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Sancon Engineering Inc NECORDING REQUESTED BY: City of Rancho Palos Verdes WHEN RECORDED MAIL TO: r City Clerk1 Name , I 1011191121°90, 41111\ 119 12° 3��4�►,; \\I\Cit of Rancho Palos Verdes1\ \!,\V,1 i Street 30940 Hawthorne Blvd. 1+ \; �;,'; AAddressRancho Palos Verdes ' '�,I� t1i I City ��\V,, State Zip 90275 Space above this line for recorder's use WOLCOTTS FORMS INC. SINCE 1893 NOTICE OE COMPLETION Notice pursuant to Civil Code Section 3093,must be filed within 10 days after completion.(See reverse side for complete requirements.) Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate_stated below in the property hereinafter described. 2. The full name of the owner is City of Rancho Palos V e r e s 3. The full address of the owner is 30940 Haw borne Blvd, Rancho Palos Verdes, CA 90275 4. The nature of the interest or estate of the owner is: In fee. (If other than Fee,strike'In fee'and insert,for example,'purchaser under contract of purchase,'or`Lessee') 5. The full names and full addresses of all persons,if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to: NAMES ADDRESSES 7. A work of improvement on the property hereinafter described was completed on April 30 , 2013 .The work done was: Storm Drain Rehabilitation - Lines 35, 36, & 37 8. The names of the contractor,if any,for such work of improvement was Sancon ngineering, Inc. (If no contractor for work of improvement as a whole,insert'None) (Date of Contract) 9. The property on which said work of improvement was completed is in the City of Rancho Palos Verde s County of Los Angeles ,State of CA ,and is described as follows: Public Right of Way on Palos Verdes Drive East at Crownview & APN 7566-023- 026 10. The street address of said property is (If no street address has been officially assigned,insert'none'.) Dated Ojkithit,rt_ leAtitz to -- a - � � (Sit l L y O L r K g lie O ftegrivgl i V g 6 g his agent) CityVERIFICATION Clerk >�T,�,N I,the undersigned,say:I am the ,thetOeclarapt of the foregoing Notice of Completion; (President of,Manager of,Partner of,Chimer of,etc.} '4' 4.y�, • I have read said Notice of Completion and know the contents thereof;the same is true to rvy own knowledge. I declare under penalty of perjury that the foregoing is true and correct. CPalos. Executed on �� �,it, Of Rancho Verdes CA ,20 .t J.., . 4 1 W- (Personal signature of the individual who is swea ng th,ttho••f is of the Notice of Completion are true) Before you use this form fill in all blanks, and make whatever changes are.a p(opriate_and necessary il!, to your particular transaction.Consult a lawyer if you doubt the form s fitness for your purpose and use. i! Wolcotts makes no representation or warranty, express or implied,with respect-to the merchantability 7 or fitness of this form for an intended use or purpose. 02005 WOLCOTTS FORMS,INC. 6777 S 01114 2 FORM 1114 Rev.10-05 DO NOT RECORD THIS PAGE REQUIREMENTS AS TO NOTICE OF COMPLETION Notice of completion must be filed for record WITHIN 10 DAYS after the completion of the work of improvement (to be computed exclusive of the day of completion) as provided in Civil Code Section 3093. The "owner" who must file for record a notice of completion of a building or other work of improvement means the owner (or his successor in interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title. For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his interest at the date the notice is filed, must file the notice. If the ownership is in two or more persons as joint tenants or tenants in common, the notice may be signed by any one of the co-owners (in fact, the foregoing form is designed for- giving orgiving of the notice by only one co-tenant), but the names and addresses of the other co- owners must be stated in paragraph 5 of the form. Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or transferors. In paragraphs 3, 5 and 6, the full address called for should include street number, city, county, and state. As to paragraphs 7 and 8, this form should be used only where the notice of completion covers the work of improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form must be modified as follows: (1) Strike the words "A work of improvement" from paragraph 7 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (e.g., "The foundation for the improvements"); (2) Insert the name of the contractor under the particular contract in paragraph 8. In paragraph 8 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractor's name need to given if there is no general contractor, e.g. on so- called "owner-builder jobs." In paragraph 9, insert the full, legal description, not merely a street address or tax description. Refer to deed or policy of title insurance. If the space provided for description is not sufficient, a rider may be attached. In paragraph 10, show the street address, if any, assigned to the property by any competent public or governmental authority. This page is part of your document-DO NOT DISCARD y�F Lo= 20131433096 +Fqi�l �l�� 433096 Wi _ IIII II IIII 0110011111 Official @I II P0603: Recorded/Filedin 4' Recorders RecordeYs ice, Los Angeles County, California c4uioaMtis 10/03I13AT07:15PM FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 11111 I IIII II I III I II I I III I II I I II I IIII II I I1 III IIIIIII II IIII III I IIII LEADSHEET III I I II II III II I llfl II II II II II III II III IN II II IIII 201310030810018 00008393263 11111111111 005814611 SEQ: 01 DAR - Counter (Upfront Scan) 1101 l IllUPlIH II Oil 0111 U U IOIIH1I 01 IIUH II lUlllllIl 11110111 101 ll IIU Oil ill fllMl11lllMIlllllll111Nl ll 011110 iii • - THIS FORM IS NOT TO BE DUPLICATED - CITY OF RANCHO PALOS VERDES PUBLIC WORKS AGREEMENT FOR STORM DRAIN REHABILITATION PROJECT— LINES 35, 36 AND 37 THIS AGREEMENT("Agreement") is made and entered this 16th day of October, 2012, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and Sancon Engineering, Inc("Contractor"). Contractor's license number is 731797. In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the project identified as Storm Drain Rehabilitation Project—Lines 35, 36 and 37 ("Project"), as described in this Agreement and in the Contractor's Proposal, which is attached hereto as Exhibit "A" and incorporated herein by this reference, including miscellaneous appurtenant work. All work shall be performed in accordance with the latest edition of the Standard Specifications for Public Works Construction (commonly known as the"Greenbook"), prepared and promulgated by the Southern California Chapter of the American Public Works Association and the Associated General Contractors of California (collectively"Standard Specifications"),which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents,the terms of this Agreement shall control. 2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and accepted by the Contractor, shall be paid for under written work order in accordance with the terms therein provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing between the Contractor and the Director of Public Works.All extra work shall be adjusted daily upon report sheet furnished by the Contractor, prepared by the Director of Public Works, and signed by both parties,and said daily report shall be considered thereafter the true records of extra work done. 3. Effective Date. This Agreement is effective as of the date listed above,and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 4. Time. Time is of the essence in this Agreement. 5. Force Majeure. Neither the City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this Section. Each party shall notify the other promptly in writing of each such excusable delay, its cause and its expected delay, and shall upon request update such notice. 6. Compensation. In consideration of the services rendered hereunder,City shall pay Contractor a not to exceed amount of three hundred fifty-four thousand, two hundred and fifty-eight dollars and no cents ($354,258.00) in accordance with the prices as submitted in Exhibit "A," including a bond. 7. Payments. City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted payment request from Contractor. City shall return to Contractor any payment i request determined not to be a proper payment request as soon as practicable, but not later than seven(7)days after receipt,and shall explain in writing the reasons why the payment request is not proper. A payment shall be made as the City Council of the City prescribes upon estimates approved by the City Council. However, progress payments shall not be made in excess of ninety-five percent (95%)of the percentage of actual work completed plus a like percentage of the value of material delivered on the ground or stored subject to, or under the control of,the City,and unused.The City shall withhold not less than five percent (5%) of the Agreement price until final completion and acceptance of the Project. However, at any time after fifty percent (50%) of the work has been completed, if the City Council of the City finds that satisfactory progress is being made, it may,at its discretion, make any of the remaining progress payments in full for actual work completed. 8. Substitute Security. a. At the written request and expense of Contractor, securities equivalent to any moneys withheld by the City to ensure performance under this Agreement shall be deposited with the City, or with a state or federally chartered bank in the State of California as the escrow agent, that shall then pay those moneys to Contractor. Upon satisfactory completion of the Agreement, the securities shall be returned to Contractor. b. Alternatively, Contractor may request that the City shall make payment of retentions earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the investment of the payments into securities, and Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by Contractor. Upon satisfactory completion of the Agreement, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this Section. c. Securities eligible for investment shall include those listed in California Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security to which Contractor and the City mutually agree in writing. Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. d. If Contractor elects to receive interest on moneys withheld in retention by the City, it shall, at the request of any subcontractor performing more than five percent (5%) of Contractor's total bid, make that option available to the subcontractor regarding any moneys withheld in retention by Contractor from the subcontractor. Further mandatory details are provided in Public Contract Code Section 22300(d), which is incorporated herein by this reference. e. The escrow agreement for security deposits in lieu of retention shall be substantially similar to the form provided in Public Contract Code Section 22300(f), which is incorporated herein by this reference. 9. Taxes. Contractor shall calculate payment for all sales, unemployment,old age pension and other taxes imposed by local, State of California and federal law. These payments are included in the total amounts in Exhibit"A." 10.Audit. The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by the City. Additionally, Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under this Agreement. 11. Unresolved Disputes. In the event that a dispute arises between the City and Contractor regarding whether the conditions materially differ, involve hazardous waste,or cause a decrease or increase in Contractor's cost of or time required for performance of any part of the work,Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. In the event of any dispute or controversy with the City over any matter whatsoever,Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. This includes disputed time extension requests and prices for changes. The disputed work will be categorized as an"unresolved dispute"and payment, if any,shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate,detailed records of all disputed work, claims and other disputed matters. Public Contract Code Sections 20104 et seq. and Rancho Palos Verdes Municipal Code chapter 3.24("Claims Against the City")shall govern the procedures of the claim process, and these provisions are incorporated herein by this reference. 12. Termination. This Agreement may be canceled by the City at any time with or without cause without penalty upon five (5) days' written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder. 13. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: City of Rancho Palos Verdes Instructions for Execution of Instruments; Insurance Requirements for the City of Rancho Palos Verdes Public Works Contract; Noncollusion Affidavit; Workers' Compensation Certificate of Insurance; Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution; Additional Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess Liability). 14.Antitrust Claims. In entering into this Agreement, Contractor offers and agrees to assign to the City all rights,title,and interest in and to all causes of action it may have under Section 4 of the Clayton Act(15 U.S.C.Sec. 15)or under the Cartwright Act(Chapter 2(commencing with Section 16700)of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tenders final payment to Contractor without further acknowledgment by the parties. 15. Trenching and Excavations. If the project involves trenching more than four (4) feet deep, Contractor shall promptly and before the following conditions are disturbed notify the City in writing of any: material that Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117,that is required to be removed to a Class I,Class II, or Class III disposal site in accordance with provisions of existing law; subsurface or latent physical conditions at the site differing from those indicated; or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. The City shall promptly investigate the conditions,and if the City finds that the conditions do materially differ or do involve hazardous waste and cause a decrease or increase in Contractor's cost of or the time required for performance of any part of the work, the City shall issue a change order. 16. Utilities. The City acknowledges its responsibilities under Government Code section 4215 and incorporates that section herein by this reference. 17. Location of Existing Elements. The methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor's sole responsibility. Accuracy of information furnished,as to existing conditions,is not guaranteed by the City.Contractor,at its sole expense,must make all investigations necessary to determine locations of existing elements,which may include, without limitation, contacting U.S.A. Alert and other private underground locating firm(s), utilizing specialized locating equipment and/or hand trenching. 18. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly independent contractor. Neither the City nor any of its agents shall have control over the conduct of Contractor or any of the Contractor's employees, except as herein set forth,and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to the City in such a manner and to such persons, firms, or corporations at the Contractor wishes except as expressly provided in this Agreement. Contractor shall have no power to incur any debt,obligation, or liability on behalf of the City, bind the City in any manner,or otherwise act on behalf of the City as an agent. Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers'compensation law regarding Contractor and its employees. Contractor further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with applicable workers'compensation laws. The City shall have the right to offset against the amount of any compensation due to Contractor under this Agreement any amount due to the City from Contractor as a result of its failure to promptly pay to the City any reimbursement or indemnification arising under this Section. 19. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. The Agreement to Comply with California Labor Law Requirements is attached hereto and incorporated herein by this reference. Eight hours of labor constitutes a legal day's work. 20.Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows: "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 under take 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." 21. Subcontracting. Contractor shall adhere to all provisions of the Subletting and Subcontracting Fair Practices Act, Public Contract Code Section 4100 et seq., which is incorporated herein by this reference. , 22. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any individual based on race, color, religion, nationality, gender, sex, sexual orientation, age or condition of disability. Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations. 23. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7. 24. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs pursuant to this Agreement. 25. Bonds. Contractor shall obtain faithful performance and payment bonds,each in an amount that is not less than the total compensation amount of this Agreement,and nothing in this Agreement shall be read to excuse this requirement. The required forms entitled Payment Bond (Labor and Materials)and Performance Bond are attached hereto and incorporated herein by this reference. 26. Contractor's Representations. Contractor represents,covenants and agrees that:a)Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under this Agreement; c) there is no litigation pending against Contractor, and Contractor is not the subject of any criminal investigation or proceeding; and d) to Contractor's actual knowledge, neither Contractor nor its personnel have been convicted of a felony. 27. Conflicts of Interest.Contractor agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make Contractor "financially interested," as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement. 28. Third Party Claims. City shall have full authority to compromise or otherwise settle any claim relating to the Agreement at any time. City shall timely notify Contractor of the receipt of any third- party claim relating to the Agreement.City shall be entitled to recover its reasonable costs incurred in providing this notice. 29. Non-Assignability; Subcontracting. Contractor shall not assign or transfer any interest in this Agreement nor any part thereof,whether by assignment or novation,without the City's prior written consent. Any purported assignment without written consent shall be null,void,and of no effect,and Contractor shall hold harmless,defend and indemnify the City and its officers,officials,employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment. 30.Applicable Law. The validity, interpretation,and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. 31.Attorneys' Fees. If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach,default or misrepresentation in connection with this Agreement,the prevailing party shall be entitled to recover reasonable attorneys'fees,experts'fees,and other costs,in addition to any other relief to which the party may be entitled. 32. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 33.Authority. The person executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 34. Entire Agreement.This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 35. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 36. Non-waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. 37. Notice. Except as otherwise required by law, any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's or City's regular business hours or(b)on the third business day following deposit in the United States mail, postage prepaid,to the addresses listed below, or at such other address as one party may notify the other: To CITY: Mr. Jim Hendrickson, Interim Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONTRACTOR: The address listed in Exhibit"A." 38. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 39. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction,the remaining provisions of this Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. CIN O 'PYi HO PAL S VERDES i By. 010 May•r ATTEST APPROVED AS TO FORM: By: By: City Clerk City Attorney Dated: 6.1k.1oc-L :44-e-A1,-- r ("CONTRACTOR") By: Printed Name: /14A I2' eo' 77o Title: By: 16/140:61---- Printed Name: (;12//, ��/Ie.A./ei-% Title: 5Ccre-71:47 • • ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 •�••/-'.�`•/--•-••--•/-`•-••/--•--•-`•-••��•/�.-'•--•�y--•.--./-`.-`•—`d-`•/-`•�`•�`•�-•lam•l"-•-1 v---v---d--d-`d-'•l-v---."--v--•-`•/--•,-`•/--•--•-`•--•--•• N State of California >> County of Cite-Ar.1Co E >> On la 1 4 B ( jt.. before me, C s-i4&L�.s PPoitSce S r�S orA-i Po1cc �� CDate Here Insert Name and Title of the Officer C personally appeared . c.,c- LX isg.,4 7�, i C�C2%S D a �mr P p y ,. Name(s)of Signer(s) •C who proved to me on the basis of satisfactory >> evidence to be the person(s) whose name(s) i'/are j subscribed to the within instrument and acknowledged >> to me that he/she/they executed the same in >> hit/tier/their authorized capacity(ies), and that by >> � 0, , CHARLES B. PARSONSfps/her/their signature(s) on the instrument the :�'`" # 1943036 �� , CommissionZ Q": ''i'3"O.i Notary Public -California D person(s), or the entity upon behalf of which the >> Z ',k . 'r Orange County person(s) acted, executed the instrument. i r My Comm.Expires Jul 30,2015 I certifyunder PENALTY OF PERJURY under the >> C >> laws of the State of California that the foregoing >> paragraph is true and correct. WITNESS my h d and of 'tial s-:I. Signature: n. Place Notary Seal Above Signature of Notary Public C OPTIONAL >> t 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 >> p Title or Type of Document: Document Date: Number of Pages: >> Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) C Signer's Name: Signer's Name: >> ❑ Corporate Officer — Title(s): Corporate Officer — Title(s): C. ❑ Individual RIGHT THUMBPRINT Ii Individual RIGHT THUMBPRINT • OF SIGNER OF SIGNER i ❑ Partner — Limited General Top of thumb here ❑ Partner — Limited General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ;>> C ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: >> C •� Signer Is Representing: Signer Is Representing: C •� G•_•\__,• • •�•\__.•�__.• $__,• • •._•—•�.• •\.• • • • •�.• •�.• •�.• • •�.•�.•�.•�.•�.•�.•�.•�.•�.•�.•�.•�•\ •\..•\_.•\_.•\,•�__.•\.•\m/•, ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 • Exhibit"A": Contractor's Proposal • SANCON ENGINEERING, INC. GENERAL ENGINEERING CONTRACTOR Tel: (714)891-2323 STATE CONTRACTORS LICENSE#731797 Fax: (714)891-2524 BID # B12474 Date: September 12, 2012 To: City of Rancho Palos Verdes Attention: Andy Winje Phone: 310-544-5249 Email: andyw@rpv.com Project: Storm Drain Rehabilitation Project— Lines 35, 36, and 37 Owner / Agency: City of Rancho Palos Verdes Based on information furnished to Sancon plus a review of the job site, please find below our proposal to rehabilitate the (2) 48"x 180'CMP storm drains and the 54"x 800'CMP storm drain utilizing Centripipe trenchless pipeline rehabilitation technology. Centripipe is being offered as an alternative solution to the project specified CIPP as fully structural CIPP and non-structural invert paving were not feasible solutions for the rehabilitation of the above pipelines. Our proposal includes: • Confined Space Entry Procedures & Equipment • Standard insurance coverage up to $4 Million • Pre-video of sewer main just prior to lining to confirm and document immediate acceptability for lining. • Install Centripipe fully structural pipe liner at 2in average thickness • Install 54"Weko Joint Seals at (2) Separated RCP joints • Reconnection of active HC's within lined pipe. • Final video inspection to confirm successful Centripipe liner installation Assumptions / Notes: • Normal working hours M — F 7 AM to 5PM • Water services generating waste water located within the Water Department property shall be shut off or discharges re-routed to prevent water from draining into the pipeline during our liner installation • Access to the upstream creek inlet on the 54"shall be coordinated by the City • Assumes work is performed during dry weather conditions • Performance Pipeline will perform cleaning and invert grouting where required per bid unit rates prior to our work This proposal excludes: • Excludes invert repair and pipeline cleaning (Separate bid item) • Excludes BMP's, Survey and Staking, Preparing As-builts, Lateral Bypassing • Excludes excavation type point repairs of any kind, if required, including pit construction / restoration. • Excludes restorations or, re-vegetation • Standby or work outside of our scope will be billed at $165.00 / manhour which is inclusive of equipment Price: $350,750.00 Lump Sum PRICE IS BASED ON ONE MOBILIZATION. ADDITIONAL MOBILIZATIONS BILLED AT: $4,950.00 EACH. BOND, IF REQUIRED, WOULD ADD 1% TO TOTAL BID PRICE. PRICE IS BASED ON RETENTION BEING WITHELD A MAXIMUM OF 90 DAYS AFTER COMPLETION OF OUR WORK. PRICE IS FIRM FOR A PERIOD OF THIRTY DAYS FROM RECEIPT. PAYMENT TERMS NET 30 DAYS OR PER CONTRACT. Respectfully Submitted, Accepted By: Date: n Helmuth Sancon Engineering, INC. P0: B12474.doc 5841 Engineer Drive Huntington Beach, CA 92649 ,4 i ( ,I, •,;' *o'• 0'•1, 44 - ::.0 -'1,,,,,,, , ... 41, ,'. • —6,..,*f,.,',..\-Al. / ,'°e,4.44,,,,t , ---- s' • .,3, ,''.'\V-04; ;.r!.., , , ' "'A .• t .' -~:--'"4 Ivy 4 c\i NJ (*- co 10 ,:i?$s'Y.., — cv (NI -,.....- '1,,k, -.,, , , • ,, ,- ,, , ‘ ,,t)gij,;,9 .,.',••- , 'Is "0, -... 0%'',,C,, ,/: ii; - ., ,,,., ..,, • 1.*;, ' ;-.4.:, . ',,,„ ,' '.,, .,.,,,,, ' ‘*,,,,,‘r'',4,1','.,,'"'' ,,, /,,•',` ‘4\'',, , a) a) ... ..... 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'D - - ....1e-vs71:::, --•- '''''. 0 Z H 7 •• 24'-... „.•,, .i.'',„„..,_, . L.L1 - ,,... _:111=2,1P. ; Ale < C.) '- . " 7.7'•:.-_.'' *Ir-,:z- '''"---•••Allii- -. 0. N < LCFj --- LU CO Z < • (/) Lij H 0 0 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2,Part 7,Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency("Agency")and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall,as a penalty to the Agency,forfeit not more than fifty dollars ($50)for each calendar day,or portion thereof,for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to(1)keep accurate payroll records,(2)certify and make such payroll records available for inspection as provided by Section 1776,and(3)inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2,Part 7,Chapter 1,Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861,Contractor hereby certifies as follows: "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." r,t. Date 0 60/2--- Signature C-15 R6876.0001\1351691 v3 --• ; Bond No. 1973813 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the CITY OF RANCHO PALOS VERDES ("Public Agency"),has awarded to SANCON ENGINEERING, INC. 5841 ENGINEER DRIVE, HUNTINGTON BEACH, CA 92649 4-891- (Name - and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows:2012 STORM DRAIN REHABILITATION AND LINING PROJECT WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law. NOW,THEREFORE,we,the undersigned Principal,and HANOVER INSURANCE COMPANY 2 MacArthur Place, 2nd Floor, Santa Ana, CA 92707 714-415-3808 (Name and address of Surety) ("Surety")a duly admitted surety insurer under the laws of the State of California,as Surety,are held and firmly bound unto the Public Agency in the penal sum of THREE HUNDRED FIFTY THOUSAND, SEVEN HUNDRED FIFTY AND 00/100 DOLLARS Dollars($350,750.00 ), this amount being not less than one hundred percent (100%)of the total contract price,in 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. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs,executors,administrators,successors or assigns,or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code,or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract,or for any amounts required to be deducted, withheld,and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code,with respect to work or labor performed under the Contract,the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the court. Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder,or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby waive notice of any such change,extension of time,alteration,addition,or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code'2845 and 2849. C-10 R6876.0001\1351691 v3 IN WITNESS WHEREOF,two (2)identical counterparts of this instnunent, each of which shall for all purposes be deemed an original hereof,have been duly executed by Principal and Surety,on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: OCT. 22, 2 012 "Principal" "Surety" SANCON ENGINEEERING, INC. HANOVER INSURANCE COMPANY 4000.1r d0""mw— / 1111,ifr / /r By: ,fre‘ds7 ,7By; Michael R. Langan 110 Its Its Attorney in Fact By: By: Its Its (Seal) (Seal) APPROVED AS TO SURETY AND APPROVED AS TO FORM: PRINCIPAL,AMOUNT RICHARDS,WATSON&GERSHON A Professional Corporation By: By: Insurance Administrator Public Agency Attorney Note: This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. C-11 86876.0001113 51691 v3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On Oct. 22 L 20]_2 before me, Kendra Michelle BootsNotary Public , Dale Here Tile oi trle personally appeared Michael R. Langan Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose name(4) is/ r subscried to the within instrument and acknowledged to me that IMHAMMM�I�.�.�IIM�w�w.IN�NI�� 3' KENDRA MICHELLEBOOTS executed the same in hisflaalait authorized '‘ COMM. # 1951463 < capacity( , and that by hiseittatiOsignature. on the !` =. = - WARY PUBLIC-CALIFORNIA cp instrumentthe person(;), or the entity upon behalf of oc "� which the rson( acted, executed the instrument. �r�. ups ANGELES��� l�:Sr:s. } My Comm.Expires Oct 1,2015 3 .. . ...__..�.s,.......•.,rs.r.s...tt.. ..� I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my :nd and official seal. i/ta.46 Signat -Place Notary Seal Above Signature of Notary Pubric 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 LABOR AIM NATE'IALS P YMENT BOND Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: -Michael B. Langan Signer's Name: • Individual 0 Individual D Corporate Officer---Title(s): _'Corporate Officer--Title(s): • Partner Limited 0 General =- er —LimitedP..12,1--7 _---p1. l �;� . :` At eyinFad :F =j:"1 Top of thumb Attorney in Fact , here • Trustee here D Trustee O Guardian or Conservator 0 Guardian or Conservator o Other 0 Other: Signer Is Representing: Signer Is Representing: H ANOVE R TNSRIR ( s i'ANY AND/OR - - - - _.. *..i _._ # -' a� _ tPAW �����=c.�-��.��..���.�.�:�`�c.�%t.���-c.`�c:�.�,�:,�=�.�.�Y=�.�.�,�„.:�:�;,�;•,,-�;;-%�:�-=v��c.�� {� t.��:�t:'{-x 002007 National Notary Association.9350 LT . C 1• ane • CAi hjarm A -Ree i , , , ,„ . . . . , $ IR gq : ' ' : l '' - . .. ,g - i .,. 1--'1' . . 1.. 1. ' - ' ; - ..! - - .::,".. I - :--.1 41:- 1- . - -. • I. 111:11 .' t 1...'•'''''' - - 11-1 ' --•- • . — till !.. . . 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' if -tri .4 i '1,,,.;:::::?...;',.'''...-,':.:::::.-1,:::::,:,....,;::',;:':.t#,..,,-...,::,.;:,.:;:,-. 0,,it ' 1 .. w- . 8..L. $ i 9.,_ fill I I ''':414,' - q -.A.,.104, 1fAint .. . ittivi ; ...,,. , , ...T.,-_,..,..-.::., II itifil 11 li 1 1 ' � titin .. h ., ,,,,..: ..,;..... ,. urn 1- I a , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .,-1 v---v--v--',--•/'v-'/1',--v-v-v-•--.,--v-v-v-v-v--.,-1 v-v-v-v-v-v-v--„--.,-`v-v--.�-v-„v1 v-v-v-v-v-v1 v1 v-v-•--•�-•l^\• N ;) State of California / 1County of Dre"*Ce. I J i €t,tc 3G. s O�c9Qts tic. • On before me, ,• Date Here Insert Name and Title of the Officer A 1 personally -tto appeare ,tat ;.. 9-i d Name(s)of Signer(s) i �• who proved to me on the basis of satisfactory ? evidence to be the persona-whose name% is/gra A subscribed to the within instrument and acknowledged >> to me that he/ y executed the same in >> his/ authorized capacity(a, and that by >> his/fie signature on the instrument the ; person�}, or the entity upon behalf of which the >> person*acted, executed the instrument. >> I certify under PENALTY OF PERJURY under the j laws of the State of California that the foregoing ,���� VIVI GOENAWAN is true and correc 0'. ,,�'1:_� Commission# 1894893 Z paragraph >> Z .4 - 1.Z Notary Public-California n 4k I Z Orange County WITNESS my hand and • :uj;i • . >> My Comm. Expires Jul 9,2014 Ai • Signature: >> 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 Docume t >> p • Title or Type of Document: aV�H.f Document Date: Number of Pages: >> C ; Signer(s) Other Than Named Above: >> Capacity(ies) Claimed by Signer(s) McAA.)(4.1. '�t�u tiW alSignet's Name: Signer's Name: Corporate Officer—Title(s): feeirial2443.- ❑Corporate Officer—Title(s): >> ❑ Individual RIGHT THUMBPRINT ❑ Individual RIGHT THUMBPRINT OF SIGNER OF SIGNER �. ❑ Partner—❑Limited ❑General Top of thumb here ❑ Partner—❑ Limited ❑General Top of thumb here ❑ Attorneyin Fact ❑Attorney in Fact >> ❑ Trustee ❑Trustee >> ❑ Guardian or Conservator ❑Guardian or Conservator �• ❑ Other: ❑Other: >> Signer Is Representing: Signer Is Representing: j 9 C • ©2009 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 Bond No. 1973813 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the CITY OF RANCHO PALOS VERDES, CA ("Public Agency"),has awarded to SANCON ENGINEERING, INC. 5841 ENGINEER DRIVE, HUNTINGTON BEACH, CA 92649 714-891-2323 (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: 2012 STORM DRAIN REHABILITATION AND LINING PROJECT WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW,THEREFORE,we,the undersigned Principal,and HANOVER INSURANCE COMPANY 2 MacArthur Place, 2nd Floor, Santa Ana, CA 92707 714-415-3808 (Name and address of Surety) ("Surety")a duly admitted surety insurer under the laws of the State of California,as Surety,are held and firmly bound unto the Public Agency in the penal sum of THREE HUNDRED FIFTY THOUSAND SEVEN HUNDRED FIFTY AND 00/100 DOLLARS Dollars($350,750.00 ),this amount being not less than the total contract price,in 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. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform all the undertakings,terms,covenants,conditions and agreements in the Contract and any alteration thereof made as therein provided,on the Principal's part to be kept and performed,all within the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and hold harmless the Public Agency,its officers,agents,and others as therein provided,then this obligation shall become null and void;otherwise,it shall be and remain in full force and effect. In case suit is brought upon this bond,Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER,the Surety,for value received,hereby stipulates and agrees that no change,extension of time, alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder,or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby waive notice of any such change,extension of time,alteration,addition,or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code '2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. C42 R6876.0001\1351691 v3 J 1 IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof,have been duly executed by Principal and Surety,on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: OCT. 22, 2 012 "Principal" "Surety" S N EN ERING, I HANOVER INSURANCE , PANY 4. / i si t/v t...,- By: By: Michael R. L ngan Its Its Attorney in Fact By: By: Its Its (Seal) (Seal) APPROVED AS TO SURETY AND APPROVED AS TO FORM: PRINCIPAL AMOUNT RICHARD S,WATSON&GERSHON A Professional Corporation By: By: Insurance Administrator Public Agency Attorney Note: This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached C-13 86875.0001\1351691 v3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Lop Angeles On Oct. 22/ 2 012 before rime, Kendra Ml the l l e Bock t s, No i ary Pub l i o Date Here Insert Name and Title of the Officer personally appeared Michael R. Langan Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person0 whose name* isAl subscrbed to the within instrument and acknowledged to me that `s .M_�.�.~.KENDRA MICHELLE BOOTS .v - he, executed the same in h' authorized z---.414A, �'4A, COMM. # 1951463 #that h' si atu on the cn .� pacity = by signature* r = NOTARY PUBLIC •CALIFORNIA instrument the person(O, or the entity upon behalf of Y.. LOS ANGELES COUNTY " which the rson acted,executed the instrument. My Comm.Expires Oct 7 2415 ..............-..••«••..:..n. a-s:: I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1°17(— Place Notary Seal Above S�gnat Stature of Notary Pubric ---. OPTIONAL AL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document 'ee,fQ,p4nc e_ Bond Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Mi ch ae 1 R. Langan Signer's Name: O Individual 0 Individual O Corporate Officer--Title(s): 0 Corporate Officer—Title(s): ❑ Partner Q Limited 0 General ^ ., ❑Partner—0 Limited 9 General ii"i=�'Li'!SPRINT CF SIG ER 0 Attorney in Fact S`G ER O= l Attorney in Fact Top of here Top of thumbhereTrustee o Trustee O Guardian or Conservator 0 Guardian or Conservator O Other: 0 Other: Signer Is Representing: Signer Is Representing: HANOVER INSURANCE CO ANY AND/OR IITMASSACHUSEITSCE COMPANY �`/V W W W't"���-�V__ T �"V�"_V��V W�V W W`1�✓--:-I�V�V��I`�V W W V W W�V^!Yy'dI�V��V�1I�W��Y�lI_�V W W W W��`I�f ®20071tionat Notary Association•9350 de Solo Ave..P.O.Boot 2402•Cts,CA 91313-2402•wrffit.NationaiNotary.org kem 415907 Reader:Call Tod-Free 1-800-8766827 ifaj.1- 811 I! 1111 II I i , ' 1 4 i i wi6 . Y ir 11 . j 11 11111111 I. ills it ' II ii, i , , , 1 / ..... i ii .,-, .1 „,,,,,, i ,to•' ,,h " , ,," 1,1 g 1 i II so, iittuf 1- 1 1 '''''','-,).4ti' ''' tifss NI 1 I till i :64k J i li 1._ ; ell t_ .+ , \t„4,:';‘,,,,-,:.;„:),,,, 121,1. ,1*,,,,i i of is is if! )1 a a Sd I , ~ a,r 4/$.4 I is II ii !1,1111 wl f Set . t ,r' 41. ,Vii ' I/. 5 1 t 1211 (:b li \''' 111,= tiv ll ill ,700- m, t § . a • \i1( , i '''''N . 1st S 1 17. 1°2.,. It jail T4 '_, 44141-. W1 IQ- xp1A y ts -8. ..g. I ft iiiii ' J / 11 11 11 i i ,' , ,4 '.. :',$: . Is i ,'sN:' • it . tw .,, ‘ . ()- 11 Is s tl -\v 8ui f li 1 gzi • sillr.,' ,,,., : *,;11‘,: ::, :s - • ! ' ' 11 II 41 1 IS it i 1'4‘ \' '''‘ r M ''-'4I -2 Llt9 1'5 II I if i I 1 ,,,44,, 1 t' i! 111t-si Ipi, 191 1 — pi i 04 -: ,440,—:,,,,,,, ,,, ; 1 Ifs ; ii !itgif 1 1 li, i--i ' '''' ) liltF gi s . 8- il 1 - , -- ,-*.v,i, , , Is 1 -. 0 s ..siltia at :,.. ,- W'i,..2-- r1 til II li ii, �. i, w() 4if 11 1 it111th , .. s . _,, - � ? r ate .,y,„` �y,x ... _ ' il ig i th tvill if , ilsk 1 I :' , i ;II ig, lig vel ft11 1 li • is ,:l.:1'1:,, , ,,,,iii 't'9,''''''' �? f - _ • •„ ... 111......"' II it,. al a" 1 ,ii. * , , , . f � 81 tifl t /511 7 ill I • � r r I iii t s ill ill :Igt!ii F.Itit 1 :15 i $ : i ,... iss. -1 .$ 4 it ,_s 1 3 11 Ilt II ' . t7 li 14 I il AI 1 ' 1 - all. , --- - , , 1- , 1 If I I .„... .84,1 , t ... :, 01 I i 1 . 1 2118 1 6 t jib* 11 1 I 1 Its I 1 1 ' 111111 1 ' '111*''" 1 t, ,., 1 1 1 1111 ,si . liiii I t r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A State of California t t C Count of ©CC r y G M • On /24)1v before me eitr"lj 61; Date Here Insert Name and Title of the Officer personally appeared .cca r)i ?? Name(s)of Signer(s) r. > whoproved to me on the basis of satisfactory >> ry P evidence to be the person() whose name(.) is/am ;j subscribed to the within instrument and acknowledged >> to me that he/sfiggiFey executed the same in >> his/1160W authorized capacity(iss), and that by >> • his/ITOM signature on the instrument the s• Person�� or the entity upon behalf of which the >> >> person(2}acted, executed the instrument. P� I certify under PENALTY OF PERJURY under the >> ,y, ., viol GOENAWAN A ACIW,1,:t; Commission# 1894893 laws of the State of California that the foregoing ,• i 01514K-1 ,0; Notary Public-California n paragraph is true and co r ect. Z 49 Orange County i j__::_ My Comm.Expires Jul 9,2014WITN ESS myhand an�*'� • ( - --al. >> 4 ,• Signature: Place Notary Seal Above Signature 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 >> C CA (17151/1/442) Title or Type of Document: feel,f4s-rimpttA.Yp Document Date: Number of Pages: >> C >> Signer(s) Other Than Named Above: >> Capacity(ies) Claimed by Signer(s) • C-"tas 4- 0';'s0-14"Atttl) Signer'sSigners Name: Name:\A0 >> Corporate Officer—Title(s): ❑Corporate Officer—Title(s): >> >> ❑ Individual RIGHT THUMBPRINT ❑ Individual RIGHT THUMBPRINT OF SIGNER OF SIGNER )� ❑ Partner—❑Limited ❑General Top of thumb here ❑ Partner—❑ Limited ❑General Top of thumb here • ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee >> ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: >> C >> Signer Is Representing: Signer Is Representing: A ©2009 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Public Contract Code 7106] State of California ) )ss. County of C9 ) 6AArt5 V2�. .�k ,being first duly sworn,deposes and says th. .r she is vP� . of t L1c4.4. the party making the foregoing bid,that the bid is not made in the interest of,or on 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 of the bidder or any other bidder,or to fix any overhead,profit,or cost element of the bid price,or of that of any other bidder,or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not,directly or indirectly,submitted his or her bid price or any breakdown thereof,or the contents thereof,or divulged information or data relative thereto,or paid,and will not pay,any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature Subscribed and sworn to before me on /d-17- (Notary Seal) Signature Notary Public ,+ CHARLES B. PARSONS Commission# 1943036 1 ZI!! Notary Public-California 1 Orange County ,u'r,, Mt Comm.Expires Jul 30,2015 - - - -- - - - -- - - 3/30/2012 P- 13 ALLMERICA FINA L 1111 CITIZENS INSURANCE HANOVER INSURANCE` The Hanover Insurance Company Citizens Insurance Company Massachusetts Bay Insurance Company of America 440 Lincoln Street 645 West Grand River Worcester, MA 01653 Howell, MI 48843 MAINTENANCE BOND Bond No. 1973813 KNOW ALL MEN BY THESE PRESENTS: That we SANCON ENGINEERING. INC. as Principal, and HANOVER INSURANCE COMPANY ,as Surety,a corporation organized under the laws of the State of New Hampshire and duly authorized to do business in the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF RANCHO PALOS VERDES, CA as Obligee, in the penal sum of THREE HUNDRED FIFTY THOUSAND, SEVEN HUNDRED FIFTY DOLLARS ($350,750.00 ), to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the OBLIGEE dated ON OR ABOUT OCTOBER 16, 2013 for STORM DRAIN REHABILITATION PROJECT LINES 35,36 AND 37 . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work will be free of any defective materials or workmanship which became apparent during the period of One year following completion of the Contract then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. SIGNED and sealed this 12TH day of DECEMBER,2013. SANCON ENGINEERING, INC. Bye "1/4/1- (Seal) Principal HANOVER INSURANCE COMPANY By Michael . Langan , ey-in-Fact 4110 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint Michael R.Langan of Pasadena,CA and each is a true and lawful Attomey(s)-in--fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States,or,if the following line be filled in,only within the area therein designated any and all bonds,recognizances, undertakings,contracts of indemnity or other writings obligatory in the nature thereof,as follows: Any such obligations in the United States,not to exceed Ten Million and No/100($10,000,000)in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorneys)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: `RESOLVED,That the President or any Vice President,in conjunction with any Vice President,be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company,in its name and as its acts,to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances, contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seed of the Company.Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons?(Adopted October 7,1981 -The Hanover Insurance Company;Adopted April 14,1982- Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America) IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents, this 23rd day of January 2013. THE HANOVER INSURANCE COMPANY MOM MASSACHUSETTS BAY INSURANCE COMPANY •,yaylCITIZENS SURANCE OMPANY OF AMERICA BEAL. :i - 1�4 l�;- - t 9T1 f.f Robert Thomas,Vice President THE COMMONWEALTH OF MASSACHUSETTS ) Joerenstrom, ice President COUNTY OF WORCESTER )ss. On this 23rd day of January 2013 before me came the above named Vice Presidents of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively,and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. 0 44, BARBARA A.GARLICK Notary Public Commonwealth of MksA I f + '' 1�►Cocnowssw Weis Sept.21.201e Barbara A.Garlick,Notary Public My Commission Expires September 21,2018 I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. 'RESOLVED,That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or any Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent as if all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile.' (Adopted October 7,1981-The Hanover Insurance Company;Adopted April 14,1982-Massachusetts Bay Insurance Company;Adored September 7,2001-Citroens Insurance Company of America) GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 11th day of December) 2013. THE HANOVER INSURANCE COMPANY BAY - E COMPANY CIT 1 • - . • ' ="�'�'' of AMERICA 00/ J. 1 e,Vice - 7nt 11111 ' ALLMERICA FINA AL CITIZENS INSURANCE HANOVER INSURANCE' The Hanover insurance Company Citizens Insurance Company Massachusetts Bay Insurance Company of America 440 Lincoln Street 645 West Grand River Worcester, MA 01653 Howell, MI 48843 MAINTENANCE BOND Bond No. 1973793 KNOW ALL MEN BY THESE PRESENTS: That we SANCON ENGINEERING. INC. as Principal, and HANOVER INSURANCE COMPANY , as Surety,a corporation organized under the laws of the State of New Hampshire and duly authorized to do business in the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF RANCHO PALOS VERDES. CA as Obligee, in the penal sum of EIGHT HUNDRED NINETY-THREE THOUSAND, THREE HUNDRED FORTY-SEVEN DOLLARS ($893,347.00 ), to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the OBLIGEE dated ON OR ABOUT APRIL 17, 2012.__._for 2012 STORM DRAIN REHABILITATION AND LINING PROJECT . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work will be free of any defective materials or workmanship which became apparent during the period of One year following completion of the Contract then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. SIGNED and sealed this 12TH day of DECEMBER,2013. SANCON ENGINEERING,INC. By ‘44;00 (Seal) Principal HANOVER INSURAN E COMPANY By Michae . Langan , y-in-Fact c III III THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint Michael R.Langan of Pasadena,CA and each is a true and lawful Attomey(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States,or,if the following line be filled in,only within the area therein designated any and all bonds,recognizances, undertakings,contracts of indemnity or other writings obligatory in the nature thereof,as follows: Any such obligations in the United States,not to exceed Ten Million and No/100($10,000,000)in any single instance and said companies hereby ratify and confirm all and whatsoever said Attomey(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED,That the President or any Vice President,in conjunction with any Vice President,be and they are hereby authorized and empowered to appoint Attomeys-in-fact of the Company,in its name and as its acts,to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances, contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons.'(Adopted October 7,1981-The Hanover Insurance Company;Adopted April 14,1982- Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents, this 23rd day of January 2013. THE HANOVER INSURANCE COMPANY obs..' • 4i= ocaisi„....10\.. MASSACHUSETTS BAY INSURANCE COMPANY _ „Is s- A i,�. ---...,<,k, ,,P. CITIZENS URANCE OMPANY OF AMERICA I0/2 ,.,--_61%11.17 ,tterAL ) 1 r,r' 974 '' - Robert Thomas,Vice President r, 1 THE COMMONWEALTH OF MASSACHUSETTS ) ). - COUNTY OF WORCESTER )ss. Joerenstrorn, lee President On this 23rd day of January 2013 before me came the above named Vice Presidents of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,respectively,and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. o'c`14 BARBARA A.GARLICK ,ill \` Notary PubSC - V, - Cornnonwe of Massachusetts A _ _'_ Of ,0 1 �. ; s�uy Corr+rtwss+oa ExPli Sept.21,2018 Barbara A.Garlick,Notary Public My Commission Expires September 21,2018 I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. 'RESOLVED,That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or any Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent as if all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile.' (Adopted October 7,1981-The Hanover Insurance Company;Adopted April 14,1982-Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 11th day of December! 2013. THE HANOVER INSURANCE COMPANY BAY .-11,„;.., E COMPANY CIT r•A I - • 1 • ', yOFAMER!9A / / "10/ wor J. ,A. -, e,Vice - =nt