Contract - Schuler - 2014-05-13#201 Corporation Yard Pump Station Pipe Replacement
ONE
(Public Works $30,000- $125,000)
This AGREEMENT is made and entered into this 13th tlay of May, 2014, by and
between the COSTA MESA SANITARY DISTRICT hereinafter referred to as'DISTRICT" and,
SCHULER ENGINEERING, CORP., hereinafter referred to as "CONTRACTOR."
WITNESSETH
That for and In consideration of the promises and agreements hereinafter made and
exchanged, DISTRICT and CONTRACTOR mutually agree as foliose:
Scone of the Work. CONTRACTOR shall replace piping and valves at the Corporation
Yard Pumping Station, Including all existing 3" ductile iron pipe (DIP) discharge piping,
valves and appurtenances (hangers, bolts, te-rotlsr pipe supports, etc.) from just beyond
the pump discharge bases to the exit point of the existing valve vault where the 3-DIP
joins the 0' DIP. The existing DIP piping shall be replaced wiO stainless steel piping
with welded joins. The existing Plug valves, check valves, by -pass connection, fittings,
pipe supports, etc, shall be replaced with new equipment, equal to that as speclfed on
the original construction plans provided with the bid documents. The existing stainless
steel guide mils, brackets and bolts shell be replaced with new, equal pads. The
existing pumps and discharge bases shell remain, and no work Is anticipated on this
equipment. The unused corroded junoion boxes shall be removed and the coating
temporarily palched with sealant.
2. Labor and Materials. All of said work to be performed antl materlals b be
furnished shall be in strict accordance with the plans and specifications for Pool 9201,
incorporated herein by this reference, and CONTRACTOR agrees to do everything required by
this AGREEMENT, the plans and specifications, and any general conditions, if applicable
All labor, materials, tools, equipment and services shell be furnished on work generated,
and under the direction, administration and subject to the approval of DISTRICT or Its
authorized representatives.
3. Term. The term of this AGREEMENT shall commence on an agreed star date
between DISTRICT and CONTRACTOR and shall be completed in fifteen (15) working days,
4. Time of the Essential This provision does not apply to this AGREEMENT.
S. Paley Damages. This provision does not apply to this AGREEMENT.
Contmct- Public Works
Page 3
8. The Contract Sum. DISTRICT agrees to pay and CONTRACTOR agrees b
accept In full payment for the work above agreed to be done like sum of Forty thousand five
hundred fifty Dollars ($40,550.00)
7. Progress Payments. This provision does net apply to this AGREEMENT.
8. Prompt Payments. DISTRICT agrees to promptly make progress payments on
undisputed and properly submitted payment requests nigh 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 AGREEMENT.
Si progress payments be desired, DISTRICT may retain five percent (5 %) of the progress
payment unless CONTRACTOR establishes an esctors maroon!.
10. Federal Paliieloat ion. This provision tloes not apply to this AGREEMENT.
11. Compliance with the Davis-Bai Act. This prevision does not apply to this
AGREEMENT.
12. Prevailing Wane Rates. DISTRICT has ascertained the geneml prevailing rate
a 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 AGREEMENT, and the same has been placed on file with the Distinct Clark. Said per diem
wages are deemed to include employer payments kr 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
or allow Its employees, agents, principals, or subcontractors to discriminate against any
employee or applicant for employment on the basis of lace, religious creed, national origin or
x. CONTRACTOR shall take affirmative steps to hire qualleed minority individuals when job
opportunities occur and utilize II business firms when passible and when consistent with
California Constitution Art 1, Section 31 (a) (Proposi0 rn 2091.
14. Equal Employment Opporgi . 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 M Labor Regulations (41 CM
on 60).
15. Pavroll Records. The provisions of section 1776 of the Labor Code of the Slate
of California regarding the preparation, maintenance and filing of payroll records ere applicable
to this AGREEMENT. Specifically, each CONTRACTOR and subcontractor shall keep an
accurate payroll record showing the name, address, social security number, work classification,
Naught 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 all the public
were THE CONTRACTOR'S AND SUBCONTRACTOR'S PAYROLL RECORDS SHALL BE
SUBMITTED ON A WEEHLY BASIS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR
SUBMITTAL OF SUB - CONTRACTOR'S PAYROLL RECORDS.
Oontrant- PUbllo Works
Page
16. Penalty. CONTRACTOR shall, as a penalty to the DISTRICT, forfeit up to Fifty
Dollars ($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 AGREEMENT, all in accordance with section 1775 of the Labor Code of the
State of CBlifprc a.
17. Apprentices. If applicable, the provisions of Labor Code Section 1777.5
requiring the use of apprentices in certain miles to journeymen on the project are hereby
imposed upon CONTRACTOR.
18. Legal Day's Work. In the performance of this AGREEMENT, not more than
eight (B) hours shall constitute a day's work, and the CONTRACTOR shall not require more then
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, Pad 7
(auction 181D, at seq.) of the Labor Code of the State of California, and It Is agreed that the
CONTRACTOR shall humid to the DISTRICT as a penally the sum of $25.00 for each workman
employed in the execution of this AGREEMENT by the CONTRACTOR or any subcontractor for
each calendar day during which any workman Is required or permitted to labor more then eight
(8) hours in any one (1) calendar day and lofty (40) hours In any one (1) week in violation of
said article.
19. Subcontracting. CONTRACTOR acknowledges that he Is aware of the
provisions of the "'Subliaing and Subcontracting Fair Practices Am' (Public Contract Code
Section 4100 at real and that he agrees to comply with all applicable provisions thereof. If any
part of the work to be done under this AGREEMENT is subcontracted. the subcontract shall be
In writing and shall provide that all work to be performed thereunder shall be performed in
accordance with this AGREEMENT. Upon request, artl0ed copies of any or all subcontracts
shall be furnish al 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 AGREEMENT.
Breach of any of the above provisions will be considered a violation of the AGREEMENT, and
the DISTRICT may: cancel the AGREEMENT, assess the CONTRACTOR a penalty of not more
than tan percent (10 %) of the subcontract involved, or cancel the AGREEMENT and assess the
penalty.
All persons engaged In the work, including subanlrectom, will ber 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 cony Workers' Compensation Insurance as required
by the Labor Cotle of the State of California. CONTRACTOR, by executing this AGREEMENT,
hereby cedlfles'.
"I am aware of the provisions of beaten 3700 of the Labor Code
which require every employer to be Insured against liability for
Workers' Compensation or to undertake self - insurance in
aach ance with the provisions of that node, and I will comply with
Contract - Public Works
Page 5
such previsions before commencing the performance of the work
of this AGREEMENT."
21. Drum-Fm Work. CONTRACTOR agrees to provide a fine a workplace In
accordance with 24 CFR part 24, sub -part F. Under 24 CFR pad 24 sub pad F„ the
CONTRACTOR will provide dominatled in writing that It will provide a drug -free, workplace by
(a) Publicizing a statement notifying employees that the unlawful manufacture.
dlstdbution, 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
prehibltlom
(b) Establlsh an ongoing dmg -free awareness program W 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
pmgrame,
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 AGREEMENT 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 AGREEMENT 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 alminal
drug statute occurring In the workplace no later than flue (5) calendar days
after such conviction:
(a) 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 consider. 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 W any employee who is so convicted:
1. Taking appropriate action against such an employee, up to and Including
to rniation, consistent with the requirements of the Rehabilitation Act of
1913, as amended: or
2. Requiring such employee W participate indefinitely in a end abuse
assistance or rebabllitation program approved for such purposes by a
Federal, State or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort W continue W maintain a drug4ree workplace through
implementation of paragraphs (a), (b), (c), (d), (e) and (g
Contract - Public Works
Page 6
22. Bonds. CONTRACTOR shall be required to past a faithful performance bond
and labor and material bond, each In the sum of Forty thousand five hundred nM Dollars
($40,550.00).
21 CONTRACTOR'S Affidavit. This provision does not apply to this AGREEMENT,
24. CONTRACTOR'S Waiver. This provision does not apply to this AGREEMENT.
25. Nonce to Proceed No work shall begin until all bonds and insurened Is on Ole
and the AGREEMENT 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 Io hold CONTRACTOR In default and cancel this AGREEMENT
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
AGREEMENT. DISTRICT shall have the right, without preempts to any other right or remedy it
may have, to provide such materiels and labor, or make good such deficiencies as DISTRICT
may deem expedient after three (3) days notice In wrhing, delivered or mailed No
CONTRACTOR at his last address on flle with DISTRICT, and CONTRACTOR shall he liable
for the cost and expense thereof which may be deduced by DISTRICT from any money that
may be due CONTRACTOR.
O. Without limiting any rights which DISTRICT may have by reason of any default
by CONTRACTOR hereunder, DISTRICT reserves the right to terminate this AGREEMENT in
whole or in pair at its convenience. In such event DISTRICT shall compensate CONTRACTOR,
subject to deduction for previous payments (I) by reimbursing CONTRACTOR for all actual
expenditures and costs incurred in performing under this AGREEMENT (II) by relmburaing
CONTRACTOR be all expenditures made and costs Incurred with DISTRICT'S prior written
approval In sold of or discharging counse ing commitments entered into by CONTRACTOR In
performing under this AGREEMENT and (iii) by paying CONTRACTOR as a profit, insofar as a
profit Is realized hereunder, an amount equal to the poor on the entire AGREEMENT estimated
at the time of termination. multiplied by the percentage W completion of the work. In no event,
however, will the compensation to CONTRACTOR exceed the total AGREEMENT price less
payments previously made and less the AGREEMENT price of work not terminated Upon
receipt of any notice of temar ation, CONTRACTOR shall, unless the notice otherwise directs, (i)
immediately discontinue the work and the placing of all orders and subcontracts in connection
with this AGREEMENT, (ii) Immediately cancel all existing orders and subcontooks made
hereunder and (iii) immediately transfer to DISTRICT all materials, supplies, work- In-process,
appliances, facilities, equipment, machinery and Weis acquired by CONTRACTOR In
connection with the performance of this AGREEMENT.
Contract - Public Works
Page T
27. CONTRACTOR'S Inseaendan[ Investloetlon. No plea of Ignorance of
conditions that exist or that may hereafter exist, or of conditions or stil Ides that may be
monomial In the execution of the work under this AGREEMENT, as a result of failure to make
the necessary independent exarinatlons and investigations, and no plea of reliance on Initial
Investigations or reports prepared by DISTRICT for purposes of letting this AGREEMENT out to
bid, will be accepted as an axcu6e for any failure or omission on the pad of the CONTRACTOR
to bull in every detall all requirements of said AGREEMENT, specgrat on6, and plans. Nor will
such reasons be accepted as a basis for any claims whatsoever an extra compensation or for
an extension of time except as provided in Paragraph 28 of this AGREEMENT.
28. Dameoes0i 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
AGREEMENT.
30. Interpretation. In the event of any conflict, Inconsistency or Incongruity between
the provisions of this AGREEMENT and the proverse of any other document or amendments
thereto, the previsions addle AGREEMENT shall control in all respects.
31. Additional Coats, CONTRACTOR shall be responsible W reimburse the
DISTRICT a sum equal to the expenses of administration and legal services required to be
expanded by the DISTRICT in processing Notices to Withhold, Stop Notices, or similar legal
documents arising out of a failure of the CONTRACTOR he pay for labor or materials. Sold
obligation shall be provided for In the payment bond required by the CONTRACTOR. The
DISTRICT shall further have the right to offset any such teats and expenses Incurred by
DISTRICT against any sums owing to CONTRACTOR under this AGREEMENT.
32. Insurance. CONTRACTOR shall provide proof of commercial general liability
and workers' compensation insurance before staling the fob as required by DISTRICT.
33. 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 costs, defense costs, court coats or any other cost
arising out of or In any way related to the performance of this AGREEMENT, Accordingly, the
prwlslona of this Indemnity provision are intended by the refuse to be Interpreted and
construed It, provide the fullest protection possible under the law to the DISTRICT, except for
liability attributable to the DISTRICT's active negligance. 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 active negligence of
DISTRICT, established by a Court of competent fursdlodon or written agreement between for
parties, CONTRACTOR shall defend, Indemnify and hold harmless DISTRICT, Its employees,
agents and officials, from any Ilabillty, claims, salts, odlers, arbitration procaed'mgs,
administrative proceedings, regulatory proceedings, leases, expenses or basis of any kintl,
whether actual, alleged or threatened actual attorney fees Incurred by DISTRICT, court costs,
Interest, defense costs including expert wlmesa tees and any other costs or expenses of any
kintl whatsoever without restrldlon or limitation Incurred In relation to as a consequence of or
arising out of or in any way attributable actually, allegedly or Impliedly, in whole or in part to the
performance of this AGREEMENT. All obligations order this provision ere to be paid by
CONTRACTOR 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 pates or the findings of a court of
competent Jurisdiction. This exception will apply only in Instances where me DISTRICT Is
shown to have been actively negligent and not In Instances where CONTRACTOR is solely or
canton at fault or in instances where DISTRICT'S all negligence accounts for only a
percentage of the Ilablllty Involved In those Instances, the obligation of CONTRACTOR will be
for that podion or percentage of liability not attributable to the active negligence of DISTRICT as
determined by written agreement between the Earlier or the findings of mud of competent
medical
decal
The obligations of CONTRACTOR under this or any other provision of this
AGREEMENT will not be limited by the previsions of any workers compensation act or annular
act. CONTRACTOR expressly waives Its statutory Immunity under such statutes or laws as to
DISTRICT. Its employees and charge
CONTRACTOR agrees to obtain executed Indemnity agreements with provisions
identical to those set to" 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 lo be
fully responsible emerging to the terms 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.
34. Permits. The CONTRACTOR shall obtain from the DISTRICT, County, State, or
other responsible public agencies all licenses and permits, and pay all fees related marean
necessary to complete the job.
35. Assianmen[. No assignment by me CONTRACTOR of this AGREEMENT or
any pad hseo( or of funds to be received hereunder, will be recognized by the DISTRICT
unless such assignment has had prior written approval and consent of this DISTRICT and the
Surety,
36. 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 shell 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 seem routes, if
applicable. All operations shall be =Inducted by CONTRACTOR so that no fire hazards are
created.
3T. Wility Location. DISTRICT acknowledges Its responsibilities with respect to
locating facilities pursuant to California Government Code Section 4215.
38. Nom. 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 call or registered mail as follows:
DISTRICT; Costa Mesa Sealtant District
628 W. 19th Street
Costa Mesa, CA 92627
CONTRACTOR: Schuler Engineering Corp.
584 W. Salomon Circle
Corona, CA 92850
LOCAL CONTACT'. Brow Schuler
(951) 738 -9215
39. Effect of invalidity. The invalidity in Whole or In pad of any previsions hereof
shall not affect the validity of any Other prevision.
40. Gre>r>�Q;E. CONTRACTOR warrants that neither it nor any of its employeae,
agents or representatives has offered Or given any gretuities to DISTRICT'S employees, agents
or representatives with a view toward securing this AGREEMENT Or securing favorable
treatment with respect thereto.
41. Conflict of Interest. CONTRACTOR warrants that he has no blood or manlage
relationship, and that he Is not in any way associated with any ambdect, engineer or Other
procurer of the plans and specifications for this project.
42. Copeland "A �KI kb k" Add. If applicable to this AGREEMENT,
CONTRACTOR and Its subcontractors shall comply with the provisions of the Copeland °An&
Kickback' Act (18 USC Section 874), as supplemented In Department of Labor regulations,
which Act provides that each connector shall be prohibited from including, by any means, any
parson employed In the construction, completion or repair of any public work, to glue up any part
of the compensation to which he is olherwlae entitled
43. Final Cloaeou[Aareement d R of All Claims. Prior to fling the Notice
of Completion the CONTRACTOR and DISTRICT shall execute and record a Final Clweout
Agreement and Release of All Claims If so required by District.
40. Guess.
A. Work, CONTRACTOR shell 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 andlor materials within the one (1) year period from
dale of aoeptance. 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 shell 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 o 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 t0 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.
45. Job Progress. CONTRACTOR shell provide DISTRICT with a cdtical path
progress repodat least monthly.
0. Resolution of Claims. For all claims that are less then Three Hundred and
Seventy Five Thousand Dollars ($375,000.00), the provlslcns of Public Contracts Cade Section
20104 at sag ,(Article 1.5 — Resolution of Construction Claims) shall be followed.
07. Nance to Contractor of Clalm . DISTRICT shall provide notice to
CONTRACTOR upon receipt of any third -party clalm related to this AGREEMENT.
IN WITNESS WHEREOF, the part hereto have entered into this AGREEMENT the
date and year first above often.
ATTEST: COSTA MESA SANITARY DISTRICT
lli c-j
Coined ark "General Manager
APPROVED AS TO FORM: SCHULER ENGINEERING CORP.
Mill 554 w. Bateman Circle
Corona, CA 92850
Distdct Counsel
By
Brute Schuler
President.
State or California
County of mil Na'I^- ciF
on dc 11,3 IH before me. L'� 1. Lpr_Mm,N�z�N r ob'
personally appeared Oce �'Schu PS mm.
USAI L.1LNpyaCj
CammiYimeNpS S
Nxrry WNk � aft
mix aMML CCU"
[onm B Yn F4E1. Ym]
who proven to me on the nazis of satisfactory
eHtlerce to be the personlp) whose came{ej iamre
subacrmed compendia instrument and acknowledged
to me that helubnavy executed the dam
nismernheir authored rapadypes), and mar by
nlsM1UNfkelr signaturega) on the instrument 'me
pemon{d, or me entity upon behalf of which the
ceraon(a{ avYed, executed the instrument.
I cedlty under PENALTY OF PERJURY under the
ws of the State of Gulkimla that the margoing
paragraph is true . and correct.
WITNESS my hand and ofllcial seal.
Signature: a_. �ochc is
OPTIONAL
moan the IMmnnm bebw d' our livel by row, it mayor remade C, overseas, extent m mp COWmenr
curve prevent ears ianrremo.al am mercawmant or sera roan to amrber booumant.
Description of Attached Document
Title or Type at Document, Wp'i 1pc`L
Document Date SI[Io IZOIy Number of Pages'. 13
Signeres) Other Than Named Above: nCCR�
Capabilities) Clalmed by Signegs)
Signer's Name: tor rrhP D �JNOcwc
N Corporate Officer— Trials) —P.lb L.Q1=
I Individual
I Padrer — l Jmlfed F Goneral
_ I Attorney in Fed
I Trustee
I Guardian or Conservator
J Other'.
Signer's Name'.
T Corporate Career — TXlelsf'.
F lndiNdeal
• Partner — ] Lo itad J General
• Aaomey In Fad
Fi Trustee
-1 Guardian or Conservator
J Other:
Signer Is Representing z`i pi Fq Signer is Representing:
Coal on