SAN2449.SR.MG
CITY OF SIMI VALLEY
MEMORANDUM
December 2, 2024
T
O: City Council
F
ROM: Department of Public Works
S
UBJECT: AWARD CONTRACT WITH SANCON TECHNOLOGIES, INC. FOR SEWER MANHOLE REHABILITATION PROJECT , CP70200044, SPECIFICATION NO. SV 24-33
STAFF RECOMMENDATION
It i
s recommended that the City Council:
1. A
ward contract with Sancon Technologies, Inc. (Sancon), page 4, in the amount of $234,135, to construct the Sewer Manhole Rehabilitation Project, Specification No. SV 24-33; and,
2. A
uthorize the Mayor, or his designee, to execute the agreement and all related documents.
BACKGROUND AND OVERVIEW
The
Sewer Manhole Rehabilitation Project (see Location Map, Attachment A, page 9) is necessary due to the poor condition of 13 manholes. These manholes are over 50 years old, and an inspection revealed that the se manholes are deteriorating and in need of rehabilitation. Rehabilitation work will include pressure grouting of the manhole wall cracks to prevent water inflow and infiltration, concrete repair, and application of polymer coatings to the entire manhole inner wall areas. The rehabilitation work will protect the manholes from further damage from groundwater and sewer gases. The project is located in the western part of the city between Madera Road and the Water Quality Control Plant and on First Street at the intersection of Arcane Street.
FINDINGS AND ALTERNATIVES
On
September 11, 2024, the City solicit ed bids for the Sewer Manhole Rehabilitation Project in accordance to Simi Valley Municipal Code Sec. 2- 9.206 with an Engineer’s Estimate of $151,000. A Notice Inviting Bids was published in the Ventura County Star and posted on the City’s website. P lans and specifications were made available at the Public Works counter and sent to plan rooms and contractors. One firm requested to be placed on the bidders list. On October 8, 2024, one bid was received, with the following results:
AGENDA ITEM NO.
Consent (7)
SAN2449.SR.MG
CONTRACTOR BID
Sancon Technologies, Inc., Huntington Beach, CA $234,135 Engineer’s Estimate $151,000
The bid submitted by Sancon was reviewed by staff and deemed responsive. Sancon has a valid California contractor’s license and a history of successfully completing similar projects for the City.
The project has a 45 working-day schedule, with work expected to take place from January 2025 to March 2025. The authorized project budget for construction is $250,000 (CP70200044). The signature portion of the City’s standard public works agreement is included for reference (it does not include the standard specifications, technical specifications, or other forms).
The following alternatives are available to the City Council:
1. A ward contract with Sancon in the amount of $234,135 to construct the Sewer Manhole Rehabilitation Project, CP70200044, Specification No. SV 24-33;
2. Authorize the Mayor, or his designee, to execute the agreement and all related documents;
3. Directly negotiate with Sancon for an alternative price;
4. Reject all bids and provide additional direction.
Staff recommends Alternative Nos. 1 and 2.
SUGGESTED CITY COUNCIL MOTION
I move to award a contract to Sancon Technologies, Inc. in the amount of $ 234,135 to construct the Manhole Rehabilitation Project , CP70200044, Specification No. SV 24 -33 and authorize the Mayor to execute an agreement, in a form approved by the City Attorney, with Sancon
SUMMARY
On October 8, 2024, staff received one bid for the Sewer Manhole Rehabilitation Project.
Sancon submitted a responsive bid in the amount of $234,135. Staff recommends that the City Council authorize the Mayor, or his designee, to execute the contract and all related documents.
____________________________________
Ronald K. Fuchiwaki
Public Works Director
2 SAN2449.SR.MG
Prepared by: Annie Ha, Associate Engineer
INDEX Page
Signature portion of Public Works Contract ...................................... 4 Attachment A - Location Map ........................................................... 9
3 Contract No. 3250045
1 PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF SIMI VALLEY AND
SANCON TECHNOLOGIES, INC.
This CONTRACT is entered into this 2nd day of December, 2024, by and between the CITY OF SIMI VALLEY, a general law city and municipal corporation (“the City”) and SANCON TECHNOLOGIES, INC., a California Corporation (“the Contractor”).
1. WORK.
A. The Contractor will provide all work required by the Contract Documents (the “Work”). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents.
D. “Contract Documents” means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed two hundred thirty-four thousand one hundred thirty-five dollars ($234,135) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents.
3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within 45 working days (the “Contract Time.”)
4 City of Simi Valley
Contract No. 3250045
Sancon Technologies, Inc.
SAN2449.CON.MG SPECIFICATION NO. SV 24-33
B. The Contract Time will commence when the City issues a notice to proceed.
The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract.
C. The Contractor may not perform any Work until:
i. The Contractor furnishes proof of insurance as required by the Contract Documents; and
ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed.
D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor’s own cost and risk.
4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13.
5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third- party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third-party claim.
6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number.
7. PERMITS AND LICENSES . Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work.
8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City’s property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City’s written notice.
5 City of Simi Valley
Contract No. 3250045
Sancon Technologies, Inc.
SAN2449.CON.MG SPECIFICATION NO. SV 24-33
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification.
10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only.
11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
The City The Contractor
Attention: Jamshed Yazdani Attention: Ryan Helmuth
City of Simi Valley Sancon Technologies, Inc.
2929 Tapo Canyon Road 5841 Engineer Drive
Simi Valley, CA 93065 Huntington Beach, CA 92649
(805) 583-6833 (714) 412-3448
[email protected] [email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notic es will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
6 City of Simi Valley
Contract No. 3250045
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SAN2449.CON.MG SPECIFICATION NO. SV 24-33
13. NO THIRD PARTY BENEFICIARY . This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.
14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Ventura County.
15. EFFECT OF CONFLICT. In the event of any conflict , inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable an d, as so modified, such portion and the balance of this Contract will continue in full force and effect.
17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City’s City Manager, or designee, may execute any such amendment on the City’s behalf.
18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such f acsimile signature will be treated in all respects as having the same effect as an original signature.
19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.
20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract.
7 City of Simi Valley
Contract No. 3250045
Sancon Technologies, Inc.
SAN2449.CON.MG SPECIFICATION NO. SV 24-33
21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California
Approved as to Form: Sancon Technologies, Inc.
By:
Algeria R. Ford, City Attorney
Print Name: Chuck Parsons
Approved as to Content: Title: President
By:
Samantha C. Argabrite, City Manager
Print Name: Ryan Helmuth
Title: Vice President
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
Ronald K. Fuchiwaki,
Public Works Director
8 PROJECT SITE
ATTACHMENT A
9