August 18, 2026, Item #7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
August 18, 2026
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Servicesq
Douglas Nguyen, Associate Engineer
(858) 668-4605 or [email protected]
CITY COUNCIL
Award of Contract to Vortex Services, LLC dba Sancon Technologies, for the Annual Sewer Manhole Rehabilitation Project, Bid No. 27-001 and Determination the Project is Categorically Exempt from the California Environmental Quality Act This action will award a construction contract for the Annual Sewer Manhole Rehabilitation project to Vortex Services, LLC dba Sancon Technologies, the lowest responsive and responsible bidder. This project consists of the rehabilitation of 37 sewer manholes to extend the service life of the City's wastewater infrastructure.
Recommended Action:
It is recommended the City Council:
1) Award the contract for the Annual Sewer Manhole Rehabilitation project to Vortex Services, LLC dba Sancon Technologies, in the amount of $591,064 for the base bid, and $24,036 for the additive alternate bid, for a total amount of $615,100 and authorize the City Manager to execute the contract; and
2) Make a determination the project is Categorically Exempt from the California Environmental Quality Act (CEQA).
Discussion:
The project consists of the rehabilitation of 37 existing sewer manholes throughout the City using polyurethane and an epoxy primer lining system. The project also includes the construction of one concrete weir. Construction activities will require temporary sewer bypass operations and traffic control while maintaining continuous sewer service throughout the duration of the work. The project will improve system performance, reduce maintenance demands and extend the service life of the City's wastewater collection system. Bids were opened on July 9, 2026. One bid was received, as summarized below:
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August 18, 2026, Item #7
Company Base Bid Additive Total Bid
Alternate Bid Amount
Vortex Services, LLC dba $591,064 $24,036 $615,100 Sancon Technologies The total bid of $615,100 submitted by Vortex Sevices, LLC dba Sancon Technologies is an acceptable bid that is responsive to, and meets the requirements of, the bid specifications. The contract time for this project is 80 working days.
Environmental Review:
The proposed action is the award of a construction contract to implement the Annual Sewer Manhole Rehabilitation Project. The underlying project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Class 1 -Existing Facilities), in that it involves the rehabilitation of existing sewer manholes and construction of a concrete weir to extend the service life of existing public infrastructure, involving negligible or no expansion of existing use.
Fiscal Impact:
Funds totaling $2,095,224.09 are available in the Annual Sewer Manhole Rehabilitation (SW002) project funded by the Sewer Enterprise Fund (5200) for the award of this contract. The City proactively planned for this project as part of the development process for the Fiscal Year 2026-27 budget.
Public Notification:
Prior to construction, staff will notify the residents near the project locations about the upcoming construction work.
Attachments:
A. Construction Contract
;
'roved By:
T
Assistant City Manager
2 of 13
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
August 18, 2026, Item #7
SECTION 8
CONSTRUCTION CONTRACT
CITY OF POWAY
ANNUAL SEWER MANHOLE REHABILITATION PROJECT
(City of Poway)
This Contract made and entered into this 18th day of August , 2026, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Vortex Services, LLC dba Sancen Technologies, hereinafter referred to as "Contractor."
The City and the Contractor, for the consideration hereinafter named, mutually agree as follows:
1. The complete Contract includes all of the Contract Documents, which are incorporated herein by this reference, and include:
a. This Contract
b. Contract Addenda
c. Contract Change Orders
d. Instructions to Bidders, Proposal Requirements and Conditions e. Contract Specifications
f. Contract Plans
g. General Condition
h. Special Conditions
i. Standard Specification for Public Works, most current edition
2. The Contract Documents are complementary, and that which is required by one shall be as binding as if required by all.
3. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: Rehabilitate (37) existing manholes using Raven 405 epoxy coating or an approved equivalent. Construct a concrete weir in M4-001- SM. Fourteen (14) manholes are located in City right-of-way, and 13 manholes are located on private property within easements. Refer to Appendix A -Manhole Access Table, Appendix B -Manhole Location Exhibit, Table 1 and Table 2. 3 of 13 ATTACHMENT A
August 18, 2026, Item #7
Table
1 -
Summary
of
Manholes
MHID
Location
MH MH
Joint
Bench
Structural
Diameter
Depth
Repair
Restoration
Repair
(ft) (ft)
Type***
E7-008-SM
14195
Biscayne
5 8.9
Chemical
No
1,2,4
Place
(Residential)
Grout Injection
(CGI)
E7-010-SM
14105
Biscayne
2.5 7.5
CGI
No
2,4
Place
(Residential)
F5-017
-SM
13367
Mira
Loma
4 5
CGI
Yes
1 Ct
"Easement-
West
Ridge
Tri"
(Residential)
F6-008-SM
18007
Del
Paso
Dr
5 11
.7
No
No
2 (Residential)
F7-012-SM
Old
Coach
Trail
5 8.4
CGI
No
1 (Residential)
F7-014
-SM
Old
Coach
Trail
UNK*
7.1 No
No
1,2
(Residential)
F7-023-SM
Old
Coach
Trail
UNK*
6.4 No
No
1,2
(Residential)
G7-004-SM
Old
Coach
Trail
5 6.5
No
No
1,2
(Residential)
G7-012
-SM
Old
Coach
Trail
5 6.5
CGI
No
1,2
(Residential)
H4-004-SM
13010
Edina
Way
5 3.7
No
Yes
2 (Residential)
J5-062-SM
13077
Camino
Del
4 9.7
CGI
Yes
1,2
Valle
Easement
(Residential)
K6-004-SM
16366
Woodson
3.5 8
CGI
Yes
1,2
View
Rd
(Residential)
K6-005-SM
16358
Woodson
4 9.1
CGI
Yes
1,2,4
View
Rd
(Residential)
M4-001-
15706
Pomerado
5 8
CGI
Yes
1,2,4
SM
Road
Construct
Weir
N3
-002-SM
Casa
Avenida
5 6.5
No
No
1,2
N4-012-SM
Pomerado
Rd
4 12
.6
CGI
Yes
1,2
(Residential)
N6-012-SM
15350
Poway
4 10.5
No
Yes
1,2
Springs
Ct
(Residential)
N6-019-SM
15323
Poway
4 11
.8
No
No
1,2
Springs
Ct
(Residential)
N6
-040
-SM
Saddlebrook
Ln
5 7.8
No
Yes
2 "Easement" (Residential)
4 of
13 August 18, 2026, Item #7
N6-044-SM Saddlebrook Ln 5 9.8 CGI Yes 1,2
"Easement"
(Residential)
N6-045-SM 13757 Del Poniente 4 7.6 No Yes 1,2
Rd
(Residential)
N6-046-SM 13757 Del Poniente 4 14.2 CGlorlJS Yes 1,2
Rd
(Residential)
N7-028-SM Espola Rd 4 18 No Yes 1,2
(Residential)
O6-009-SM Saddlebrook Ln 5 7.6 CGlorlJS Yes 1,2
"Easement"
(Residential)
O6-036-SM Saddlebrook Ct 3 7.5 CGlorlJS Yes 1,2
"Easement"
(Residential)
O7-009-SM Espola Rd 4 6.1 No Yes 1,2
(Residential)
R6-023-SM 14155 Midland Rd 4 7.1 No No 1,2
(Residential)
R6-024-SM 14150 Midland Rd 4 8.2 CGI or IJS No 2
"Train Barn"
(Residential)
R7-003-SM 14486 Southern 5 14.5 CGI No 1,2
Hills Ln
(Residential)
R8-001-SM 14481 Southern 5 6.3 No No 1,2
Hills Ln
(Residential)
R8-004-SM 14478 Southern 5 7.5 No No 2
Hills Ln
(Residential)
S3-003-SM 13844 Pomerado 4 6.4 No No 2
Rd
(Residential)
S3-012-SM Pomerado Rd 4 6.1 No Yes 1,2
(Residential)
T5-055-SM 13301 Poway Rd 4 13.9 No Yes 1,2,4
U5-015-SM Community Rd 4 8.3 No Yes 1,2
(Residential)
U5-042-SM Community Rd 4 6.8 No Yes 1,2
(Residential)
U5-068-SM 13032 Dana Vista 4 9.5 CGI Yes 1,2
(Residential)
*Contractor responsible for field verifying manhole diameter prior to bid. **Those located in residential areas shall have alternative working hours see Section 4-4 for more detail. ***Structural Repair types are preliminary recommendations based on March 2025 condition assessment (Apprendix E). Contrator shall determine appropriate level of repair based on observed concrete conditions at the time of rehabilitation
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August 18, 2026, Item #7
Type Definition
(Sikatop 122+ or 123+ approved equal) or repair mortar (Sikadur 31 Hi-Mod Gel or approved equal). Repairs of this type are assumed to have lengths less than or equal to 6" and generally no structural reinforcement exposed. Many of these repairs are likely to occur where previous patched have been made over the reinforcement chair supports or locations where the legs of the chairs are exposed.
Type 2 Concrete repair of larger spalls or defects (greater than 1" deep) that have exposed reinforcement. These repairs will require removal of unsound concrete to competent material, and cleaning of the exposed reinforcement.
Up to 1-lnch of space shall be cleared behind the reinforcement, if exposed.
Area will be coated with a corrosion inhibitor/bonding agent (Sika Arametec 110 Epocem or approved equal) and then repaired with a cementitious mortar (Sikatop 123+, Sikatop 122+, or approved equal)
Type 3 Concrete crack repair using pressure injection is necessary in locations that have active leaking. Alternatively, there are some locations where the contractor may determine that injection is a feasible option to fill a crack and bond two pieces of sound concrete.
Type 4 Concrete crack repair by epoxy mortar (Sikadur 31 Hi-Mod Gel or approved equal) by cementitious repair mortar with crystalline admixture (Xypex Megamix I or approved equal)
Type 5 Concrete Crack Repair requiring installation of additional conventional steel reinforcement. In locations where greater than 50% of the reinforcement has been compromised, replacement with new reinforcement will be required.
Concrete repair due to surface erosion. In areas where erosion has caused a Type 6 gap greater than 1 /8" deep, the surface will require a repair mortar (Sikatop 122+, Sikatop 123+, or approved equal) prior to coating with a protective slurry mortar (Sikatop Seal 107 or approved equal). Where gap is 1/8" or less, apply protective slurrv mortar directly.
*For more details, refer to Appendix C
4. Contractor agrees to perform all the said work and furnish all the said materials at their own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council.
5. City agrees to pay and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of $615,100 the "Contract Price."
City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions.
6. Contractor agrees to commence construction of the work provided for herein within 5 (five) Calendar Days after the date specified in the Notice to Proceed, and to 6 of 13
August 18, 2026, Item #7
continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within 80 Working Days after the date specified in the Notice to Proceed.
7. Time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum of $500 per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City.
By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty.
8. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed.
9. Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects.
Travel and subsistence pay shall be paid in accordance with Labor Code§ 1773.1.
10. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by Contractor or by any subcontractors under Contractor) less than the prevailing rate described above on the work provided for in this Contract.
11. Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811 which stipulates that eight hours labor constitutes a legal day's work, and § 1812 which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by them in connection with the work performed under the terms of the Contract. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code§ 1813.
12. Contractor will comply with the provisions of Labor Code§ 1777 .5 pertaining to the employment of apprentices to the extent applicable to this Contract.
13. Contractor, by executing this Contract, hereby certifies:
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August 18, 2026, Item #7
"I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph."
Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California.
14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"}, and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City.
15. a. Contractor shall procure and maintain at its own expense, until completion of 8 of13
performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors.
Contractor shall provide insurance on an occurrence, not claims-made basis.
Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period.
b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement.
c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this August 18, 2026, Item #7
Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same.
Worker's Compensation Insurance:
o Contractor has no employees and is exempt from workers' compensation requirements.
o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings.
e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated.
g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, volunteers, agents and independent contractors, that result from such failure by Contractor.
16. a. Contractor shall provide certificates of insurance with original endorsements 9 of13
to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance by the City.
b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability August 18, 2026, Item #7
and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors.
d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits.
e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors.
17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers. b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein.
18. Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under the Contract Documents, such approval, extension, or consent must be in writing in order to be effective.
19. The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract.
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August 18, 2026, Item #7
20. In
the
event
that any
one
or
more
of
the
phrases,
sentences,
clauses,
paragraphs,
or
sections
contained
in
this Contract
shall
be
declared
invalid
or
unenforceable
by
a
valid
judgment
or
decree
of
a
court
of
competent
jurisdiction,
such
invalidity
or
unenforceability
shall
not
affect
any
of
the
remaining
phrases,
sentences,
clauses,
paragraphs,
or
sections
of
this
Contract
which
are
hereby
declared
as
severable and
shall
be
interpreted
to
carry
out
the
intent
of
the
parties
hereunder.
21. The
persons
executing
this
Contract
on
behalf
of
the
parties
hereto
warrant
that
they
are
duly
authorized
to
execute
this Contract
on
behalf
of
said
parties
and
that,
by
so
executing
this
Contract,
the
parties
hereto
are
formally
bound
to
the
provisions
of
this
Contract.
22. This
Contract
shall
be
binding
upon
and
shall
inure
to
the
benefit
of
the
parties
hereto
and
their
respective
heirs,
personal
representatives,
successors,
and
assigns.
23. In
performing
its
obligations
and
duties
under
this
Contract,
each
party
shall
comply
with
all
applicc;tble
local,
state,
and
federal
laws,
regulations,
rules,
standards
.and
ordinances.
24. This
Contract
may
be
executed
by
the
parties
in
counterparts,
which
counterparts
shall
be
construed
together
and
have
the
same
effect
as
if
all
of
the
parties
had
executed
the
same
instrument.
25. After
completion
of
the
work
contemplated
by
this
Contract,
Contractor
shall
file
with
the
City
Manager
an
affidavit
stating
that
all
workers
and
persons
employed,
all
firms
supplying
materials,
and
all
subcontractors
upon
the
project
have been
paid
in
full,
and
that
there
are
no
claims
outstanding
against
the
project
for
either
labor
or
materials,
except
certain
items,
if
any,
to
be
set
forth
in
an
affidavit
covering
disputed
claims
or items
in
connection
with
a
Stop
Notice
that
has
been
filed
under
the
provision
of
the
laws
of
the
State
of
California.
26. All
work
shall
be
subject
to
inspection
and
testing
by
City
and
its
authorized
representatives
during
manufacture
and
construction
and
all
other
times and
places,
including,
without
limitation,
the
plans
of
Contractor
and
any
of
its
suppliers.
Contractor
shall
provide
all
reasonable
facilities
and
assistance
for
the
safety
and
convenience
of
inspectors.
All
inspections
and
tests
shall
be
performed
in
such
manner
as
to
not
unduly
delay
the
work
. The
Work
shall
be
subject
to
final
inspection
and
acceptance
notwithstanding
any
payments
or
other
prior
inspections.
Such
final
inspection
shall
be
made
within
a
reasonable
time
after
completion
of
the
work.
27. Whenever
Contractor
has
knowledge
that
any
actual
or
potential
labor
dispute
is
delaying
or
threatens
to
delay
the
timely
performance
of
the
Contract,
Contractor
shall
immediately
give
notice
thereof,
including
all
relevant
information
with
respect
thereto,
to
City
.
28. Contractor
agrees
to
contact
the
appropriate
regional
notification
center
in
accordance
with
Government
Code
Section
4216.2.
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13 August 18, 2026, Item #7
29. Contractor shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705.
30. a. Contractor shall, without disturbing the condition, notify City, in writing, as soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;
ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or
iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
b. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order.
d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or 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, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties.
31. This Contract is to be governed by the laws of the State of California.
32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment.
City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof.
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August 18, 2026, Item #7
IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written.
Contractor's Name:
Vortex Services, LLC dba Sancon Technologies
Print Name of Construction Company
By: -------------
Signature
Ryan Helmuth
Print Name
Contractor information:
Address for Notices and Payments
5841 Engineer Drive,
Huntington Beach, CA 92649
Telephone Number: 714-891-2323
Email: [email protected]
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
Alan Fenstermacher, City Attorney
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CITY OF POWAY
a Municipal Corporation
Chris Hazeltine, City Manager