ ZS,wa
8.3 24" CIPP Liner( F a ) 201-greater LF (300)X $ 3c /LF = $ 6`f,o00
8.4 Re-establish 24" SS lateral connection 1 EA $
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9.0 Sewer Lateral Connection (SLC) Sealing System 1 EA $ —
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10.0*** Rehabilitate 4 foot diameter Manhole Condition Tier 5 1 EA $ 2,coo �-
Including cleaning, step removal, debris removal,
mortar build up w/rebar, sawcut anchoring, primer,
and installation of manhole lining system at:
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11.0*** Rehabilitate 5 foot diameter Manhole Condition Tier 5 1 EA $
Including cleaning, step removal, debris removal,
mortar build up w/rebar, sawcut anchoring, primer,
and installation of manhole lining system at:
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Addendum No. 4
Revised Bid Form
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SANCON ENGINEERING,INC.
5841 ENGINEER DRIVE
HUNTINGTON SEACFI,CA 92649
BID FORM (Continued)
On-Call Sewer and Storm ®rain System Rehabilitation
Project No. 24200
Item
No. Description Unit Total Price
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12.0*** Rehabilitate 4 foot diameter Manhole Condition Tier 4 1 EA $ Lew G
Including cleaning, step removal, debris removal,
mortar build up, sawcut anchoring, primer,
and installation of manhole lining system at:
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13.0*** Rehabilitate 5 foot diameter Manhole Condition Tier 4 1 EA $ i.,per
Including cleaning, step removal, debris removal, i
mortar build up, sawcut anchoring, primer, I
and installation of manhole lining system at: j
14.0*** Rehabilitate 4 foot diameter Manhole Condition Tier 3 1 EA
Including cleaning, step removal, debris removal, I
mortar build up, mortar build up over brick substrate,
sawcut anchoring, primer, and installation of manhole
lining system at:
15.0*** Rehabilitate 5 foot diameter Manhole Condition Tier 3 1 EA $ 1,Soo
Including cleaning, step removal, debris removal,
mortar build up, mortar build up over brick substrate,
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sawcut anchoring, primer, and installation of manhole
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lining system at:
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16.0*** Rehabilitate 4 foot diameter Manhole Condition Tier 2 1 EA $ 1,too
Including cleaning, step removal, debris removal,
mortar build up, mortar build up over brick substrate,
sawcut anchoring, primer, and installation of manhole
lining system at:
17.0*** Rehabilitate 5 foot diameter Manhole Condition Tier 2 1 EA $ �, °• — i
Including cleaning, step removal, debris removal, i
mortar build up, mortar build up over brick substrate,
sawcut anchoring, primer, and installation of manhole
lining system at:
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Addendum No. 4
Revised Bid Form
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SANCON ENGINEERING,INC.
5841 ENGINEER DRIVE
WUNTlNGTON BEACH,CA 92649
BID FORM (Continued)
On-Call Sewer and Storm Drain System Rehabilitation
Project No. 24200
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Item
No. Description Unit Total Price
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18.0*** Rehabilitate 4 foot diameter Manhole Condition Tier 1 1 EA $
Including cleaning, step removal, debris removal,
mortar build up, mortar build up over brick substrate,
sawcut anchoring, primer, and installation of manhole
lining system at: f
19.0*** Rehabilitate 5 foot diameter Manhole Condition Tier 1 1 EA $ �,
Including cleaning, step removal, debris removal,
mortar build up, mortar build up over brick substrate,
sawcut anchoring, primer, and installation of manhole
lining system at:
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**GRAND TOTAL BID '1%%P41' TitoasAwD ) $ --
(In Words)
* Bidder shall specify rehabilitation method (felt or fiberglass liner) in the spaces
provided for the each CIPP Liner to be used. See Special Provisions for requirements.
Failure to specify a rehabilitation method shall render the bid nonresponsive.
** Established unit prices shall remain in effect for the duration of the contract. By
entering into a contract with the City, bidder acknowledges that they will maintain
conformance with the most current prevailing wage rates established by the CA
Department of Industrial Relations.
All quantities shown are estimates for bidding purposes only. The City reserves the right
to delete any or all of the bid items from the Bid Schedule. The Contract will be awarded
to the lowest responsive and responsible bidder based on the Lowest Grand Total Bid
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Addendum No. 4
Revised Bid Foim
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Proposal which is the sum of the Total prices from sections 1.0 through 19.0.
* Scope of work stated on the Bid Form for these bid items summarized. For specific
scope of work required see "C. Technical" per"Addendum No. 2".
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Fee per bid item one (1.0) will apply per pipe segment with respect to pipelining and !
per work order/call out with respect to manhole rehabilitation.
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BIDDER:
ADDRESS: BgwC44 cog �LtPH�
TELEPHONE: --JH-- 81 1 -- 7Z3 Z3
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If awarded the Contract, the undersigned hereby agrees to sign said Contract and furnish
the necessary bonds (100% of the Contract price for Faithful Performance, and 100% of
the Contract price for Labor and Materials) within ten (10) calendar days after notification
of award of the Contract. I
It is understood and agreed that the work under a Contract awarded pursuant to this Bid
will be commenced by the undersigned Bidder, as stipulated in the contract schedule
section on page 8 of this specification. Failure of the Contractor to complete work within
the time allowed will result in damages being sustained by the Agency. Unless
otherwise provided, the Contractor will pay to the Agency five hundred dollars ($500.00)
for each day of delay in finishing time work in excess of time specified for completion,
plus any authorized time extensions, all as provided in Section 0-0 of said Standard
Specifications for Public Works Construction. The $500.00 per day liquidated damages
provision is not intended to cover actual expenses reasonably and necessarily incurred
by the City in retaining other contractors, inspectors, engineering consultants, etc., as a
result of any delay by the Contractor.
It is understood that the quantities on the unit price items are approximate only and subject
to increase or decrease, being stated only for the purpose of comparing bids and fixing the
amount of surety bonds, and that should the quantity of work on the unit price basis be
increased, the undersigned Bidder will perform the additional work at the unit price set out
herein, and that should the quantity be decreased, payment is to be made on the actual
quantity installed at such unit price, and the undersigned bidder will make no claims for
anticipated profits or additional compensation for any increase or decrease in the quantity. i
It is further understood that actual quantities on the unit price items will be determined
upon completion of the work covered by the Contract.
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The undersigned hereby certifies that this Proposal is genuine and not sham or collusive,
or made in the interest or behalf of any persons not herein named, and that the under
signed has not directly or indirectly induced or solicited any other Bidder to put in sham
Bid, or any other persons, firm or corporation to refrain from bidding, and that the
undersigned has not in any manner sought by collusion to secure for himself an advantage
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Addendum No. 4
Revised Bid Form
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over any other Bidder. The undersigned also certifies that he is familiar with the various
State and local laws affecting bonds, length of working days, employers' liabilities, Sunday
work, alien labor, domestic materials, subcontracts, etc.
It is also understood that the Bid price includes all applicable taxes, bond costs, license
fees, etc.
Attached hereto is a list of subcontractors proposed to be employed on the project for
which this Proposal is submitted.
Also attached hereto is a Bidder's Bond or Certified Cashier's Check, made payable to the
City of San Clemente in the amount of $ o% , which is not less then ten
percent(10%) of the aggregate amount of this bid.
DATED this day of -y,.► 9 , 2016
S,�rlCbf.1 C�.lcat�166(Ltw►Cv =7JC
(Pro Name of Bidder)
By:
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Address: as
Uj CA
Phone: -41 - N.C1 -.3
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State License No.
(Including Classification & Expiration Date)
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Contractor's license number and expiration date stated herein are made under penalty of
perjury. 1
By:
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Title: O*tvu,- I J iAsDNs di car an,,s D�En`i
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Addendum No. 4
Revised Bid Foam
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AGREEMENT FOR CONSTRUCTION OF PUBLIC WORKS
This Agreement for Construction of Public Works(Sewer and Storm Drain Rehabilitation,
Project Nos. 24200 and 26001) (the "Agreement") is made and entered into on this day of
2016, between the City of San Clemente, a California municipal corporation, (the
"City")and Sancon Engineering, Inc. ("Contractor") (collectively referred to as the "Parties").
RECITALS
A. The City of San Clemente has adopted the Uniform Public Construction Cost Accounting
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Procedures Act (Public Contract Code § 22000 et sec.) (the "Act") and has selected i
Contractor pursuant to the procedures authorized by the Act.
B. City desires to have Contractor perform and Contractor-desires to provide the public works
of improvement described within this Agreement.
C. The City is entering into this contract for work to be performed, for compensation in the
amount of$200,000.00.
COVENANTS
Based upon the foregoing Recitals and in consideration for the mutual promises and
covenants contained herein,the Parties agree as follows:
SECTION 1: SCOPE OF WORK.
Contractor agrees to perform all tasks necessary to construct and/or install or cause to be
constructed and/or installed the Work identified in the Plans and Specifications for Sewer and
Storm Drain Rehabilitation, City Project No. 24200 & 26001 in accordance with the terms and
conditions contained both herein and in all other Contract Documents.
SECTION 2: INTENT OF CONTRACT DOCUMENTS.
The intent of the Contract Documents is to prescribe a complete work of improvement j
which Contractor shall perform or cause to be performed in a manner acceptable to the Engineer
and in full compliance with all codes and the terms of this Agreement. Contractor shall complete
a functional or operable improvement or facility, even though the Contract Documents may not
specifically call out all items of work required for the Contractor to complete its tasks, incidental
appurtenances, materials. and the like. If any omissions are made of information necessary to
carry out the full intent and meaning of the Contract Documents, Contractor shall immediately
seek approval of the Engineer for furnishing detailed instructions. Further, prior to commencing
performance of any work hereunder,Contractor shall cooperate with and assist the City to identify
and make any refinements to the description and scope of the work that may be necessary to
achieve City's goals hereunder. In the event of any doubt or question arising regard ng the true
Rev.Mar.2015 - 1.
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meaning of any of the Contract Documents or any portion thereof, reference shall be made to the
Engineer whose decision thereon shall be final.
SECTION 3: TERMS AND CONDITIONS OF PERFORMANCE.
All work performed under this Agreement shall comply with the current edition of that
document entitled "Standard Specifications For Public Works.Construction," published by
Building, News, Inc. (the "Standard Specifications"), which is incorporated herein by this
reference as if set forth in full, except the following provisions of the Standard Specifications are
hereby amended as follows:
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A. Section 1-2 of the Standard Specifications, entitled "Definitions," is hereby
amended as follows:
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"Agreement"-This signed Agreement for Construction of Public Works as
well as all Contract Documents.
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"Board" -The City Council of the City of San Clemente or its designee. F
"Contract Documents" - include but are not limited to: the Contract
Addenda(which pertain to the contract documents),notice inviting bids,instruction
to bidders; bid (including documentation accompanying the Bid and any post-bid
documentation submitted prior to the Notice of Award);when attached as an exhibit
to the Contract,the Bonds;the general conditions;permits from other agencies;the
Project Specifications, the Special Provisions; the Plans; the Standard Plans;
Standard Specifications, Reference Specifications; and all modifications issued by
City after the execution of the Contract, and all of the exhibits to this Agreement
which are incorporated herein by this reference as if set forth in full.
B. Section 2-4 of the Standard Specifications entitled "Security," is
hereby amended to read in its entirety as follows:
{
2.4 Security and Indemnity.
2-4.1 Security to Guarantee Performance and Payment.
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At the time Contractor executes this Agreement, Contractor shall furnish to
City bonds, letters of credit, or other security acceptable to City in City's sole and
absolute discretion(hereinafter"Security Instruments")as follows:
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(i) A Security Instrument securing Contractor's faithful performance of [
all of the Works of Improvement in the amount of one hundred €
percent (100%) of the estimated construction costs (the "Faithful
Performance Security Instrument").
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(ii) A Security Instrument guaranteeing the payment to subcontractors
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and other persons furnishing labor,materials,and/or equipment with
respect to the Works of Improvement in an amount equal to one
hundred percent (100%) of the estimated construction costs (the
"Labor and Materials Security Instrument").
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This Agreement shall not be operative until such Security Instruments are
supplied to and approved by City in accordance herewith.
2-4.2 Security Instrument For Warranty Period.
In addition to the Security Instruments referenced in paragraph 2-4.1 above,
prior to the City Council's acceptance of the Work and recordation of a Notice of !
Completion,Contractor shall deliver a Security Instrument warranting the accepted
Work for a period of one (1) year following the date of acceptance (the "Warranty '
Period"), with the amount of such Security Instrument to be equal to twenty-five
percent (25%) of the estimated construction cost or a suitable amount determined
by the Engineer (the "Warranty Security Instrument"). In lieu of delivering a
Warranty Security Instrument, Contractor may elect to utilize its Faithful
Performance Security Instrument to warrant the Work for the Warranty Period, in
which case the City shall continue to hold the Faithful Performance Security
Instrument for the Warranty Period. Contractor shall be deemed to have elected to
utilize its Faithful Performance Security Instrument for the Warranty Period if j
Contractor has not delivered a Warranty Security Instrument to the City prior to the
City Council's acceptance of the Work.
2-4.3 Release of Security Instrument.
City shall release the Faithful Performance Security Instrument upon
Contractor's written request after acceptance of the Work and Contractor's delivery
of the Warranty Security Instrument. City shall release the Labor and Materials
Security Instrument upon Contractor's written request after the Work has been
accepted and after passage of the time within which lien claims are required to be
made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title
15 of Part IV of Division 3 of the California Civil Code. If any lien claim or claims
have been timely filed,City shall hold the Labor and Materials Security Instrument
until such claim or claims have been resolved, Contractor has provided a statutory
bond, or otherwise as required by applicable law. City shall release the Warranty j
Security Instrument upon Contractor's written request after the expiration of the
warranty period,provided no claims are outstanding at that time regarding defective
work.
2-4.4 Form of Security Instruments.
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All Security Instruments shall meet the minimum requirements of Code of
Civil Procedure Section 995.660 as specified below, and otherwise shall be in a
form acceptable to the City Attorney:
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(i) Any insurance company acting as surety shall be authorized to
transact surety insurance in the state of California, shall
demonstrate to the satisfaction of the City that its assets exceed its
liabilities in an amount equal to or in excess of the amount of the
bond, and shall provide to the City the following:
(a) The original, or a certified copy of the unrevoked
appointment,power of attorney,bylaws, or other instrument
entitling or authorizing the person who executed the bond to
do so;
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(b) A certified copy of the certificate of authority of the
insurer issued by the Insurance Commissioner;
(c) A certificate from the clerk of the Orange County
Clerk of the Court that the certificate of authority of the
insurer has not been . surrendered, revoked, canceled,
annulled, or suspended or, in the event that it has, that
renewed authority has been granted; and
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(d) Copies of the insurer's most recent annual statement
and quarterly statement filed with the Department of f
Insurance;
(ii) Payments under the Security Instrument shall be required to be
made(and,with respect to bonds, litigation shall be required to be
instituted and maintained) in the County of Orange. State of
California;
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(iii) Each Security Instrument shall have a minimum term of one(1)
year after the deadline for Contractor's completing the Work, in
accordance with paragraph 2.1 herein;
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(iv) The Security Instrument shall reference Contractor's obligations
under this Agreement,shall be irrevocable,and shall include as an
additional secured obligation the responsibility to compensate City k
for all of City's attorney's fees and litigation expenses reasonably
incurred in enforcing its rights under the Security Instrument.
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2-4.5 Indemnity.
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Contractor shall indemnify, defend, and hold harmless City and City's
officers, employees,and agents and the Redevelopment Agency of the City of San
Clemente and its officers, employees, and agents from and against any and all
claims, demands, liabilities, losses, obligations, damages, causes of action, or any
proceedings of any kind or nature, including without limitation worker's
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compensation claims, in any way arising or alleged to arise out of Contractor's
performance or failure to perform the Work described herein. Said indemnity
obligation shall apply to personal injury, death, property damage, economic loss,
and any other monetary damage or penalty to which City maybe subjected,whether
or not the injury, damage, or loss is covered by insurance.
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C. Section 6-8 of the Standard Specifications, entitled "Completion and
Acceptance," is hereby amended to read in its entirety as follows:
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6-8 Completion and Acceptance,Defective Work. j
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6-8.1 Completion.
Contractor shall make an initial request for final inspection after initial
completion of the Work. After inspection,the Engineer will inform the Contractor,
in writing, of all items found by Engineer to be incomplete or not in compliance
with this Agreement. After the Contractor has completed these items,the procedure
for final inspection shall then be the same as specified above for the Contractor's
initial request for final inspection. If after two (2) "final" inspections, items are
found by Engineer to be incomplete or not in compliance with this Agreement or
any of the requirements contained or referenced herein, City may require i
Contractor,as a condition of City performing further field inspections,to submit to
the Engineer a detailed written statement of the work performed subsequent to the
date of the previous inspection at which such items were found to be incomplete or
not in compliance with this Agreement.
The Parties shall follow the above steps until such time as Engineer
determines that the Work has been satisfactorily completed in accordance with all
terms and condition of this Agreement. Upon such determination,City shall order
recordation of the Notice of Completion.
6-8.2 Acceptance. j
Thirty-five (35) days after the Notice of Completion is recorded (or in the
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event of any lien claims are filed against the Project arising out of Contractor's
activities hereunder, on such date Contractor has finally satisfied, discharged, or
obtained a release of such claim), City shall accept Contractor's Work.
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6-8.3 Defective Work.
Contractor shall repair, reconstruct, replace or otherwise make acceptable
any and all Work found by Engineer to be defective or not in accordance with the
Agreement. Final acceptance of the Work shall not constitute a waiver by City of
any defective work subsequently discovered.
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D. Section 7-2.2 of the Standard Specifications, entitled "Labor," is hereby
amended to add,to the end of the first paragraph: I
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The Contractor shall not employ, or permit to be employed, any undocumented
aliens (i.e.,persons who are not citizens or nationals of the United States) to perform any
portion of the Work.
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E. Section 7-3. of the Standard Specifications, entitled "Liability Insurance," ,
is hereby amended to read in its entirety as follows: {
Contractor shall furnish to City a policy or certificate of liability insurance
indicating compliance with the following minimum insurance requirements within
ten (10) working days after Contractor's receipt of the Notice of Award and
Contractor shall maintain such insurance in effect during the entire term of this
Agreement:
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A. Workers' compensation insurance as required under Section 7-4 of the
Standard Specifications.
B. Comprehensive general liability, personal injury and property damage
liability, contractual liability, independent contractor's liability,
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and automobile liability insurance,with minimum combined liability limits
of One Million Dollars ($1,000,000)per occurrence for all covered losses,
and Two Million Dollars($2,000,000)in the aggregate. Any deductible or
self-insured retention in excess of Five Thousand Dollars ($5,000)shall be
declared to the City and requires the prior approval of the City's Risk
Manager. Each such policy of insurance shall_:
(1) Be issued by a good and solvent insurance company reasonably I
acceptable to the City which company holds a current
policyholder's alphabetic and financial size category rating of not
less than A VIII, according to the current Best's Key Rating Guide
or a company of equal financial stability which is approved in
writing by City's Risk Manager;
(2) Name and list on the Certificate of Insurance and the Endorsement '
as additional insureds the City and its officers,employees,and
agents and, if the City's Risk Manager so requires,the City of San
Clemente Redevelopment Agency and its officers, employees, and
agents (an endorsement shall accompany the insurance certificate
naming such additional insureds); I
(3) Specify that it acts as primary insurance and that no insurance held
or owned by City(or if applicable,the Redevelopment Agency)
shall be called upon to cover a loss under said policy;
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(4) Contain a clause substantially in the following words: "It is hereby
understood and agreed that this policy of insurance may not be
cancelled or materially changed except upon thirty(30)days prior
written notice to City of such cancellation or material change as
evidenced by a return receipt for a registered letter;"
(5) Cover the operations of Contractor pursuant to the terms of this
Agreement; and
(6) Be written on an occurrence and not a claims made basis.
Except as provided for in Subsection 6-10 of the Standard Specifications,
Contractor shall save,keep, and hold harmless City, its officers,and agents from
all damages,costs or expenses in law or equity that may at any time arise or be set
up because of damages to property,or a personal injury received by reason of or
in the course of performing work,which may be caused by any willful or
negligent act or omission by Contractor, any of Contractor's employees or agents,
or any subcontractor. City will not be liable for any accident, loss or damage to
the Work prior to its completion and acceptance except as provided for in
Subsection 6-10.
The cost of this insurance shall be included in Contractor's bid. [
F. Section 7-8.6 of the Standard Specifications, entitled "Water Pollution
Control,"is hereby amended to read in its entirety as follows:
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7-8.6 Water Pollution Control.
If applicable,Contractor shall be required, at its sole expense,to obtain
coverage under the NPDES General Construction Permit and comply with all
terms and conditions thereto. Information.regarding this permit can be obtained
from the State Water Board's website at:
http/f��-� �wswrcb.ca. ovhvatea issues/j..2ro«rams/storinwater/construction.sht Ill l.
In addition, the Contractor shall comply with the City of San Clemente's
Municipal Code Section 13.40,entitled Storm Water Runoff Control Ordinance.
Contractor is required to employ and maintain Best Management Practices
(BMPs)consistent with the Storm Water Runoff Control Ordinance, Sections 7 &
8 of the City's Local Implementation Plan, and the most recent version of the
Countywide Construction Guidance Manual. All reference documents are
available on the City's website or by calling the Environmental Section at(949)
361-6143.
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G. Section 9-3.2 of the Standard Specifications, entitled "Partial and Final
Payment," is hereby amended to read.in its entirety as follows:
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9-3.2 Partial and Final Payment.
As a condition of receiving monthly progress payments, Contractor shall,
prior to the tenth of the month, submit to City an invoice specifying the work
performed during the previous month and Contractor's allocated dollar value for
that work.
Within fifteen (15) days of receipt of the invoice, the Engineer shall make
an approximate measurement of the work performed to the closure date and as basis
for making monthly payments, estimate its value based on Contract Unit Prices or
as provided for in Section 9-2 of the Standard Specifications (the "Progress
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Estimate"). When the Work has been satisfactorily completed, the Engineer will
determine the quantity of work performed and prepare the final estimate.
Within fifteen (15) business days of the City's approval of the Engineer's
Progress Estimate, Contractor shall receive partial payments in the amount of the
Progress Estimate less five percent (5%) which will be deducted and retained by
the City. Notwithstanding the foregoing, the total retention proceeds retained by
the City shall not exceed five percent(5%)of the total Contract amount.
Notwithstanding anything herein to the contrary, in the event any of
Contractor's insurance as required pursuant to this Agreement or any of the
Contract Documents expires during the term of this Agreement,City shall withhold
any payment due to Contractor hereunder until such time as Contractor obtains
replacement insurance that meets all of the applicable requirements hereunder and
submits certificates and endorsements evidencing such insurance to City.
Notwithstanding anything herein to the contrary, (i) the limitations on
retention shall not apply to amounts withheld or deducted from payment as
liquidated damages pursuant to Section 6-9 of the Standard Specifications; and (ii)
no progress payment made to the Contractor or its sureties will constitute a waiver
of liquidated damages under Section 6-9 of the Standard Specifications.
Contractor shall not be entitled to any payments over and above the Unit
Price or the total Contract Price.
As provided in Sections 10263 and 22300 of the California Public Contract
Code, the Contractor may substitute securities for any monies withheld by the
Agency to ensure performance under the Contract.
SECTION 4: MISCELLANEOUS.
4.1 No Duty to Third Parties.
This Agreement is intended to benefit only the Parties hereto. This Agreement is not
intended to and does not create any liability or obligation or duty to any person, group, or entity
Rev.Mar.2015
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not a Party to this Agreement. Neither City nor Contractor intend to create any third party I
beneficiary rights in this Agreement in any Contractor, Subcontractor, member of the general
public, or any other person, group or entity.
4.2 Notice.
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Every notice, demand, request,or other document or instrument delivered pursuant to this
Agreement shall be in writing,and shall be either personally delivered, sent by Federal Express or
other reputable overnight courier, sent by facsimile transmission with the original subsequently
delivered by other means, or sent by certified United States mail, postage prepaid, return receipt
requested,to the addresses set forth below,or to such other address as a Party may designate from i
time to time:
To City: City of San Clemente
City Hall
100 Avenida Presidio
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San Clemente, CA 92672
Attention: City Manager
cc: City Engineer
Telephone: (949) 361-8322
Fax: (949) 361-8285
To Contractor: Sancon Engineering, Inc t
5841 Engineer Drive
Huntington Beach, CA 92649
714-891-2323
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4.3 Rights and Remedies are Cumulative.
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Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement,the rights and remedies of the Parties are cumulative and the exercise by either Party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other Party.
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4.4 Legal Action.
Any Party may take legal action,in law or in equity,to cure,correct or remedy any default,
to recover damages for any default, to compel specific performance of this Agreement, to obtain
injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
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4.5 No Partnership.
The Parties to this Agreement renounce the existence of any form of joint venture or
partnership between them and agree that nothing contained in this Agreement or in any document
executed in connection with this Agreement shall be construed as making the Patties joint
venturers or partners.
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4.6 Entire Agreement.
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This Agreement constitutes the entire understanding and agreement of the Patties and
integrates all of the terms and conditions mentioned herein or incidental hereto with respect to the
subject matter hereof, and supersedes all negotiations or previous agreements between the Parties
with respect to al or part of the subject matter hereof.
4.7 Amendment.
This Agreement may be amended in writing at any time by the mutual consent of the
Parties. No amendment shall have any force or effect unless executed in writing by the Patties.
4.8 Obiective Construction.
This Agreement reflects the negotiated agreement of the Parties. Accordingly, this
Agreement shall be construed as if all Parties jointly prepared this Agreement and no presumption
against one Party or the other shall govern the interpretation or construction of any of the terms of
this Agreement by virtue of the preparation or authorship of this Agreement.
4,4 Waiyerc
All waivers of the provisions of this Agreement shall be in writing and signed by the
appropriate authorities of the Party to be charged. No waiver shall be effective unless it is in
writing and signed as required herein.
4.10 Severability.
If any term, provision, covenant, or condition of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the
Agreement shall continue in full force and effect, unless and to the extent that the rights and
obligations of any Party would be materially altered or abridged by such interpretation.
4.11 Applicable Law.
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This Agreement shall be construed and enforced in accordance with the laws of the State
of California. Any and all actions filed by any Party to enforce any rights or obligations created
by this Agreement shall be filed in a court of competent jurisdiction in the State of California.
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4.12 Attorneys' Fees.
In the event of any legal action arising out of. (1) disputes concerning whether the Work
performed conforms with the.Plans and Specifications; (2)disputes concerning whether the Work
performed is defective; or (3) disputes concerning enforcement of warranty obligations, the
prevailing Party in such action shall be entitled to recover its reasonable costs and expenses,
including without limitation reasonable attorneys' fees and costs. Attorneys' fees shall include
attorneys'fees on any appeal,and in addition,a Party entitled to attorneys' fees shall be entitled to
all other reasonable costs for investigating such action, including the taking of depositions and
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discovery,and all other necessary costs incurred in the litigation. All such fees shall be deemed j
to have accrued on commencement of such action and shall be enforceable whether or not such
action is prosecuted to final judgment.
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4.13 Reasonableness.
Each of the Parties and its agents, employees, attorneys, and consultants shall act
reasonably in exercising any rights and taking any actions pursuant to this Agreement.
4.14 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that they are
duly authorized to execute this Agreement on behalf of said Parties and that,by so executing this
Agreement,the Parties hereto are formally bound to the provisions of this Agreement.
SECTION 5: LABOR CODE COMPLIANCE.
Registration Requirement.
Pursuant to Labor Code section 1771.1,no contractor or subcontractor may be listed on a
bid proposal for a public works project unless registered with the Department of Industrial
Relations. Furthennore, Contractor is hereby notified that no contractor or subcontractor may be
awarded a contract for public work on a public works project unless registered with the Department
of Industrial Relations. By signing this Agreement Contractor certifies that Contractor, and all
subcontractors, hold current and valid registrations with the Department of Industrial Relations.
5.2 Compliance Monitoring.
Pursuant to Labor Code section 1771.4, Contractor is hereby notified that this project is
subject to compliance monitoring and enforcement by the Department of Industrial Relations.
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CITY OF SAN CLEMENTE
By: j
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ATTEST: Its: j
Dated: ,20
CITY CLERK of the City of
San Clemente,California
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Approved as to form
BEST BEST KRIEGER:
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City Attorney
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APPROVED AS TO AVAILABILITY
OF FUNDING
By:
Finance Authorization I
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("CONTRACT R")
License Number:
By:
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Dated: VL'��'�-e-✓ ��{ , 20��o j
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WORKER'S COMPENSATION INSURANCE CERTIFICATION
Sewer and Storm Drain Rehabilitation
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City Project No. 24200&26001
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Sections 1860 and 1861 of the California Labor Code require every Contractor to whom a
Public Works Agreement is awarded to sign and file with the Awarding Body the following
statement:
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"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers'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."
Dated: (4D ham✓ 24 ,20 1 to
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Sancon Engineering, Inc.
Contracting Firm
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By:
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Title
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Address
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CERTIFICATE THAT NO WORKERS' COMPENSATION INSURANCE
IS REQUIRED (ALTERNATE/IF APPLICABLE)
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I hereby certify that Contractor has no employees, that no employees will perform
services with respect to the Project that it is the subject of this Agreement, and, accordingly, that
no workers' compensation insurance need be maintained pursuant to applicable provisions of
law. Contractor hereby agrees to indemnify, defend, and hold harmless the City of San Clemente
and all of its officials, employees,and agents from and against any and all claims, liabilities,and
losses relating to personal injury or death,economic losses,and property damage arising out of
Contractor's failure to provide such worker's compensation insurance.
Dated: JD bb( �� ,20 )b
Sancon Engineering,Inc.
Contracting Firm
By: MA
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Title
SK4 l Eytc,���z✓ r
Address
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Rev.Mar.2015 - 14- !
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WARRANTY FORM
Sewer and Storm Drain Rehabilitation
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City Project No.24200&26001 i
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We hereby guarantee to the City of San Clemente the work that we have constructed for a
period of one(1)year after the date of acceptance.
We agree that if any of the equipment should fail due to any reason other than improper j
maintenance or improper operation, if any pipe or appurtenances should develop leakage, or if I
any settlement of fill or backfill occurs, or should any portion of the work fail to fulfill any of the
requirements of the Specifications,we will,within five(5)days after written notice of such
defects,commence to repair or replace the same together with any other work which may be z
damaged or displaced in so doing.
In the event of our failure to comply with the above mentioned conditions within a
reasonable time after being notified, or should the exigencies of the case require repairs or
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replacements to be made before we can be notified or respond to notification,we do hereby
authorize the City of San Clemente to proceed to have the defect repaired and made good at our
expense, and we will pay the cost therefor upon demand.
The warranty provided herein shall not be in lieu of, but shall be in addition to any
warranties or other obligations otherwise imposed by the Contract Documents and by law.
Dated: 0 C-6 R"r 20 lJo I
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Sancon Engineering, Inc.
Contracting Firm
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