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Bid Proposal - Xylem, Inc. - 2013-10-30Attachment LIFT STATION MAINTENANCE "BEST" VALUE EVALUATION FORM Choose weights within listed ranges. Recommend that sum of weights equal 100 %. For scoring, enter numbers from 1 through 5, 5 being the best. Totals on each line equals score times weight. MINMUM CRITERIA WEIGHT Xylem, Inc. JIMNI Systems Score Total Score Total Score Total Cost 50% 5 250 1 50 Responsiveness to Specifications 10% 5 50 4.5 45 Ability to Provide Service 30% 4 120 3.5 105 References /Previous Performance 10% 3 30 5 50 TOTALSCORES 1 450 250 Approved: Cost: Xylem is low bid and therefore received 5 points. JIMNI bid was higher than Xylem's bid by 46.65% and therefore received 1 point. Responsiveness to Specifications: Xylem demonstrated good responsiveness to complying with specifications. Xylem provided a list of references, organizational chart, and a breif statement of its ability to provide services. The cover sheet and bid form was completed and signed.and the Contractor's acknowledgement form was signed by Xylem. Xylem received 5 points. JIMNI completed and signed the bid cover sheet and bid form and they provided four references. In addition, JIMNI described the organization and the the Contractor's acknowledgement form was signed by JIMNI; however, JIMNI did not complete the statement of ability to provide services, so JIMNI received a score of 4.5. Ability to Provide Service: Xylem is an industry leader in providing sewer maintenance services. Even though the District has past working experience with - Xylem and District staff is aware of their expertise and knowledge in the sewer industry, information about their ability to provide the service was lacking in their bid. Recently, Xylem has been unresponsive to returning emails and phone calls in a timely manner. Xylem received 4 points. JIMNI is also an experience contractor in the sewer industry. The District has used JIMNI for their service on lift stations for many years, so staff is well aware of their expertise and knowledge of lift stations; however, JIMNI did not provide any information regarding their ability to provide said service. JIMNI received 3.5 points. References /Previous Performance: Xylem's previous performance with the District is good, but their responsiveness to staff's request is slow and their communications is poor. Xylem received 3 points. JIMNI's previous performace with the District is excellent. They are very dependable and their supervisor is very knowledgable and experience peforming lift station maintenance. JIMNI received 5 points. LIFT STATION MAINTENANCE BEST VALUE EVALUATION CRITERIA The following is the weighted scale criteria for evaluating RFPs for the Lift Station Maintenance Project. Cost: Cost will be scored on a scale of 1 to 5, with the high score being a 5. The bidder that has the lowest total cost, as indicated on the Bid Form, will be awarded 5 points as will any other bidder within 15% of the total cost. Bidders not within this range will be scored as follows: 1. 15.1% to 25% above the lowest total cost bidder will receive 4 points. 2. 25.1 % to 35% above the lowest total cost bidder will receive 3 points. 3. 35.1 % to 45% above the lowest total cost bidder will receive 2 points. 4. 45.1 % to 55% above the lowest total cost bidder will receive 1 point. 5. Bidders in excess of 55% above the lowest total cost bidder will receive 0 points. Responsiveness to Specifications: This rating will be determined by an evaluation of the contractor's ability to comply with all the requirements stipulated in the RFP. For instance, does the contractor agrees to meet District requirements and agrees to provide the services outlined in the RFP? Did contractor provide a description of the company? Did the consultant provide the names of the professional responsible for the project? Ability to Provide Service: Does the contractor demonstrate his ability to provide the service? Is he an expert in the sewer industry and does he demonstrate his experience and knowledge about sewer lift stations? References /Previous Performance: This rating will be based on staff's analysis of contractor's past performance and type of work performed with the District. 1 Attachment B -" PRICING QUOTE Use for Purchases > $5,000 #1 #2 Company Name: Xylem, Inc. Jimni Systems, Inc. Location: 11161 Harrel St 11161 Jeffrey Rd Mira Loma, CA Irvine, CA Phone: 951 -332 -3670 949- 770 -7654 Contact: Darren McMillan Jim Pleasants Date Contacted: Qty Product /Service Price 1 Lift station maintenance to 11 lift stations. $169,182.82 5248.108.70 VENDOR /CONTRACTOR RECOMMENDED: Xylem, Inc. Supplies /Equipment — If the low bidder is not recommended, give reason(s) below: Services — Attach a summary of qualifications of person /company selected. Authorized Signature Date ® General Manager Signature Date #3 NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN THAT THE COSTA MESA SANITARY DISTRICT, COSTA MESA, CALIFORNIA, WILL RECEIVE UP TO BUT NOT LATER THAN 2:00 PM ON OCTOBER 30, 2013 AT THE CLERK OF THE BOARD OF THE COSTA MESA SANITARY DISTRICT, 628 W. 19TH STREET, COSTA MESA, CA 92627, SEALED BIDS FOR THE FOLLOWING: LIFT STATION MAINTENANCE BASIS OF AWARD WILL BE THE BEST VALUE (NOT NECESSARY LOWEST COST). SPECIFICATIONS FOR THIS BID ARE AVAILABLE TO DOWNLOAD ON CMSD'S WEBSITE AT WWW.CMSDCA.GOV. BIDS MUST ARRIVE IN THE MAILROOM OR DELIVERED TO THE CLERK OF THE BOARD AT THE ABOVE ADDRESS BEFORE THE ABOVE DATE AND TIME. GENERAL MANAGER 10/16/2013 REQUEST FOR BID FOR BID NO. CMSD- 2013 -194 LIFT STATION MAINTENANCE October 7, 2013 COSTA MESA SANITARY DISTRICT 628 W. 19th Street COSTA MESA, CA 92627 Any questions relative to this bid should be directed to: Scott Carroll at scarroll(i crosdca.zov Any questions regarding the scope of work should be directed to: Steve Cano at scanonu,crosdca.eov 10/16/2013 TABLE OF CONTENTS REQUEST FOR BID TO PROVIDE SERVICES 1.00 CONTRACT ADMINISTRATOR 2.00 BID ADMINISTRATOR 3.00 BID DOCUMENTS 4.00 BID PERIOD 5.00 INTERPRETATION OR CORRECTION DURING THE BID PERIOD 6.00 EVALUATION AND SELECTION OF BIDS 7.00 PAYMENT BOND 8.00 REJECTION OF BIDS 9.00 DETERMINING "RESPONSIBILITY" OF CONTRACTOR 10.00 ERROR IN BID 11.00 AWARD OF CONTRACT 12.00 CONTRACTOR'S DUTY TO OBTAIN INFORMATION 13.00 CHANGES IN PROPOSED CONTRACT 14.00 MANNER OF PERFORMING SERVICES (EXHIBIT A) 15.00 CONTRACTOR QUALIFICATIONS 16.00 SEALED BID ENVELOPE BID COVER SHEET BID FORM SCOPE OF WORK CONTRACTOR'S STATEMENT OF EXPERIENCE CONTRACTOR'S ORGANIZATION CONTRACTOR'S STATEMENT OF ABILITY TO PROVIDE SERVICE CONTRACTOR'S STATEMENT OF COMPLIANCE WITH INSURANCE REQUIREMENTS CONTRACTOR'S ACKNOWLEDGEMENT AGREEMENT FOR LIFT STATION MAINTENANCE SERVICES 10/16/2013 8 9 11 13 15 16 17 18 Bid No. CMSD- 2013 -194 REQUEST FOR BID TO PROVIDE SERVICES The Costa Mesa Sanitary DISTRICT, California, is requesting sealed bids for the following Project: LIFT STATION MAINTENANCE To be considered for selection, a bid must be submitted to the Clerk of the Board, of the Costa Mesa Sanitary District, 628 W. 19`" Street, Costa Mesa, CA 92627, at or before 2:00 P.m., October 30, 2013. No bid will be received unless it is made on the bid forms furnished by the DISTRICT for this project. Additional documentation may be added if desired. Please review the entire bid package before submitting your bid. Incomplete submissions may be rejected as non- responsive. Award shall be based on a best value evaluation. Criteria used for the evaluation will include: cost, responsiveness to specifications, delivery time, warranty, and references. Bids based on low bid alone will not receive the award. The successful bidder will be expected to sign a contract. A sample contract is attached. The final contract will include this request for bid and the successful bidder's response. Please do not execute the contract at this time. The Costa Mesa Sanitary District reserves the right to reject any or all bids or any part of the bid, to waive minor defects or technicalities, or to solicit new bids on the same project or a modified project. Please read the insurance requirements and general provisions carefully, they are part of your bid and you must show proof of insurance and licensing to be considered a successful bidder. Pursuant to the Labor Code of the State of California, it will be required that not less than the locally prevailing wage rates, as specified by the Director of Industrial Relations of the State of California, be paid to all workman employed or engaged in the performance of this project. A payment bond equal to the amount of said bid will be required. For information regarding the contract or bid specifications, contact Scott Carroll at sea rrol Ir cm sdca.gov. THE COSTA MESA SANITARY DISTRICT ENCOURAGES THE PARTICIPATION OF MINORITY AND WOMEN OWNED BUSINESSES 10/16/2013 Pagel of 31 Bid No. CMSD 2013 -194 REQUEST FOR BID TO PROVIDE FOR: LIFT STATION MAINTENANCE The Costa Mesa Sanitary District, ( "DISTRICT" hereinafter) seeks to acquire the services described herein. Bids to provide the described services are solicited, subject to the following: 1.00 CONTRACT ADMINISTRATOR The CONTRACT ADMINISTRATOR is the DISTRICT'S General Manager or his/her designated representative. 2.00 BID ADMNISTRATOR The BID ADMINISTRATOR for this bid process is GENERAL MANAGER, Scott Carroll. 3.00 BID DOCUMENTS To be considered complete, a BID shall be made up of the following documents: A. A BID COVER SHEET prepared on the DISTRICT's form that is signed and dated by an individual clearly authorized to bind the CONTRACTOR. B. A BID FORM that includes the compensation to perform said services. C. STATEMENT OF EXPERIENCE and CONTRACTOR'S ORGANIZATION on DISTRICT forms, with supporting documents. D. STATEMENT OF ABILITY TO PROVIDE QUOTED GOODS /SERVICES/EQUIPMENT on DISTRICT forms, with supporting documents. E. STATEMENT OF COMPLIANCE WITH INSURANCE REQUIREMENTS on DISTRICT FORMS, with supporting documents. F. BIDDERS ACKNOWLEDGEMENT 10/16/2013 Page 2 of 31 4.00 BID PERIOD A. To be considered, a BID must be received at the DISTRICT Clerk of the Board prior to the hour of 2:00 p.m. on October 30, 2013. B. Any BID received by the DISTRICT Clerk of the Board after the time specified herein shall not be evaluated. C. The CONTRACTOR shall be bound to the terms of the BID for a period of ninety (90) calendar days following the opening of the BID. D. The CONTRACTOR may withdraw the BID at any time prior to the close of the BID PERIOD, upon presentation of a written request to the DISTRICT Clerk. 5.00 INTERPRETATION OR CORRECTION DURING THE BID PERIOD A. Prior to the close of the BID PERIOD, a person may submit, in writing, to the BID ADMINISTRATOR, a request for interpretation or correction of the REQUEST FOR BID documents. All requests must be made in writing and received by the BID ADMINISTRATOR no later than 5:00 p.m. on October 30, 2013. Request for interpretation or correction can be sent to scaaollncrosdca.eov. B. Any interpretation or correction of the REQUEST FOR BID documents rendered by the BID ADMINISTRATOR shall be made immediately available to all other persons who obtained REQUEST FOR BIDS documents from the DISTRICT. C. All addenda issued during the bid period or forming a part of the documents issued for bid shall be listed in the contract and shall be made a part of the CONTRACT. 6.00 EVALUATION AND SELECTION OF BIDS A. Each CONTRACTOR, by the submission of a bid, assents to each and every term and condition set forth within this specification and agrees to be bound thereby. B. Any bid which is incomplete, conditional or obscure, or which contains irregularities of any kind, may be cause for rejection. C. The right is reserved to consider the competency and responsibility of all CONTRACTORS, and to use any information deemed necessary to establish the ability of any service company to perform all conditions of the contract in order to 10/1612013 Page 3 of 31 avoid awarding a contract to a company unable to produce the quality of service required and intended by this specification. D. The recommended bid will be determined on a "Best Value" evaluation method for goods, services and equipment. The following evaluation criteria will be used to select a service company for this contract 1. Cost 2. Responsiveness to Specifications 3. Ability to Provide Service 4. References/Previous Performance 7.00 PAYMENT BOND A. If bids are over Twenty -Five Thousand Dollars ($25,000), CONTRACTOR is required to post a payment (labor and materials) bond (Civil Code § 9550). No work shall be performed until said bond is on file and approved by the DISTRICT. 8.00 REJECTION OF BIDS A. The DISTRICT may reject all BIDS and either initiates a new REQUEST FOR BIDS or abandon the acquisition of services. B. A reasonable belief by the DISTRICT that an individual, firm, partnership, corporation, or association is financially interested in more than one BID may cause the rejection of all BIDS in which such financial interest exists. C. A materially incomplete or non - responsive BID shall be rejected. 9.00 DETERMINING "RESPONSIBILITY" OF CONTRACTOR A. A responsible CONTRACTOR is one who has complied with all of the requirements of the REQUEST FOR BID, is financially responsible and is likely, in regard to skill, ability and integrity, to faithfully and conscientiously provide the services according to the letter and spirit of the CONTRACT. A responsible CONTRACTOR is one who demonstrates possession of the skill, judgment and integrity necessary for the faithful performance of the CONTRACT, as well as sufficient resources and ability. B. By preparing and submitting a BID to the District Clerk, the CONTRACTOR agrees that the DISTRICT is authorized to conduct investigations into CONTRACTOR'S background. 10/16/2013 Page 4 of 31 10.00 ERROR IN BID A. If, prior to the close of the BID PERIOD, a CONTRACTOR discovers an error in the CONTRACTOR'S BID, the CONTRACTOR may submit a replacement BID prior to the time and date set as the deadline for submitting BIDS. The replacement BID shall clearly indicate that it supersedes the prior BID. B. After the close of the BID PERIOD, an erroneous BID may not be reformed or modified by the CONTRACTOR; but the CONTRACTOR may request that the DISTRICT release the CONTRACTOR due to an error in the BID. The DISTRICT may release the CONTRACTOR so long as the integrity of the bid process is not jeopardized, the error was a result of excusable neglect, and the CONTRACTOR is not advantaged. If the DISTRICT releases the CONTRACTOR, the BID will be deemed to have been rejected and the CONTRACTOR shall be prohibited from performing all or any portion of the proposed CONTRACT. 11.00 AWARD OF CONTRACT A. The DISTRICT is not required to select the lowest monetary BID. B. The CONTRACT shall be awarded on a "Best Value" evaluation method for goods, services and equipment. The evaluation criteria used to select a service company for this contract is described in Section 5.D. of this document 12.00 CONTRACTOR'S DUTY TO OBTAIN INFORMATION The CONTRACTOR shall carefully study the REQUEST FOR BID documents and shall at once report to the CONTRACT ADMINISTRATOR any errors, inconsistencies, or omissions discovered. 13.00 CHANGES IN PROPOSED CONTRACT Except as expressly authorized, no changes to the proposed CONTRACT shall be offered by the CONTRACTOR. 14.00 MANNER OF PERFORMING SERVICES (EXHIBIT AI The manner in which the CONTRACTOR intends to perform the services are set forth in Exhibit A to the proposed CONTRACT. 15.00 CONTRACTOR QUALIFICATIONS The minimum qualifications for a CONTRACTOR'S BID to be considered are as follows: 10/16/2013 Page 5 631 A. CONTRACTOR must have had at least six (6) years' experience in the maintenance of pump and lift stations. 16.00 SEALED BID ENVELOPE A. The BID shall be enclosed in a sealed envelope, plainly marked in the upper left -hand corner with the name, address and telephone number of the CONTRACTOR. B. The CONTRACTOR shall submit the BID original and any related information to: COSTA MESA SANITARY DISTRICT Clerk of the Board 628 W. 191h Street Costa Mesa, California 92627 C. The CONTRACTOR shall print or type on the envelope: "BID for LIFT STATION MAINTENANCE, BID NO. CMSD- 2013 -194 DO NOT OPEN UNTIL: 2:00 p.m. on October 30 .2013" 10/16/2013 Page 6 of 31 BID COVER SHEET CONTRACTOR'S BID TO PROVIDE SERVICES Bid No. CMSD- 2013 -194 In compliance with the REQUEST FOR BID, Bid No. CMSD -2013 -194 the undersigned hereby agrees to furnish all labor, materials, and equipment to perform the services in the proposed CONTRACT, which is enclosed herewith; and to do so in strict accordance with the provisions of the proposed CONTRACT. ENCLOSURES: A. A REQUEST FOR BID, dated and signed by the CONTRACTOR; B. A sample CONTRACT with attachments prepared on the DISTRICT s form; and C. Addenda: None The undersigned CONTRACTOR declares that the only persons or parties interested in this BID as principals are those named herein; that the BID is made without collusion with any other person, firm, or corporation; that CONTRACTOR has carefully examined the locations therein referred to; and CONTRACTOR proposes, and agrees if this BID is accepted, that CONTRACTOR will execute a Contract with the Costa Mesa Sanitary District in the form annexed hereto to provide all necessary labor, machinery, tools, and to do all work and provide materials required as specified in the Contract documents according to the requirements of the Costa Mesa Sanitary District as set forth; and that the CONTRACTOR will take as payment at the price described in the Contract documents, as payment in full for the performed scope of work. The undersigned CONTRACTOR certifies that CONTRACTOR is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101 -1525) and has complied and will comply with these requirements, including but not limited to verifying the eligibility for employment of all agents, employees, SUBCONTRACTORS and consultants that are included in this CONTRACT. SIGNATURE OF CONTRACTOR This document is signed by an individual clearly authorized to bind the CONTRACTOR. CONTRACTOR: xylem Inc. ADDRESS: 1161 Harrel St Mira LLoma, CA 91752 TITLE 10/16/2013 Page 7 of 31 11 CONTRACTOR: Xylem Inc. 1 Flygt Station Name and Address Bid Price (including parts, tax, labor, equipment & freight) Mendoza, 2899 Mendoza Drive, Costa Mesa $18,377.74 Iowa, 1601 Iowa Street, Costa Mesa $17,247.23 South Coast Plaza, Costa Mesa $7,945,88 Can on, 999 Canyon Drive, Costa Mesa $24,035.27 Adams, 2054 Adams Avenue, Costa Mesa $8;61524 Harbor, 521 Wilson Street, Costa Mesa $16,269.24 Victoria, 550 Victoria Street, Costa Mesa $9,719.64 Elden, 146 Mesa Drive, Costa Mesa $36,421.70 Irvine, 2677 Irvine Avenue, Newport Beach $23,39448 Gisler, 3003 Iowa Street, Costa Mesa $4,363.86 21st Street, 21st Street/Newport Blvd, Costa Mesa $2,792.54 Total Bid (l through 11) in numbers: $169,182.82 Total Bid (1 through 11) in words: _One hundred & sixty nine thousand one hundred & eighty two dollars and eighty two cents In addition: it1s bel v t t" hat Iowa station will need a bypass with traffic control. Estimated cost for station bypassing and traffic 's Darren G. McMillan, Branch Manager Print Name and Title 10116/2013 Page 8 of 31 SCOPE OF WORK Maintenance of eleven (11) lift stations owned and operated by the Costa Mesa Sanitary District. The DISTRICT uses exclusively Flygt pumps, a Xylem Brand in all lift stations. To obtain quotes for necessary parts contact Xylem, Inc. Services are specifically identified below. 10/16/2013 Page 9 of 31 Station Name & No. of Address pumps Pump Model Scope of Work Install refurbished pump (PI) Replace impeller and wear ring on both pumps with high Flygt Flygt chrome impellers 090 HT — 90 Replace seals and all O -rings on 1 Mendoza, 2899 2 8" 100 . P2 Mendoza Drive Replace volute on P2 Replace lifting handles Replace stator, rotor unit and Float level sensors on P2 Replace both magnetic starter contact kits Replace both pumps by installing 5 HP pumps Flygt (CP3102_ in stock at District 2' Iowa 1601 Iowa 2 CP3101.180 — 4 ", Yid' Install new bases St 3.5 HP Install high chrome impellers Upgrade conduit for new pump cables Replace impeller and wear ring Flygt with high chrome impellers on 3. South Coast Plaza 2 NP3102.090MT — P2 6 ", 5 HP Replace seals and all O -rings on P2 Replace lift handles Replace impeller and wear ring Flygt Flygt with high chrome impellers — 6" 18 Replace volutes 4 Canyon, 999 2 HP Replace seals and all O -rings Canyon 1- CP3152 — 6 ", 20 Replace wear plates and chain HP slings Replace lifting handles Replace starters 10/16/2013 Page 9 of 31 10/16/2013 Page 10 of 31 Adams 2054 Flygt 5. Adams Ave 2 NP3153 — 4 ", 20 Replace impeller and wear ring HP with high chrome impellers Harbor, 521 Flygt 6. Wilson 2 NP3202 — 8 ", 60 Replace impeller and wear ring Hp with high chrome impellers Flygt 7 Victoria, 550 2 NP3153 — 6 ", 20 Victoria St HP Replace impeller and wear ring with high chrome impellers Replace one pump by installing pump in stock at District Yard Elden, 146 Mesa Flygt Replace impellers with high 8. Drive 2 NP3202.090MT — chrome impellers 8 ", 60 HP Replace volutes Install new starters Replace wear plates Replace impeller and wear rings Irvine 2677 Irvine Flygt with high chrome impellers 9. Ave, Newport Bch 2 NP3202.090Mt — Replace volutes 8", 60 HP Replace wear plates Replace chain slings Gisler 3003 Iowa Flygt Shop repair P 10. Street 2 NP310209OMT — Replace seals and all O -rings 4 ", 5 HP Replace wear ring 21 st Street, 21 st Flygt 11. Street/Newport 2 NP3127.090LT — Rebuild P2 6 ", 10 HP Replace seals and all O -rings 10/16/2013 Page 10 of 31 CONTRACTOR'S STATEMENT OF EXPERIENCE Bid N& CMSD- 2013 -194 The names, addresses, and telephone numbers of four references for which the CONTRACTOR has performed, within the past six years, services that are similar in nature and scope to those described herein. See attached list of references 1. NAME AND ADDRESS OF REFERENCE NAME AND TELEPHONE NUMBER OF REFERENCE CONTACT FAMILIAR WITH THE PROJECT CONTRACT AMOUNT TYPE OF WORK DATE COMPLETED 2. NAME AND ADDRESS OF REFERENCE NAME AND TELEPHONE NUMBER OF REFERENCE CONTACT FAMILIAR WITH THE PROJECT CONTRACT AMOUNT TYPE OF WORK DATE COMPLETED 3. NAME AND ADDRESS OF REFERENCE NAME AND TELEPHONE NUMBER OF REFERENCE CONTACT FAMILIAR WITH THE PROJECT CONTRACT AMOUNT TYPE OF WORK DATE COMPLETED 4. NAME AND ADDRESS OF REFERENCE NAME AND TELEPHONE NUMBER OF REFERENCE CONTACT FAMILIAR WITH THE PROJECT CONTRACT AMOUNT TYPE OF WORK DATE COMPLETED 10116/2013 Page 11 of 31 N -Pump Reference List Here are a few local N -Pump clogging solved references in my territory. Mark Biskup - Senior Engineer City of Carlsbad, CA (760) 602 -2763 Jesse Castaneda - Head of Systems Operations City of Carlsbad, CA (760) 438 -2772 (Upgraded from a closed impeller pump to Flygt NP3301 at cell: (760) 802 -8200 Cannon Rd LS and it solved their ragging problems, numerous upgrades since) Jesse Soto - Collections Super. EMW D (951) 928 -3777 x6332 (Upgraded from st'd closed impeller pump to NP3301 and solved the ragging at Day Street LS) Eric Borroel - Operations Mgr Santa Margarita Water District (949) 459 -6562 (Upgraded Golf Neiborhood LS with small N -Pump and solved the ragging problems) Cory Brown - Utilities Supervisor City of San Clemente, CA (949) 361 -6198 (converted from st'd closed impeller pump to NP3153 and solved the ragging at Frontera LS) Rick Roper - Maint. Supervisor Valley Sanitation District (760) 347 -2356 (converted from st'd closed impeller pump to NP3356 and solved the ragging at WWTP influent LS) We have numerous N -Pumps all over Southern California, but these were specific problem locations that were solved. Other N -Pump installations include: 43-i:rfw LACSD SOCWA City of LA City of Carlsbad OCSD City of Brawley OCWD City of El Centro City of San Diego City of Riverside San Diego County Water Authority EVMWD Padre Dam MWD RCWD SCWD Rubidoux CSD IRWD VSD CMSD City of Beaumont 9n107 CONTRACTOR may attach additional pages, if needed. Label any such pages "STATEMENT OF EXPERIENCE - Additional Information" along with the appropriate title(s) corresponding to this form. 1011612013 Page 12 of 31 CONTRACTOR'S ORGANIZATION Bid No. CMSD -2013 -194 In submitting this BID, the CONTRACTOR represents that the CONTRACTOR has established an organization including an office or offices, communications, administrative staff, and the like; and that the CONTRACTOR'S organization is fully adequate to conform to the requirements of this BID. In support of these representations, CONTRACTOR shall set forth in herein: A. A description of the CONTRACTOR'S organization, showing basic relationship hierarchy and responsibilities, and including ADMINISTRATORS, departments, managers, key support staff, supervisors, foremen, technicians and the like. Information provided below may be supplemented by attaching an organization chart. 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Ww \ �L�\ \\ \\ �\ - -- \��)�, 20 \<�{ ,/ )!]!! ;� z) ~� \ \�} / - - - - -, ©w! .;_) *` |. !� of ow §0 \ }} a`/ of k�) C) U) 0 § ; } M {a / - -- � )!:!`f, ; 5 - - -� &(\ +/ \� \`\ � - - -ƒ \!b a» L]§! § \! /�� ): { {/ \U) k`) {\ }E § § \0, I ;% »�# \ \\ �\\ ( /]® `)wz c \« �\\ m m c 0 0 fA c m a- m E 0 U° E N n�m 0 >m N xU)< m Z W a m c m x a QU � Y2 G1 Ur U m w t yQ � tAN � > m > o m m c 0 0 fA c m a- m E 0 U° E N n�m 0 >m N xU)< k} )� § \ \\ ±$% #$# 0LU 0x \w C)n \(} (_; § { co }�\ \\ Eo } /\\ \ > & §`! § \ \\ ±$% #$# 0LU 0x \w C)n \(} (_; § { co }�\ \�\ § \ \\ ±$% #$# 0LU 0x \w C)n \(} (_; § { co a � w �? � o w � m c� w¢ yy o c ¢ V < w Q a O ¢Zc az0 Vim 3 =w� a ono ~ w5" � o � 0 0 a m w 0O H ao w w o d Oyu 7 U 0 O a U) C l0 N d� N E 0— U E m- a) ,.- a m o T l0 N xcna Page 2 CONTRACTOR'S ORGANIZATION (Continued) B. Location, description, purpose, hours of operation, responsible contact person, phone number, and number of persons employed at the facility, for each of the CONTRACTOR'S offices, manufacturing facilities, or maintenance yard that may, in any way pertain to the performance of the requirements of this BID. ADDRESS OF OFFICE OF OTHER FACILITY DESCRIPTION AND PURPOSE OF THE FACILITY (e.g. "Shop— Equipment maintenance ") RESPONSIBLE CONTACT PERSON PHONE NUMBER NUMBER OF EMPLOYEES 2. ADDRESS OF OFFICE OF OTHER FACILITY DESCRIPTION AND PURPOSE OF THE FACILITY RESPONSIBLE CONTACT PERSON PHONE NUMBER NUMBER OF EMPLOYEES 3. ADDRESS OF OFFICE OF OTHER FACILITY DESCRIPTION AND PURPOSE OF THE FACILITY RESPONSIBLE CONTACT PERSON PHONE NUMBER NUMBER OF EMPLOYEES CONTRACTOR may attach additional pages, if needed. Label any such pages "CONTRACTOR'S ORGANIZATION - Additional Information" along with the appropriate title(s) corresponding to this form. 10/16/2013 Page 14 of 31 CONTRACTOR'S STATEMENT OF ABILITY TO PROVIDE SERVICE Bid No. CMSD- 2013 -194 The CONTRACTOR is required to make a statement of how services will be provided. Include: Time period between award and start of service, experience of personnel, delivery of equipment, and any other information you can offer that will help determine your ability to provide contracted goods, services or equipment. Attachments may be used. Time period depends on many variables, thus time is to be determined Xylem is listed on the stock exchange and is the manufacturer of Flygt products. As such, maintains a qualified staff, equipment and has the experience to meet the requirements for said project. 10/162013 Page 15 of 31 CONTRACTOR'S STATEMENT OF COMPLIANCE WITH INSURANCE REQUIREMENTS [Note. Insurance may not be required Check the agreement to be signed by the successful bidder.] As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificate of insurance showing conformance with the requirements herein for each of Comprehensive General Liability to be provided on award or the Project Automobile Liability: to be Provided on award of the project Workers' Compensation to be provided on award of the project X2 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and /or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, and Workers' Compensation in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in paragraph 10 of the included agreement for each insurance company that the CONTRACTOR proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non -owned or hired, and whether scheduled or non - scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. 10/16/2013 Page 16 of 31 CONTRACTOR'S ACKNOWLEDGEMENT I ACKNOWLEDGE THAT I HAVE READ ALL THE REQUIREMENTS AND CONDITIONS SET FORTH IN THE AGREEMENT AND SPECIFICATIONS TO THE COSTA MESA SANITARY DISTRICT'S LIFT STATION MAINTENANCE PROGRAM, BID NO CMSD - 3 -194 T T ig re Darren G. McMillan, Branch Manager Print Name and Title 10/16/2013 Page 17 of 31 Sample Contract C/- May be subject to change AGREEMENT FOR LIFT STATION MAINTENANCE SERVICES (Insert Name of CONTRACTOR) THIS AGREEMENT is made and entered into this day of by and between the COSTA MESA SANITARY DISTRICT hereinafter referred to as "DISTRICT" and, hereinafter referred to as "CONTRACTOR." That for and in consideration of the promises and agreements hereinafter made and exchanged, CITY and CONTRACTOR mutually agree as follows: 1. Scope of the Work. That CONTRACTOR shall perform all the work and shall provide and fumish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for as described in entitled herein by this reference. attached hereto and incorporated 2. Labor and Materials. All of said work to be performed and materials to be furnished shall be in strict accordance with ALL REQUIREMENTS AS DESCRIBED IN Attachment A entitled attached hereto and incorporated herein by this reference, and CONTRACTOR agrees to do everything required by this Contract, the plans and specifications, and any general conditions, if applicable All labor, materials, tools, equipment and services shall be furnished on work performed, and under the direction, administration and subject to the approval of DISTRICT or its authorized representatives. 3. Term. The term of this Contract/Agreement shall commence on an agreed start date between DISTRICT and CONTRACTOR and shall be completed per the terms of Attachment A entitled 4. Time of the Essence. This provision does not apply to this contract. 5. Delay Damages. This provision does not apply to this contract. 6. The Contract Sum. DISTRICT agrees to pay and CONTRACTOR agrees to accept in full payment for the work above agreed to be done the sum of: Dollars ($ 1, Progress Payments. This provision does not apply to this Contract. 10/162013 Page 18 of 31 Contract - Public Works Page 19 8. Prompt Payments. DISTRICT agrees to promptly make progress payments on undisputed and properly submitted payment requests within thirty (30) days and to comply with the provisions of Public Contract Code Section 20104.50. 9. Retention Securities. This provision does not apply to this Contract. Should progress payments be desired, DISTRICT may retain 5% of the progress payment unless CONTRACTOR establishes an escrow account. 10. Federal Participation. This provision does not apply to this contract. 11. Compliance with the Davis -Bacon Act. This provision does not apply to this contract. 12. Prevailing Wage Rates. DISTRICT has ascertained the general prevailing rate of per diem wages and the general prevailing rate for legal holidays and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and the same has been placed on file with the City Clerk. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation, and travel time and subsistence pay, all in accordance with sections 1773.1 and 1773.8 of the Labor Code of the State of California. 13. Discrimination, Minorities, Aliens. The CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire qualified minority individuals when job opportunities occur and utilize local business firms when possible and when consistent with California Constitution Article 1, Section 31 (a) [Proposition 209]. 14. Eoual Employment Opportunity. CONTRACTOR shall comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity ", and amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41 CFR part 60). 15. Payroll Records. The provisions of section 1776 of the Labor Code of the State of California regarding the preparation, maintenance and filing of payroll records are applicable to this Contract. Specifically, each CONTRACTOR and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by him in connection with the public work. THE CONTRACTOR'S AND SUBCONTRACTOR'S PAYROLL RECORDS SHALL BE SUBMITTED ON A WEEKLY BASIS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUB - CONTRACTOR'S PAYROLL RECORDS. 10/16/2013 Page 19 of 31 Contract - Public Works Page 20 16. Penalty. CONTRACTOR shall, as a penalty to the DISTRICT, forfeit up to $50.00 for each calendar day or portion thereof for each workman paid (either by him or any subcontractor under him) less than the prevailing rate set forth herein on the work provided for in this contract, all in accordance with section 1775 of the Labor Code of the State of California. 17. Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen on the project are hereby imposed upon CONTRACTOR. 18. Legal Day's Work. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Section 11 above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (section 1810, et seq.) of the Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the DISTRICT as a penalty the sum of $25.00 for each workman employed in the execution of this Contract by the CONTRACTOR or any subcontractor for each calendar day during which any workman is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said article. 19. Subcontracting. CONTRACTOR acknowledges that he is aware of the provisions of the "Subletting and Subcontracting Fair Practices Act" (Public Contract Code Section 4100 et. seq.) and that he agrees to comply with all applicable provisions thereof. If any part of the work to be done under this contract is subcontracted, the subcontract shall be in writing and shall provide that all work to be performed thereunder shall be performed in accordance with Contract. Upon request, certified copies of any or all subcontracts shall be furnished the DISTRICT. The subcontracting of any or all of the work to be done will in no way relieve the CONTRACTOR of any part of his responsibility under the Contract. Breach of any of the above provisions will be considered a violation of the Contract, and the DISTRICT may: cancel the Contract, assess the CONTRACTOR a penalty of not more than 10 percent of the subcontract involved, or cancel the contract and assess the penalty. All persons engaged in the work, including subcontractors, will be considered as employees of the CONTRACTOR. He will be held responsible for their work. The DISTRICT will deal directly with and make all payments to the CONTRACTOR. 20. Workers' Compensation. CONTRACTOR shall carry Workers' Compensation Insurance and require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. CONTRACTOR, by executing this Contract, hereby certifies: 10/162013 Page 20 of 31 Contract - Public Works Page 21 "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." 21. Druz -Free Work. CONTRACTOR agrees to provide a drug -free workplace in accordance with 24 CFR part 24, sub -part F. Under 24 CFR part 24 sub -part F., the CONTRACTOR will provide certification in writing that it will provide a drug -free workplace by: (a). Publicizing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the action it will take against employees for violation of such prohibition; (b). Establish an ongoing drug -free awareness program to inform employees about- 1. Degrees of drug abuse in the workplace; 2. The policy of maintaining a drug -free workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs; 4. The penalties which may be imposed on employees for drug abuse violations occurring in the workplace. (c). Making it a requirement that every employee to be engaged in the performance of the Contract be given a copy of the statement required by paragraph (a); (d). Notifying employees in the statement required by paragraph (a) that as a condition of employment under the Contract the employee will - 1. Abide by the term of the statement; and 2. Notify the employer in writing of any conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction. (e). Notify the DISTRICT in writing, within ten (10) calendar days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction. Employer of said convicted employee must provide notice, including conviction title, to the DISTRICT; (f). Taking one of the following actions, within thirty (30) calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted - I. Taking appropriate action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency. 10/1612013 Page 21 of 31 Contract - Public Works Page 22 (g). Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). 22. Bonds. CONTRACTOR shall be required to post a labor and materials bond in 23. CONTRACTOR'S Affidavit. This provision does not apply to this Contract. 24. CONTRACTOR'S Waiver. This provision does not apply to this Contract. 25. Notice to Proceed. No work shall begin until all bonds and insurance is on file and the Contract executed, at which time a Notice to Proceed will be given. 26. Termination. A. If CONTRACTOR should fail to comply with any of the provisions hereof, or in the event CONTRACTOR should become the subject of a proceeding under state or federal law for relief of debtors, or if CONTRACTOR makes an assignment for the benefit of creditors, DISTRICT shall have the right to hold CONTRACTOR in default and cancel this Contract in whole or in part. B. Should CONTRACTOR, at any time during the progress of the work, refuse or neglect to supply sufficient material or labor, or fail in compliance with any provision of this Contract, DISTRICT shall have the right, without prejudice to any other right or remedy it may have, to provide such Tater'als I d lftr, or make good such deficiencies as DISTRICT may deem expedient after ive ways t dMe in writing, delivered or mailed to CONTRACTOR at his last address on file with DISTRICT, and CONTRACTOR shall be liable for the cost and expense thereof which may be deducted by DISTRICT from any money that may be due CONTRACTOR. not to exceed the value of the purchase order. C. Without limiting any rights which DISTRICT may have by reason of any default by CONTRACTOR hereunder, DISTRICT reserves the right to terminate this Contract in whole or in part at its convenience :9 MrQr�ee b1§TW dlivC A�'IftTRACTOR, subject to deduction for previous payments (i) by reimbursing CONTRACTOR for all actual expenditures and costs incurred in performing under this Contract (ii) by reimbursing CONTRACTOR for all expenditures made and costs incurred with DISTRICT'S prior written approval in settling or discharging outstanding commitments entered into by CONTRACTOR in performing under this Contract and (iii) by paying CONTRACTOR as a profit, insofar as a profit is realized hereunder, an amount equal to the profit on the entire Contract estimated at the time of termination, multiplied by the percentage of completion of the work. In no event, however, will the compensation to CONTRACTOR exceed the total Contract price less payments previously made and less the Contract price of work not terminated. Upon receipt of any notice of 10/16/2013 Page 22 of 31 Contract - Public Works Page 23 termination, CONTRACTOR shall, unless the notice otherwise directs, (i) immediately discontinue the work and the placing of all orders and subcontracts in connection with this Contract, (ii) immediately cancel all existing orders and subcontracts made hereunder and (iii) immediately transfer to DISTRICT all materials, supplies, work -in- process, appliances, facilities, equipment, machinery and tools acquired by CONTRACTOR in connection with the performance of this Contract. 27. CONTRACTOR'S Independent Investigation. No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by DISTRICT for purposes of letting this Contract out to bid, will be accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of said Contract, specifications, and plans. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time except as provided in Paragraph 28 of this Contract. 28. CONTRACTOR may at any time by written notice (in addition to any other rights and remedies) terminate the Agreement or suspend its performance of all or any of its obligations under the Agreement immediately and without liability for compensation or damages on giving the OWNER one month "s written notice by recorded delivery. 10/1612013 Page 23 of 31 28. Damages/Extra Work Compensation. No claim for extra work or expense shall be payable unless brought to the DISTRICT's attention as soon as possible so the situation can be observed or documented. 29. Other Documents Included. This provision does not apply to this Contract. 30. Interpretation. In the event of any conflict, inconsistency or incongruity between the provisions of this contract and the provisions of any other document or amendments thereto, the provisions of this Contract shall control in all respects. 31. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. If any action is brought against the CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the DISTRICT as a party to said action, DISTRICT shall be entitled to reasonable attorney's fees, costs and necessary disbursements. 32. Additional Costs. CONTRACTOR shall be responsible to reimburse the DISTRICT a sum equal to the expenses of administration and legal services required to be expended by the DISTRICT in processing Notices to Withhold, Stop Notices, or similar legal documents arising out of a failure of the CONTRACTOR to pay for labor or materials. Said obligation shall be provided for in the payment bond required by the CONTRACTOR. The DISTRICT shall further have the right to offset any such costs and expenses incurred by DISTRICT against any sums owing to CONTRACTOR under the agreement. 33. Insurance. CONTRACTOR shall provide proof of commercial general liability and workers' compensation insurance before starting the job as described in Exhibit 34. Indemnification. CONTRACTOR and DISTRICT agree that DISTRICT should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation CCosts defense costs court costs or and a hog, ent pact or omission or w, ul lsco duct of the Cilntr2ctor in other cost arising out of late.,te t1e performance o t 1s Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the or DISTRICT, except for liability attributable to the DISTRICT's ae4ve negligence7willful n,iseond a CONTRACTOR acknowledges that DISTRICT would not enter into this Agreement in the absence of this commitment from CONTRACTOR to indemnify and protect DISTRICT as set forth here. To the full extent permitted by law and excepting only the aetive negligence of DISTRICT, established by a court of competent jurisdiction or written agreement between the parties, CONTRACTOR shall defend "tMiNfilry and hold harmless DISTRICT, its employees, agents and officials, from aii� liability, claims, suits, actions, arbitration proceedings, 10/16/2013 Page 24 of 31 administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees incurred by DISTRICT, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arisine out of ' this provision are to be paid by as incurred by DISTRICT. Without affecting the rights of DISTRICT under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless DISTRICT as set forth above for liability attributable to the active negligence of DISTRICT, provided such active negligence is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the DISTRICT is shown to have been actively negligent and not in instances where CONTRACTOR is solely or partially at fault or in instances where DISTRICT's active negligence accounts for only a percentage of the liability involved. In those instances, the obligation of CONTRACTOR will be for that portion or percentage of liability not attributable to the active negligence of DISTRICT as determined by written agreement between the parties or the findings of a court of competent jurisdiction. It is the expressed intention of the parties, that each of them shall be liable for the consequences of their own negligent acts or ornissions whether those acts or omission are the sole, joint on concurring causes of any claims, demands, proceedings, losses or other liabilities. The obligations of CONTRACTOR under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to DISTRICT, its employees and officials. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub -tier contractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of subject matter of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required here, CONTRACTOR agrees to be fully responsible according to the terns of this section. Failure of DISTRICT to monitor compliance with these requirements imposes no additional obligations on DISTRICT and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend DISTRICT as set forth herein is binding on the successors, assigns, or heirs of CONTRACTOR and shall survive the termination of this Agreement or this section. 35. Permits. The CONTRACTOR shall obtain from DISTRICT, County, State, or other responsible public agencies all licenses and permits, and pay all fees related thereto, necessary to complete the job. 36. Assiunment. No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the DISTRICT unless such assignment has had prior written approval and consent of the DISTRICT and the Surety. With the exception of bona fir's claims by third parties far personal injury or property damage resulting from claims in the nature of product liability.. CON TRACI OR's aggregate liability shall be limited, in all cases, to the amount paid by the DISTRICT hereunder. 10/16/2013 Page 25 of 31 37. Safety and Site Condition. CONTRACTOR shall perform all operations with due regard for safety and in strict compliance with all applicable laws relating thereto. It shall be CONTRACTOR'S responsibility to keep the site in a clean, neat and orderly condition. It shall also be CONTRACTOR'S duty to dust - palliate all working areas and access routes, if applicable. All operations shall be conducted by CONTRACTOR so that no fire hazards are created. 38. Utility Location. DISTRICT acknowledges its responsibilities with respect to locating facilities pursuant to California Government Code Section 4215. 39. Notices. The parties hereto agree that all formal notices required by this Agreement may be provided to the following persons at the following addresses by sending the same by certified or registered mail as follows: DISTRICT: Costa Mesa Sanitary District 628 E. 29th Street Costa Mesa, CA 92627 CONTRACTOR: xylem Inc. LOCAL CONTACT: Manny Padilla 40. Effect of Invalidity. The invalidity in whole or in part of any provisions hereof shall not affect the validity of any other provision. 41. Gratuities. CONTRACTOR warrants that neither it nor any of its employees, agents or representatives has offered or given any gratuities to DISTRICT'S employees, agents or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 42. Conflict of Interest. Contractor warrants that he has no blood or marriage relationship, and that he is not in any way associated with any architect, engineer or other preparer of the plans and specifications for this project. 43. Copeland "Anti- Kickback" Act. If applicable to this contract, CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti- Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each Contractor shall be prohibited from including, by any means, any person employed in the construction, completion or repair of any public work, to give up any part of the compensation to which he is otherwise entitled. 10116/2013 Page 26 of 31 44. Final Closeout Agreement and Release of All Claims. Prior to filing the Notice of Completion the CONTRACTOR and DISTRICT shall execute and record a Final Closeout Agreement and Release of All Claims. 45. Guarantees. A. Work; CONTRACTOR shall and hereby does guarantee all Work for a period of one (1) year after the date of acceptance of the Work by the DISTRICT and shall repair and replace any and all such Work, together with any other work which may be displaced in so doing that may prove defective in workmanship and /or materials within the one (1) year period from date of acceptance, without expense whatsoever to the DISTRICT, ordinary wear and tear and usual abuse or neglect excepted. B. Materials; CONTRACTOR shall and hereby does guarantee all Materials for a lifetime after the date of acceptance of the Materials by the DISTRICT and shall repair and replace any and all such Materials, together with any other materials which may be displaced in so doing that may prove defective during the lifetime of the Materials, without expense whatsoever to the DISTRICT, ordinary wear and tear and usual abuse or neglect excepted. In the event of failure to comply with the aforementioned conditions within five (5) days after being notified in writing, the DISTRICT is hereby authorized to proceed to have the defects repaired and made good at the expense of the CONTRACTOR, who shall pay the cost and charges therefore immediately on demand. 47. Job Progress. CONTRACTOR shall provide DISTRICT with a critical path progress report at least monthly. 48. Resolution of Claims. For all claims that are less than Three Hundred and Seventy Five Thousand Dollars ($375,000.00), the provisions of Public Contracts Code Section 20104 et seq. (Article 1.5 — Resolution of Construction Claims) shall be followed. 49. Notice to Contractor of Claims. DISTRICT shall provide notice to Contractor upon receipt of any third -party claim related to the contract. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the date and year first above written. ATTEST: DISTRICT COSTA MESA SANITARY 10/1612013 Page 27 of 31 APPROVED AS TO FORM: District Counsel CONTRACTOR Name: xylem Inc. Address: 11,},61 Harrel St., Suite B ,Z11 Loma, CA 91752 10/16/2013 Page 28 of 31 U z_ 2 W J } x F- N J W w K a 2 e--1 r-I r-1 m W V) N N LIl N a U a O J cr a C H U K F- 0 } a H z a !n a N cW G a N O U 0 K a O co W 2 LL O Y K W J U H N F Ql c-I W N n N lD N Q1 a U a N cW G N O U W U z a z Li H Z a z O L- LL J w O LL 0 m ,,:I- CY) m 0 N i �1 T M 0 N O M LU w m O H U O Z O i d O 0 N J_ H Z Z W a- 0 F- 0 Z O 0