Agr - Sancon Technologies - 2022-02-11AGREEMENT
#324 Sewer Manhole Rehabilitation — Phase 3
This Agreement (hereinafter referred to as "AGREEMENT') is made and entered into this
11 t" day of February, 2022, by and between the COSTA MESA SANITARY DISTRICT,
hereinafter referred to as "DISTRICT," and Sancon Technologies, Inc, 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 follows:
SCOPE OF WORK AND CONTRACT SUM
Scope of Work. CONTRACTOR shall perform all the work and shall provide and furnish
all labor, materials, tools, expendable equipment, and utility and transportation services required
to construct the #324 Sewer Manhole Rehabilitation — Phase 3, dated 11/10/21 (hereinafter
referred to as "PROJECT'). This project has been registered with the Department of Industrial
Relations using form PWC-100 pursuant to Labor Code section 1773.3.
1. Labor and Materials. All of said work to be performed and materials to be
furnished shall be in strict accordance with the plans and specifications entitled #324 Sewer
Manhole Rehabilitation — Phase 3, and CONTRACTOR agrees to do everything required by
this AGREEMENT, the plans and specifications, and the CONTRACT DOCUMENTS.
All labor, materials, tools, equipment, and services shall be performed under the direction
and administration of, and subject to the approval of, DISTRICT or its authorized representatives.
2. 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 $96,478.00.
NOTICE TO PROCEED AND TIMING
3. Notice to Proceed. No work, services, material, or equipment shall be performed
or furnished under this AGREEMENT unless and until a "Notice to Proceed" has been given to
CONTRACTOR by DISTRICT and all bonds and certificates of insurance required pursuant
hereto have been furnished to and approved by DISTRICT.
4. Time of Completion. CONTRACTOR agrees to commence the work to be
performed under this AGREEMENT on the start of the construction date specified in the "Notice
To Proceed" and to diligently prosecute the work to completion by the completion date specified
in the Notice to Proceed, which the parties agree is ninety (90) WORKING DAYS.
5. Time of the Essence. Time is of the essence of this AGREEMENT.
6. Liquidated Damages/Additional Actual Damages. It is agreed by the parties
hereto that, in case the total work called for hereunder in all parts and requirements is not finished
or completed within the number of working days as set forth herein, damage will be sustained by
the DISTRICT and that it is and will be impractical and extremely difficult to ascertain and
determine the actual damage which the DISTRICT will sustain in the event of and by reason of
HGSD 2016 CIP A-1 Agreement
such delay. It is therefore agreed the CONTRACTOR will pay to the DISTRICT the sum of one
thousand Dollars ($ 1,000.00) per working day for each and every day of delay in finishing the
work in excess of the number of days prescribed in Section 4, and the CONTRACTOR agrees to
pay said liquidated damages herein provided for and further agrees that the DISTRICT may
deduct the amount thereof from any monies due or that may become due the CONTRACTOR
hereunder. Liquidated damages shall be a measurement of the sum to compensate the public
for inconvenience from not having the work completed on time and the cost of DISTRICT staff to
monitor the job beyond the completion date. DISTRICT shall further be entitled to recover its
additional actual damages incurred which shall be supplemental to the liquidated damages.
Provided strict compliance with Section 21 below is effected, the CONTRACTOR will be
granted an extension of time and will not be assessed with liquidated damages for any portion of
the delay in completion of the work beyond the time named herein due to unforeseeable causes
beyond the control and without the fault or negligence of the CONTRACTOR, including, but not
restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions,
strike, and unsuitable weather, or delays of subcontractors due to such causes.
JOB PROGRESS AND COOPERATION
7. Job Progress. CONTRACTOR agrees to maintain a realistic critical path analysis
throughout the project. CONTRACTOR agrees to meet with DISTRICT's PROJECT MANAGER
or designee on a weekly or other periodic basis, or as requested by DISTRICT to review job
progress. "PROJECT MANAGER" for purposes of this AGREEMENT shall be the District
Engineer or such designee as has been given the authority for this PROJECT in a written
designation. CONTRACTOR agrees to provide DISTRICT with critical path analysis
documentation whenever job progress is impacted so that the completion date may be affected
or whenever delays or other impacts may give rise to CONTRACTOR's claim for additional days
or additional damages. Delay and other claims of damages based on CONTRACTOR's planned
early completion are prohibited.
8. Cooperation. CONTRACTOR agrees to cooperate with DISTRICT's PROJECT
MANAGER or designee and to provide submittals and participate in meetings in a good faith effort
to complete the PROJECT. If disagreements arise, CONTRACTOR agrees to document the
disagreement in accordance with these AGREEMENT provisions and provide DISTRICT with
early notice of the same for later resolution but shall continue to cooperate and prosecute the
work to completion in a diligent manner. Nothing herein shall excuse CONTRACTOR's strict
compliance with Section 21 if additional time or money is sought.
9. CONTRACTOR's Independent Investigation.
(a) 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
AGREEMENT, 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 AGREEMENT 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
AGREEMENT, 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
Section 21 of this AGREEMENT.
(b) Except as specifically provided in the CONTRACT DOCUMENTS, information
HGSD 2016 CIP A-2 Agreement
provided for purposes of bidding do not represent "conditions indicated" as being in existence and
are provided for the convenience of the CONTRACTOR in making its own investigation.
LABOR, WAGE, AND HOURS LAWS
10. Public Work. Notice is provided pursuant to Labor Code Section 1781 that this is
a "public work" as defined in Chapter 1, Part 7, Division 2 of the Labor Code, to which Section
1771 applies. CONTRACTOR shall pay prevailing wages, unless exempt.
11. Contractor/Subcontractors Reo_istered. Contractor and all subcontractors are
registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5
and paid its annual fee.
12. Prevaillina Wane Rates. Pursuant to Labor Code Section 1773.2, copies of the
prevailing rate of per diem wages can be found at hftp://www.dir.ca.gov/OPRL/PWD/index.htm
and are on file at the DISTRICT, which shall be made available to any interested party upon
request. CONTRACTOR shall post a copy of the determination of the director of the prevailing
rate of per diem wages at each job site. 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 Section 1773.1 of the Labor Code.
13. Payroll Records/ Electronic Records.
(a) The provisions of Section 1776 of the Labor Code regarding the preparation,
maintenance, and filing of payroll records are applicable to this AGREEMENT. Each contractor
and subcontractor shall keep accurate payroll records 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, worker, or other employee
employed by him or her in connection with the public work. Certified payroll records shall be on
forms provided by the Division of Labor Standards Enforcement or contain the same information.
THE CONTRACTOR'S AND SUBCONTRACTOR'S PAYROLL RECORDS SHALL BE
SUBMITTED TO DISTRICT ON A WEEKLY BASIS. THE CONTRACTOR SHALL BE
RESPONSIBLE FOR SUBMITTAL OF SUBCONTRACTOR'S PAYROLL RECORDS.
Additionally, CONTRACTOR or subcontractor has 10 days in which to comply subsequent to
receipt of a written notice requesting the records enumerated in Section 1776, subdivision (a), of
the Labor Code. In the event that CONTRACTOR or subcontractor fails to comply within the 10-
day period, he or she shall, as a penalty to DISTRICT, forfeit One Hundred Dollars ($100.00) for
each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.
DISTRICT may deduct this penalty from any monies due or that may become due CONTRACTOR
under this AGREEMENT.
(b) Contractor shall submit electronic payment records to the Department of Industrial
Relations.
14. Penalty. CONTRACTOR and any subcontractor under CONTRACTOR shall, as
a penalty to DISTRICT, forfeit not more than Two Hundred Dollars ($200.00) for each calendar
day, or portion thereof, for each worker paid (either by CONTRACTOR or any subcontractor under
CONTRACTOR) less than the prevailing rate set forth herein on the work provided for in this
AGREEMENT. DISTRICT may deduct the penalty from any monies due or that may become due
CONTRACTOR under this AGREEMENT. The difference between the prevailing wage rates and
the amount paid to each worker for each calendar day, or portion thereof, for which each worker
was paid less than the prevailing wage rate shall also be paid to each worker by CONTRACTOR
HGSD 2016 CIP A-3 Agreement
or subcontractor, in accordance with Section 1775 of the Labor Code of the State of California.
16. 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.
16. Legal Day's Work. In the performance of this AGREEMENT, 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
Labor Code Section 1815. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections
1810 et seg.), 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 Twenty -Five Dollars ($25.00) for each worker
employed in the execution of this AGREEMENT by the CONTRACTOR or any subcontractor for
each calendar day during which any worker is required or permitted to labor more than eight (8)
hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said
article. DISTRICT may deduct this penalty from any sums owed pursuant to this AGREEMENT.
PROGRESS PAYMENTS AND RETENTION
18. Progress Payments. Pursuant to Public Contract Code Section 7201, prior to the
fifteenth (15th) day of the month next following the commencement of the work, there shall be
paid to CONTRACTOR a sum equal to ninety-five percent (95%) of the value of the work
completed since the commencement of the work as determined by DISTRICT and thereafter prior
to the fifteenth (15th) day of each successive month as the work progresses. CONTRACTOR
shall be paid such sum as will bring the payments up each month to ninety-five percent (95%) of
the value of the work completed since the commencement of the work as determined by
DISTRICT, less all previous payments and authorized deductions, provided that CONTRACTOR
submits his request for payment prior to the last Wednesday of each preceding month. Pursuant
to Public Contract Code 7107, DISTRICT shall make the final payment, if unencumbered, or any
part thereof unencumbered, within sixty (60) days after the date of completion. Notwithstanding
the foregoing, CONTRACTOR shall provide DISTRICT with all documentation required by this
AGREEMENT, including the Final Closeout Agreement and Release of All Claims, as well as any
other documents required by the CONTRACT DOCUMENTS such as as-builts, red -line plans,
manufacturers and specific guarantees, and owner's manuals prior to receiving final payment.
Payments shall be made on demands drawn in the manner required by law, accompanied by a
certificate signed by the Project Manager, stating that the work for which payment is demanded
has been performed in accordance with the terms of the AGREEMENT, and that the amount
stated in the certificate is due under the terms of the AGREEMENT. Partial payments on the
AGREEMENT price shall not be considered as an acceptance of any part of the work. Nothing
herein shall limit DISTRICT's right to withhold one hundred fifty percent (150%) of disputed
amounts in the event of a good faith dispute.
19. 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.
20. Retention Securities. Pursuant to California Public Contract Code Section
22300, CONTRACTOR will be entitled to post approved securities with the DISTRICT or an
approved financial institution in order to have the DISTRICT release funds retained by the
DISTRICT to insure performance of the AGREEMENT.
NGSD 2016 CIP A-4 Agreement
CHANGE ORDERS / EXTRA TAME / EXTRA WORK
21. Beaueat for Extra Time -or ,AddhiongI Comuensation. The following provisions
must be strictly complied with to obtain additional time to complete the job or to obtain additional
compensation:
(a) Reouest for Change Order - Additional Time. The CONTRACTOR shall promptly
notify the DISTRICT of any delay and shall, within ten (10) days from the beginning of any such
delay, notify the DISTRICT In writing of the cause of the delay, and the DISTRICT shall extend
the time for completing the work if in its judgment the cause so merits. The DISTRICT's
determination on this matter shall be final and conclusive on the parties hereto. CONTRACTOR
shall be required to submit a Request for Change Order, as set forth In this AGREEMENT, to the
DISTRICT'S PROJECT MANAGER within ten (10) days of the beginning of such a delay. No
adjustment shag be allowed for such delay unless there is strict compliance with this contractual
provision. CONTRACTOR's remedy shall be limited to the extra days granted and to any
damages that it may be entitled to using the formula agreed to by the parties for all damages as
provided in Section 22.
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(n Should CONTRACTOR clakn that the DISTRICT is demanding extra work
from it or consider any work demanded of it to be outside the requirements of this
AGREEMENT or if it considers any Instruction, ruling, or decision of the PROJECT
MANAGER to be unfair, he shall within ten (10) days after any such demand Is made, or
Instruction, ruling, or decision is given, file a written protest with the PROJECT MANAGER
stating clearly and in detail his objections and the reasons therefor. Except for such
protests and objections as are made of record, In the mariner and within the time above
stated, the CONTRACTOR shall be deemed to have waived, and does hereby waive, all
claims for extra work, damages, and extensions of time on account of demands,
instructions, rulings, and decisions of the District Engineer.
(ii) Should CONTRACTOR claim that additional compensation Is due it
because of an unforeseen condition, CONTRACTOR shall bring that to DISTRICT's
attention promptly and within ten (10) days and shall submit a written request for change
order within ten (10) days to DISTRICT.
(c) Request for Change Order w DISTRICT Foral to Be Used. DISTRICT's Request
for Change Order form, which Is attached hereto as part of this AGREEMENT, shall be the form
that must be submitted In a timely fashion for a request for either additional time or additional
compensation. By Initialing, the CONTRACTOR specifically agrees to use said form for those
purposes and understands that, if he does not submit that form in a timely manner, he waives the
right to request additional time or compensation. No oral modifications or other forms of
communication shall be accepted as compliance with this provision. The written request for
change order requirement cannot be waived_ /I
Contractor's Initial
(d) ghan Or er. Should DISTRICT agree that a change order Is anted for
either additional time or compensation, a written change order shag be executed. if DISTRICT
does not agree to the change order, and CONTRACTOR has provided timely notices and
submitted its written request for change order In a timely manner and on the proper form,
HOW 2016 CIP A-5 Agreement
CONTRACTOR will have preserved the issue for later resolution in compliance with other
procedures set forth In this AGREEMENT or as the law may otherwise allow.
Orders: (e) Qbang§ Qrder AuthoftThe following authority is given to approve Change
p) Change Orders fpr Extra Time. The District Manager shall have the
authority to grant extra days without limit.
(0) Change Orders f2r Extra Compensation. The District Manager shall have
the authority to make change orders up to an aggregate amount of Ten Percent (10%) of
the original contract amount or Fifteen Thousand Dollars ($15,000), whichever is greater.
22. Damaaea I Extra Work,Compensar, tion. The parties have agreed to modify the
formula for damages set forth In the Standard Specifications for Public Works Construction. The
parties agree that the following damage formula shall be used to measure all of CONTRACTOR's
damages or extra work required by this PROJECT. CONTRACTOR shall be limited to the
following:
Direct costs
Labor 20%
Materials 15%
Equipment Rental 15%
Other items 15%
Subcontracted work 10% (first $6,000)
Subcontracted work 5% (work in excess of first $6,000)
Specialty Subcontracting
(required by extra work) 5% (Provided at least three (3)
competitive bids are obtained
and CONTRACTOR selected
the lowest bidder)
Excluded from recovery shall be so-called "Eichieay damages,° including, but not limited
to, home office overhead, insurance and bonding costs, lost bonding capacity, lost profits, and
lost interest
CONTRACTOR acknowledges that his recovery for damages or extra work is limited as
provided In this Section.
Contractor's lniti
SUBCONTRACTING
23. SubccLntractln9. CONTRACTOR acknowledges that he or she is aware of the
provisions of the "Subletting and Subcontracting Fair Practices Act" (Public Contract Code
Sections 4100 at=.) and 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, certified copies of any or all subcontracts shall be furnished to
DISTRICT. The subcontracting of any or all of the work to be done will In no way relieve
CONTRACTOR of any part of his responsibility under the AGREEMENT. Pursuant to Public
HGSD 2016 CIP A-6 Agreement
Contract Code Section 4110, CONTRACTOR's violation of any of the provisions of the Subletting
and Subcontracting Fair Practices Act violates this AGREEMENT, and DISTRICT may cancel this
AGREEMENT or assess CONTRACTOR a penalty of not more than 10 percent (10%) of the
subcontract involved. DISTRICT may deduct this penalty from any monies due or that may
become due to CONTRACTOR for work performed under this AGREEMENT.
All persons engaged in the work, including subcontractors, will be considered as
employees of CONTRACTOR. CONTRACTOR will be held responsible for their work. DISTRICT
will deal directly with and make all payments to CONTRACTOR.
STOP NOTICES
24. Additional Costs. Pursuant to Civil Code Section 9358, upon receipt of a stop
notice, DISTRICT shall withhold from payment to CONTRACTOR sufficient funds due, or to
become due, to pay the claim stated in the stop notice and provide for DISTRICT's reasonable
costs of litigation. One hundred twenty-five percent (125%) of the amount of the claim stated in
the stop notice shall be a reasonable amount to withhold. In addition to the remedies authorized
by law, CONTRACTOR shall reimburse DISTRICT for administrative expenses incurred in
processing Notices to Withhold, Stop Notices, or similar legal documents arising out of a failure
of CONTRACTOR to pay for labor or materials. Said obligation shall be provided for in
CONTRACTOR's payment bond. DISTRICT shall have the right to deduct any such expenses
from amounts due or to become due to CONTRACTOR under this AGREEMENT.
COMPLETION
25. CONTRACTOR'S Waiver. CONTRACTOR agrees to execute a Final Close Out
Agreement and Release of All Claims on DISTRICT's form (attached). The execution by
CONTRACTOR of the Final Close Out Agreement and Release of All Claims shall constitute a
waiver of all claims against DISTRICT under or arising out of this AGREEMENT unless otherwise
stated in said document.
26. Guarantees. 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. 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 therefor immediately on demand. This guarantee shall be in
addition to any manufacturer or specific guarantees that may be required. CONTRACTOR shall
provide those manufacturer and specific guarantees before CONTRACTOR may claim
entitlement to final payment.
INDEMNIFICATION
27. Indemnity. CONTRACTOR shall indemnify, defend with legal counsel approved
by DISTRICT, and hold harmless DISTRICT, and its officers, officials, employees, and volunteers,
from and against all liability, loss, damage, expense, and cost (including without limitation
reasonable legal counsel fees, expert fees, and all other costs and fees of litigation) of every
nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful
HGSD 2016 CIP A-7 Agreement
misconduct in the performance of work hereunder, or its failure to comply with any of its
obligations contained in this AGREEMENT, except such loss or damage which is caused by the
sole or active negligence or willful misconduct of the DISTRICT. Should conflict of interest
principles preclude a single legal counsel from representing both DISTRICT and CONTRACTOR,
or should DISTRICT otherwise find CONTRACTOR's legal counsel unacceptable, then
CONTRACTOR shall reimburse the DISTRICT its costs of defense, including without limitation
reasonable legal counsel fees, expert fees, and all other costs and fees of litigation. The
CONTRACTOR shall promptly pay any final judgment rendered against the DISTRICT and its
officers, officials, employees, and volunteers with respect to claims determined by a trier of fact
to have been the result of the CONTRACTOR's negligent, reckless or wrongful performance. It
is expressly understood and agreed that the foregoing provisions are intended to be as broad and
inclusive as is permitted by the law of the State of California and will survive termination of this
AGREEMENT.
CONTRACTOR's obligations under this Section apply regardless of whether or not such
claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment,
civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However,
without affecting the rights of DISTRICT under any provision of this AGREEMENT,
CONTRACTOR shall not be required to indemnify and hold harmless DISTRICT for liability
attributable to the active negligence of DISTRICT, provided such active negligence is determined
by agreement between the parties or by the findings of a court of competent jurisdiction. In
instances where DISTRICT is shown to have been actively negligent and where DISTRICT's
active negligence accounts for only a percentage of the liability involved, the obligation of
CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active
negligence of DISTRICT.
Notwithstanding any limits provided for indemnification, CONTRACTOR's duty to defend
is broader. CONTRACTOR agrees to provide DISTRICT with a defense, with counsel reasonably
acceptable to DISTRICT, or pay DISTRICT's costs of defense upon service of any complaint,
petition or other pleading that requires DISTRICT to defend itself in any proceeding arising out of
the work described in this AGREEMENT. Said obligation shall not extend to disputes between
CONTRACTOR and DISTRICT.
INSURANCE
28. Insurance. Without limiting CONTRACTOR's indemnification of DISTRICT, and
prior to commencement of work, CONTRACTOR shall obtain, provide, and maintain at its own
expense during the term of this AGREEMENT policies of insurance of the types and amounts
described below and in a form satisfactory to DISTRICT.
General liability insurance. CONTRACTOR shall maintain commercial general liability
insurance with coverage at least as broad as Insurance Services Office Form CG 00 01, in an
amount not less than $1,000,000.00 per occurrence, $2,000,000.00 general aggregate, for bodily
injury, personal injury, and property damage, including, without limitation, blanket contractual
liability, and a $2,000,000.00 completed operations aggregate.
Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at
least as broad as Insurance Services Office Form CA 00 01 covering bodily injury and property
damage for all activities of the CONTRACTOR arising out of or in connection with work to be
performed under this AGREEMENT, including coverage for any owned, hired, non -owned, or
rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident.
HGSD 2016 CIP A-8 Agreement
Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an
umbrella or excess liability insurance policy with limits of not less than $4,000,000.00 that will
provide bodily injury, personal injury, and property damage liability coverage at least as broad as
the primary coverages set forth above, including commercial general liability and employer's
liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond in the event that any primary insurance
that would otherwise have applied proves to be uncollectable in whole or in part for any
reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
• Insureds under primary policies shall also be insureds under the umbrella or excess
policies.
Workers' compensation insurance. CONTRACTOR shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at
least $1,000,000.00) for CONTRACTOR's employees in accordance with the laws of the State of
California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability
Insurance in accordance with the laws of the State of California, Section 3700 of the Labor Code,
for all of the subcontractor's employees.
CONTRACTOR shall submit to DISTRICT, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of DISTRICT and its officers, agents, employees,
and volunteers.
Builder's risk insurance. Upon commencement of construction and with approval of
CITY, CONTRACTOR shall obtain and maintain builder's risk insurance as specified below.
The named insureds shall be CONTRACTOR, all subcontractors (excluding those solely
responsible for design work) of any tier, suppliers, and CITY and its officers, officials, employees,
and agents. CONTRACTOR shall not be required to maintain property insurance for any portion
of the PROJECT following transfer of control thereof to CITY.
Policy shall be provided for replacement value on an "all risk" basis. There shall be no
coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any
ensuing loss from faulty workmanship, nonconforming work, or omission or deficiency in design
or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage
for removal of debris and insuring the buildings, structures, machinery, equipment, materials,
facilities, fixtures, and all other properties constituting a part of the PROJECT; (4) transit coverage,
including ocean marine coverage (unless insured by the supplier), with sub -limits sufficient to
insure the full replacement value of any key equipment item; and (5) coverage with sub -limits
sufficient to insure the full replacement value of any property or equipment stored either on or off
the site. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and
sub -limits.
Proof of insurance. CONTRACTOR shall provide certificates of insurance to DISTRICT
as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers' compensation. Insurance certificates and endorsement must be
HGSD 2016 CIP A-9 Agreement
approved by DISTRICT's risk manager prior to commencement of performance. Current
certification of insurance shall be kept on file with DISTRICT at all times during the term of this
AGREEMENT. DISTRICT reserves the right to require complete, certified copies of all required
insurance policies at any time.
Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the
AGREEMENT insurance against claims for injuries to persons or damages to property, which may
arise from or in connection with the performance of the work hereunder by CONTRACTOR or his
agents, representatives, employees, or subcontractors. CONTRACTOR must maintain general
liability and umbrella or excess liability insurance for as long as there is a statutory exposure to
completed operations claims. DISTRICT and its officers, officials, employees, and agents shall
continue as additional insureds under such policies.
DISTRICT's rights of enforcement. In the event any policy of insurance required under
this AGREEMENT does not comply with these requirements or is canceled and not replaced,
DISTRICT has the right but not the duty to obtain the insurance it deems necessary, and any
premium paid by DISTRICT will be promptly reimbursed by CONTRACTOR or DISTRICT will
withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative,
DISTRICT may cancel this AGREEMENT.
Acceptable insurers. All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance in the State
of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category
Class V11 (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless
otherwise approved by the DISTRICT's Counsel.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this
AGREEMENT shall be endorsed to waive subrogation against DISTRICT and its elected or
appointed officers, agents, officials, employees, and volunteers or shall specifically allow
CONTRACTOR or others providing insurance evidence in compliance with these specifications
to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of
recovery against DISTRICT and shall require similar written express waivers and insurance
clauses from each of its subconsultants.
Enforcement of AGREEMENT provisions (non estoppel). CONTRACTOR
acknowledges and agrees that any actual or alleged failure on the part of the DISTRICT to inform
CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the
DISTRICT, nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or other requirements,
or a waiver of any coverage normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a
waiver of any type.
Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker
and insurers to provide DISTRICT with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
HGSD 2016 CIP A-10 Agreement
Additional insured status. General liability policies shall provide or be endorsed to
provide that DISTRICT and its officers, officials, employees, and agents shall be additional
insureds under such policies. This provision shall also apply to any excess liability policies.
DISTRICT's right to revise requirements. The DISTRICT reserves the right, at any time
during the term of the AGREEMENT, to change the amounts and types of insurance required by
giving the CONTRACTOR a ninety (90)-day advance wrjtten notice of such change. If such
change results in substantial additional cost to the CONTRACTOR, the DISTRICT and
CONTRACTOR may renegotiate CONTRACTOR's compensation.
Self -insured retentions. Any self -insured retentions must be declared to and approved
by DISTRICT. DISTRICT reserves the right to require that self -insured retentions be eliminated,
lowered or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by DISTRICT.
Timely notice of claims. CONTRACTOR shall give DISTRICT prompt and timely notice
of claims made or suits instituted that arise out of or result from CONTRACTOR's performance
under this AGREEMENT, and that involve or may involve coverage under any of the required
liability policies.
Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost
and expense, any additional kinds of insurance which in his/her/its own judgment may be
necessary for its proper protection and prosecution of the work.
29. Workers' Compensation.
A. 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 AGREEMENT, hereby certifies:
"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 AGREEMENT."
B. CONTRACTOR acknowledges that it is unlawful and a crime to intentionally make
false statements about employees that misclassify their job duties to obtain lesser premium costs
or for other improper purposes. CONTRACTOR agrees that if it makes false statements about
its employees for the purpose of obtaining lower workers' compensation premiums or for other
unlawful purposes, it shall be considered a material breach of this AGREEMENT.
30. Bonds. Within the time period set forth in the CONTRACT DOCUMENTS and
prior to commencing the work on the PROJECT, the CONTRACTOR shall file with the DISTRICT
a good and sufficient labor and material payment bond (Payment Bond) and a performance bond
(Performance Bond) in the amount of one hundred percent (100%) of the Contract Sum covering
performance of the work other than the professional design services portion of the work. The
Performance Bond and Payment Bond shall be in the fomn required by the CONTRACT
DOCUMENTS. The amounts of the Payment Bond and Performance Bond shall be increased
as, when, and in the amount of any Change Orders that are executed increasing the Contract
Sum, the CONTRACTOR shall, upon request by the DISTRICT, provide evidence of such
increases. Should the Payment Bond or Performance Bond or any Surety on such bond become
HGSD 2016 CIP A-11 Agreement
or be determined by the DISTRICT to be insufficient, it shall be replaced within ten (10) days by
a bond that fully complies with the requirements of this Section. No further payments to the
CONTRACTOR for the work performed shall be made or due until the CONTRACTOR has fully
complied with the requirements of this Section.
Duration. The Payment Bond shall remain in effect until acceptance of the work by the
DISTRICT and payment of all stop notices and claims by the CONTRACTOR or the
subcontractors, of any tier, have been satisfied. The Performance Bond shall remain in effect
and assure faithful performance of all the CONTRACTOR's obligations under the CONTRACT
DOCUMENTS, including, without limitation, all obligations that survive final completion or
termination, such as, but not limited to, CONTRACTOR's warranty, commissioning, and indemnity
obligations.
Surety. At the time the AGREEMENT is signed, and at all times thereafter until final
payment has been made by the DISTRICT, the Surety on the Payment Bond shall be an Admitted
Surety, and the Surety on the Performance Bond shall be a licensed Surety in good standing with
the California Department of Insurance and have an A.M. Best's Insurance Rating of not less than
A-: VI.
Premiums. The premiums for all bonds are included in the Contract Sum and shall be
paid by the CONTRACTOR.
Obligee. The Payment Bond and Performance Bond shall each name the DISTRICT as
obligee. All bonds purchased by the subcontractors shall name the CONTRACTOR and the
DISTRICT as dual obligees.
No exoneration. Changes, Change Orders, Unilateral Change Orders, Field Orders,
modifications, and adjustments to the Contract Sum or completion date shall in no way release
or exonerate the CONTRACTOR or its Surety from their obligations, and notice thereof shall be
waived by the Surety. The foregoing provision shall be included in the terms of the Payment
Bond, Performance Bond, and any bonds obtained by the subcontractors.
Communications. The DISTRICT shall have the right to communicate with the
CONTRACTOR's Sureties with respect to matters that are related to the CONTRACTOR's
performance of its obligations under the CONTRACT DOCUMENTS. CONTRACTOR shall be
provided with a copy of all such written communications. Such communications shall not create,
or be interpreted as creating, any contractual relationship between the DISTRICT and the Surety.
No limitation. The requirements of this Section pertaining to the Performance Bond and
the Payment Bond shall be without limitation to any other obligations the CONTRACTOR may
have under applicable law to provide bonding for the benefit of and to assure payment to the
subcontractors or subconsultants, performing the work for the PROJECT.
TERMINATION
31. Termination.
A- If CONTRACTOR should fail to comply with any of the provisions hereof, 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 AGREEMENT in whole or
HGSD 2016 CIP A-1 2 Agreement
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 prejudice to any other right or remedy it
may have, to provide such materials and labor, or make good such deficiencies as DISTRICT
may deem expedient after three (3) day notice 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 due or that may become
due CONTRACTOR.
C. 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 part at its convenience. In such event DISTRICT shall compensate CONTRACTOR, subject
to deduction for previous payments and authorized deductions, by: (i) reimbursing
CONTRACTOR for all actual expenditures and costs incurred in performing under this
AGREEMENT, (ii) 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 AGREEMENT, and (iii) paying CONTRACTOR
as a profit, insofar as a profit is realized hereunder, an amount equal to the profit on the entire
AGREEMENT 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
AGREEMENT price less payments previously made and less the AGREEMENT price of work not
terminated. Upon receipt of any notice of 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 AGREEMENT, (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 AGREEMENT.
CLAIM RESOLUTION
32. Resolution of Claims. For all claims that are Three Hundred Seventy -Five
Thousand Dollars ($375,000.00) or less, the provisions of Public Contracts Code Sections 20104
et seg. (Article 1.5 - Resolution of Construction Claims) shall be followed. For claims for money
or time submitted pursuant to Public Contract Code 9204, the provisions of that section shall apply
and a meet and confer process, followed by nonbinding mediation, shall occur.
33. Notice to Contractor of Claims. DISTRICT shall provide notice to
CONTRACTOR upon receipt of any third -party claim related to the AGREEMENT.
CONTRACT DOCUMENTS AND INTERPRETATION
34. (a) Other Documents Included. It is further agreed by the parties hereto that the
following documents are incorporated herein by reference and are to be read and construed
together as the full, complete, and integrated terms of this AGREEMENT and, collectively with
this AGREEMENT, may be referred to as the CONTRACT DOCUMENTS:
A. Notice Inviting Bids
B. Instructions to Bidders
C. Proposal
HGSD 2016 CIP A-1 3
Agreement
D. Scope of Work
E. District Request for Change Order/Change Order
F. Notice to Proceed
G. Labor and Materials Bond
H. Performance Bond
1. Final Closeout Agreement
J. Plan Drawings (#324 Brick Manhole Rehabilitation --Phase 3)
K. General Conditions
L. Special Conditions
M. General Requirements
(b) Interpretation of Incorporated Documents. In the event of any conflict,
inconsistency or incongruity between the provisions of this AGREEMENT and the
provisions of any document listed in Subsection (a) above, the provisions of this
AGREEMENT shall prevail unless a contrary intent is shown. This AGREEMENT
shall be interpreted as though it had been drafted by the DISTRICT and the
CONTRACTOR equally. This AGREEMENT shall be interpreted according to the
laws of the State of California.
35. Integration/No Oral Modifications. This AGREEMENT integrates all
understandings of the parties. Any amendment to this AGREEMENT must be made in writing
and signed by the parties with legal authority to execute the same. CONTRACTOR is aware that
DISTRICT is a special district and that, pursuant to Health and Safety Code Section 6487, contract
amendments may only be entered into by compliance with those formalities. Notwithstanding the
above, requests for additional time or compensation may be made by following the procedures
provided for in this AGREEMENT.
36. Effect of invalidity. The invalidity in whole or in part of any provisions hereof shall
not affect the validity of any other provision.
MISCELLANEOUS
37. 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].
38. Equal 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).
39. Drug -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
HGSD 2016 CIP A-14 Agreement
violation of such prohibition;
(b) Establishing 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; and
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 Subsection (a);
(d) Notifying employees in the statement required by Subsection (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 criminal drug
statute occurring in the workplace no later than five (5) calendar days after
such conviction.
(e) Notifying DISTRICT in writing within ten (10) calendar days after receiving notice
under Subsection (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 Subsection (d)(2), with respect to any employee who is so convicted:
1. 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.
(g) Making a good faith effort to continue to maintain a drug -free workplace through
implementation of Sections (a), (b), (c), (d), (e), and (f).
40. Permits. The CONTRACTOR shall obtain from the DISTRICT, County, City,
State, or other responsible public agencies all licenses and permits, and pay all fees related
thereto, necessary to complete the job.
41. Assignment. No assignment by the CONTRACTOR of this AGREEMENT 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.
42. 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.
NGSD 2016 CIP A-15 Agreement
43. Utility Location. DISTRICT acknowledges its responsibilities with respect to
locating facilities pursuant to California Government Code Section 4215.
44. Trenching. If this AGREEMENT involves digging trenches or other excavations
that extend deeper than four (4) feet below the surface, CONTRACTOR shall promptly, and
before the following conditions are disturbed, notify the DISTRICT in writing, of any:
(a) Material that the CONTRACTOR believes may be material that is hazardous
waste, as defined in Section 25117 of the Health and Safety Code, that is required
to be removed to a Class 1, Class 11 or Class III disposal site in accordance with
provisions of existing law.
(b) Subsurface or latent physical conditions at the site differing from those indicated.
(c) Unknown physical conditions at the site of any unusual nature, different materially
from those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the AGREEMENT.
The DISTRICT shall promptly investigate the conditions, and if it finds that the conditions
do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the
CONTRACTOR's cost of, or the time required for, performance of any part of the work shall issue
a change order in accordance with the procedures described in this AGREEMENT.
In the event that a dispute arises between the DISTRICT and the CONTRACTOR as to
whether the conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in the CONTRACTOR's cost of, or time required for, performance of any part of the work,
the CONTRACTOR shall not be excused from any scheduled completion date provided for by the
AGREEMENT but shall proceed with all work to be performed under the AGREEMENT. The
CONTRACTOR shall retain any and all rights provided either by this AGREEMENT or by law
which pertain to the resolution of disputes and protests between the contracting parties provided
that CONTRACTOR complies with Section 21 when asserting such claim.
46. 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
290 Paularino Avenue
Costa Mesa, CA 92626
CONTRACTOR: Sancon Technologies, Inc.
5841 Engineer Drive,
Huntington Beach, CA 92649
46. 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 AGREEMENT or securing favorable treatment
HGSD 2016 CIP A-16 Agreement
DocuSign Envelope ID: 1224F1 83-4166-42FC-9870-2A55F26BF1 13
IN WITNESS WHEREOF, the parties hereto have entered into this AGREEMENT the date
and year first above written.
ATTEST:
Doc Si db
1 41
District Clerk/Public Information Office
APPROVED AS TO FORM:
District Counsel
COSTA MESA SANITARY DISTRICT:
General Manager C'
CONTRACTOR: Sancon Technologies, Inc.
Title: President
Print Name: Charles Parsons
Sancon Technologies, Inc,
5841 Engineer Drive,
Huntington Beach, CA 92649
HGSD 2016 CIP A-18 Agreement
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
STATE OF CALIFORNIA)' (INDIVIDUAL)/(CORPORATION)
ss.
COUNTY OF Orange
On December 28, 2021 , before me, the undersigned, a Notary Public in and for said state,
personally appeared Charles Persons who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed
to the within instrument and acknowledged to me that helshe/they executed the same in
his/her/their authorized capacity(ies), and that by his/heritheir signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Notary Public)
HGSD 2016 CIP A-1 9 Agreement
FAITHFUL PERFORMANCE BOND
PAGE 1
Bond No. 7306256
COSTA MESA SANITARY DISTRICT
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, COSTA MESA SANITARY DISTRICT (DISTRICT), a California
Sanitary District, has on awarded to
(Name and Address of Contractor)
Sancon Technologies, Inc.
5841 Engineer Dr.
Hunfington Beach, CA 92649
hereinafter designated as the "PRINCIPAL," an AGREEMENT for the work described as follows:
#324 Sewer Manhole Rehab - Phase 3 Said AGREEMENT is
fully incorporated herein by reference.
WHEREAS, the said PRINCIPAL. is required under the terms of said AGREEMENT to
furnish a bond for the faithful performance of said AGREEMENT.
NOW, THEREFORE, WE, the undersigned CONTRACTOR, as PRINCIPAL, and
(Name and Address of Surety)
Old Republic Surety Company
14728 Pipeline Ave., Suite E
Chino Hills, CA 91709
hereinafter designated as the "SURETY," duly authorized to transact business under the laws of
the Slate of Califomia, as SURETY Ld rgndd;Vnly bound unto the Costa Mesa Sanitary
District, in the penal sum of: ($ 9%478.Oo ), said sum being not
less than one hundred percent (10700,4) of the estimated amount payable under the terms of the
AGREEMENT for which payment well and truly be made, we bind ourselves and our heirs,
executors and administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above burdened
PRINCIPAL, his/her/its heirs, executors, administrators, successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform all the undertakings, terms,
covenants, conditions, and agreements in the said AGREEMENT and any alteration thereof
made as therein provided, on his or their part, to be kept and performed, at the time and in the
manner therein specified, and in all respects according to their true intent and meaning, and
shall indemnify and save harmless the Costa Mesa Sanitary District, its officers, and its agents,
as therein stipulated, then this obligation shalt become null and void, otherwise it shall be and
remain in full force and virtue.
FAITHFUL PERFORMANCE BOND
PAGE 2
Bond No. 73=-%
In case suit is brought upon this bond, SURETY further agrees to pay all court costs and
reasonable attorney's fees as fixed by the court.
And the said SURETY, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or addition to the terms of the AGREEMENT or to the work to be
performed thereunder or the specifications accompanying the same shall in any way affect its
obligations on this bond, and it does hereby waive notice of any such change, extension of time,
alteration, or addition to the terns of the AGREEMENT or to the work or to the specifications.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 29th
day of Deowrdw 2021
CONTRACTOR Sancon Technologies, Inc.
ADDRESS 5MI Engineer Dr.,
Huntington Beech, CA 92649
PRINCIPAL
By:
Company Representative
In accordance with the AGREEMENT, all bonds shall have been issued by an admitted
surety insurer, and the DISTRICT reserves the right to object to any such surety, in accordance
with Code of Civil Procedure Section 995.660.
By signing below, SURETY certifies that the bonds are issued by admitted surety.
SURETY Oki Republic surety company
Nam.
By:
C6nVfny epresentative
Scott Salandi, Attorney -in -fact
APPROVED AS TO FORM:
District Counsel
Costa Mesa Sanitary District
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of Califomia
County of Orange
On h e6ei* ,rrr/ u before me, Annette Lisa Romero, a Notary Public
(insert name and We of the officer)
personally appeared Scott Salandi, Attorney -in -Fact
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(x) is/anx
subscribed to the within instrument and acknowledged to me that he/mks" executed the same in
his/l*xfteir authorized capacity(i*, and that by his/6teAheir signature(t) on the instrument the
person(a), or the entity upon behalf of which the person(z) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
ANNE UE LISA ROMERO
�+ g
WITNESS my hand and official seal. � COMM. # 2244076
3 NOTARY SAM CALIFORNIA
ORANGE COUNTY
hlymmewmMay.26.2M
Signature
(Seat)
CALIFORNIA ACKNOWLEDGMENT CIVIL_ CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On December 29, 2021 before me, Kelly Williams - Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Charles Parsons _. —
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the Instrument.
KELLY WILLIAMS
.. Notary Public • California
Orv" County
Commisslon # 2354100
µy Comm. Expires Apt 10, 2025
Place Notary Seal ond/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Faithful Performance Bond
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
si ner's Name: Charles Parsons
Corporate Officer — Title(s): President
❑ Partner — ❑ Limited ❑ General
o Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
11 2019 National Notary Association
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
O Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
PAYMENT BOND
PAGE I
Bond No. 7306256
COSTA MESA SANITARY DISTRICT
PAYMENT BOND
(LABOR AND MATERIAL BOND)
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, the COSTA MESA SANITARY DISTRICT, a municipal corporation,
by minute order of the Board of Directors, adopted on has awarded to
CONTRACTOR
(NAME AND ADDRESS OF CONTRACTOR)
Sancon Technologies, Inc., 5841 Engineer Dr., Huntington Beach, CA 92649
Hereinafter designated as the "Principal", a contract for the work described as follows:
#324 Sewer Manhole Rehab - Phase 3
WHEREAS, said Principal is required by the provisions of said contract and of the Civil
Code to furnish a bond in connection with said contract, as hereinafter set forth.
NOW, THEREFORE, WE, the undersigned CONTRACTOR, as Principal and
Old Republic Surety Company, 14728 Pipeline Ave., Suite E, Chino Hills, CA 91709
(Name and Address of Surety)
Duly authorized to transact business under the laws of the State of California, as Surety, are
held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of XXX and
said sum being set per Civil Code Section 9554 at one hundred
{-1000/6) percent of the estimated amount payable under the terms of the contract for which
payment well and truly be made, we bind ourselves, our heirs, executors and administrators,
successors and assigns, jointly and severally, firmly by these presents.
*ninety six thousand four hundred seventy eight and 00100-----$96,478.00
THE CONDITION OF THIS OBLIGATION IS SUCH that, if said Principal or his
subcontractors, or the heirs, executors, administrators, successors or assigns thereof, shall fall
to pay any of the persons named in Section 9100 of the Civil Code of the State of California for
any materials, provisions, provender or other supplies used in, upon, for or about the
performance of the work contracted to be done, or for any work or labor performed by any such
claimant or any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of the CONTRACTOR and his
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect
to such work and labor, then said Surety will pay for the some, in an amount not exceeding the
sum set forth hereinabove, and in addition, in case suit is brought upon the bond, will pay a
reasonable attomey's fee to be fixed by the court. This bond shall inure to the benefit of any
and all persons named in the aforesaid Civil Code Section 9100 so as to give a right of action to
them or their assigns in any suit brought upon the bond.
PAYMENT BOND
PAGE 2
BoW No. 7306256
Further, the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or modification of the contract documents or of the work to
be performed thereunder shall in any way affect its obligation on this bond; and it hereby waives
notice of any and all such changes, extensions of time, and alterations or modifications of the
contract documents andfor of the work to be performed thereunder.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 29th
day of December ,20M. 21
Sancon Technologies, Inc.
Contractor Name
5841 Engineer Dr.
Street Address
Hung000n Raach, CA 92649
City, State, Zip Code
PRINCI
By:
Company Representative
In acoordance with the Contract for #324 Sewer Manhole Rehab - Phase 3
. all bonds shall be issued by an admitted surety
insurer and the DISTRICT reserves the right to object to any such surety, in accordance with
Cade of Civil Procedure Section 995.660.
By signing below, Surety certifies that the bonds are Issued by an admitted surety.
Old Republic Surety Company
Name
14728 Pipeline Ave.. Suite E
Street Address
f'-h*nn ki ft CA 4J
City, State, Zip Code
SURETY Old R Surety Company
By:
Company Representative
Scott 5aiandi, Attorney -in -fact
APPROVED AS TO FORM:
Alan R. Bums, District Counsel
Costa Mesa Sanitary District
By lsr
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On Z1' before me, AnLisa Romero, a Notary Public
Ap
(insert name and title of the officer)
personally appeared Scott Salandi, Attorney -in -Fact
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is/am
subscribed to the within instrument and acknowledged to me that he/she" executed the same in
his/kox4hok authorized capacity(i*, and that by his1%eW lair signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
ANNETTE LISA ROMERO
WITNESS my hand and official seal. ? COMM. # 2244076
NOTARY PUBLIC CALIFORNIA
3 ORANGE COUNTY N
My cam axp M May. 26, 2M
Signature
(Seal)
* �Ir
* OLD REPUBLIC SURETY COMPANY
* POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
appoint:
SCOTT SAiANDI, DAVID JACOBSON. OF IRVINE. CA
its true and lawful Attortey(s)-in-Fact, with full power and authority, for and on behalf of the company as surety, to execute and deliverand affix the
seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank
depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers
compensation bonds guaranteeing payment of benefits or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and
sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on
February 18, 1982.
RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizartces, and suretyship obligations of all kinds; and said officers may remove
any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be rquired) by any secretary or assistant
secretary; or
(H) when signed by the president, any vitae president or assistant vice president, secretary or assistant secretary, and countersigned andsealed (if a seal be
required) by a duly authorized attorney -in -fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits ofthe authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER, that the signature of any authorized offer and the seal of the company may be affixed by facsimile to any Power of Attorney or
ce tifxation there of authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused time presents to be signed by its proper officer, and its corporate seal to be
affixed this 5TN a �Y of NOVEMBER, 2021.
STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS
OLD REPUBLIC SURETY COMPANY
•��/M�ata �a
SEAL r
����� � President
On this STH __ __._ _ day of NOVEMBER, 2021 personally came before me,
_ Alan Pavlic _ _. .yy and
Karen J Haffner , to me known to be the individuals and officer: of the OLD REPUBLIC SURETY COMPANY who executed the above
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the
corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers
were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation_
�0F},
Notary Pt"c
My commission expires: 9/2812022
CERTIFICATE
(Expiration of notary commission does not invalidate this Instrument)
I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power
of Attorney remains in full force mid has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in
force.
74-0043 , '4
x tuft
'L.`
f
i` son
PATRIOT RISI? tdc INS SERV LLC
Signed and sealed at the City of Brookftekf, WI this day of -JDGr ' •
Assistant Secretary
22851-gyp POAORS 102M
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 11813,
Anotary public mother officer completing this certificate verifies onlythe identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On December 29 2021
Date
before me, - Kelly Williams - Notary Public
personally appeared Qha-rte5-Fars.oln-s-
Here Insert Name and Title of the Officer
^mme(s)n/signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
tothe within instrument and acknowledged oomethat he/she/theyexecuted the same inms/her/me|r
authorized capacity(ies), and that by his/her/theii signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
KELLY WILLIAMS
Notary Public - California
Orange County
Commission # 2354100 25J
R4 My Comm. Expires Apr, 10, 20
1 , 04_ :
Place Notary Seat andlor Stomp Above
| certify under PENALTY DFPERJURY under the
laws ofthe State ofCalifornia that the foregoing
paragnap[iistrue and correct.
WITNESS my hand and official seal.
Signam
Signature of Notary Public
----- ------ ------------- OPTIONAL -------- -
-
Completing this information can deter alteration o/the document or
froudulenrreattachment ofthis form to an unintended document.
Description uYAttached Document
Title o, Type of Document: Payment Bond
(Labor and Material
Document Date:
Signer(s) Other Than Named Above:
Capocity0es Claimed bySigne,(s)
Signer's Name: Charles Parsons
XCorporateOffice,-Tide(s). Pf
opanner- o Limited oGenera|
o Individual o Attorney inFact
oTmstee oGuardian ovConservator
oOxher
Signer is Representing:
2019 National Notary Association
Number of Pages:
Signer's Name:
oCorporate Officer- TNe(s}:
oPartner- o Limited oGenena|
omdivmum oAttorney inFact
o Trustee o Guardian orConservator
0 Other:
Signer |aRepresenting:
COSTA MESA SANITARY DISTRICT
ORANGE COUNTY, CALIFORNIA
BRICK. MANHOLE REHABILITATION PHASE 3
Project No. 324, PHASE 3
Name of Bidder: 'S4rJ( ty 1 Pc e, tVl1G N S it 44G
Address: T q1 r-4�W. :X14� 0Wk10J 1`
_ PhoneNo.:7�y�$!'1 -2�2
TO THE BOARD OF DIRECTORS
- COSTA MESA SANITARY DISTRICT:
Pursuant to and in compliance with the Notice Inviting Sealed Proposals (Bids) and the other documents relating
thereto, the undersigned bidder has carefully examined and is completely familiar with the plans, specifications,
and contract documents including the local conditions affecting the performance of the contract, the character,
quality, quantities, and scope of the work, and the materials to be furnished as to the requirements of the
specifications and the contract.
If awarded the contract, the undersigned bidder hereby proposes and agrees to perform within the time stipulated
in the contract, including all of its component parts and everything required to be perfonned, and to furnish any
and all of the labor, material, tools, equipment, transportation, services, permits, utilities, and all other items
necessary to perform the contract and complete in a workmanlike manner, all of the work required in connection
with the construction of said work all in strict conformity with the plans and specifications and other contract
_. documents, including addenda Nos.:_ ~ , ,_, and , on file in the District office for the
prices hereinafter set forth. /
The undersigned as bidder, declares that the only persons or parties interested in this proposal as principals are
"- those named herein; that this proposal is made without collusion with any person, firm, or corporation; and he
proposes and agrees, if the proposal is accepted, that he will execute a contract with the District in the form set
forth in the contract documents and that he will accept in full payment thereof the following prices, to wit:
CMSD Project No. 324 Phase 3 Bid Proposal Form - 1 of 12
CMSD SERVER PROJECT NO, 324
SCHEDULE OF WORK ITEMS
BRICK. MANHOLE REABILITATION PHASE 3
BID I
APPROX.
DESCRIPTION
UNIT
TOTAL
ITEM
QI;AINTIT1
PRICE
AMOUNT
1
Lump Sum
Bonds, Insurance, and Permits: Work under this item includes
incurred for bonds,
Lump
any costs securing insurance permits and
S
financing for construction work.
Sum
Mobilization, Demobilization and Cleanup: Work under this
item shall include preparatory and cleanup operations
including, but not limited to, those necessary for the movement
of personnel, equipment, materials, and incidentals to and from
the project site, securing a temporary construction yard,
securing all necessary permits from the City of Costa Mesa,
2
Lump Sum
securing the work site during all work activities, and
Lump
maintaining the project site in a safe and orderly mariner during
Sum
construction.
Amount bid for mobilization / demobilization shall not
exceed 4.0% of contractors bid total.
District shall pay 50 % of this item for mobilization activities,
and 50 % for demobilization activities at the end of the project.
All manholes to be rehabilitated are brick manholes.
Work for Items Nos. 3 through 17 of the Bid Form includes,
but is not limited to, the following: manhole cleaning, hand
sawing protruding roots, surface preparation, installation of a
one-piece structural liner on manhole walls and bench (not in
channel), access, traffic control, confined space entry, bypass
sewer flow if required, and any other necessary incidental
items, equipment, or manpower for a turnkey installation.
Contractor to apply for and obtain an encroachment permit
from the City of Costa Mesa for the work in the public Right -
Varies Per
of -Way. Traffic control for work shall conform to the
Varies
3-17
Manhole
provisions on the City of Costa Mesa encroachment permit.
Per Bid
No Number
See Below
Traffic control shall include engineered traffic control plans to
Item
Here
be approved by the city of Costa Mesa providing the required
traffic control including, but not limited to, changeable
message boards, signs, delineators, traffic cones, barricades,
flashing arrow signs, and all other work necessary to comply
with Work Area Protection and Traffic Control Handbook
(WATCH manual), recent edition, other traffic control
publications, and the city of Costa Mesa.
District reserves the right to remove any item or items from the
final project after contract is awarded but before construction
begins. There will be no compensation paid for removed items.
CMSD Project No. 324 Phase 3 Bid Proposal Form — 2 of 12
CMSD SEVER PROJECT NO.324
SCHEDULE OF WORK ITEMS
BRICK MANHOLE REABILITATION PHASE 3
BID
APPROX.
DESCRIPTION
UN IT
TOTAL
ITEM
QUANTITY
PRICE
AMOUNT
GIS MH# 101560
Address: 989 Oak Street
Location: Oak Street west of Republic Avenue.
3
Lump Sum
Sewer Out: 8-inch (East)
Lump
S ty
Depth: ?'-5"
Sum
Work under this item shall include finishing all labor,
material, and work necessary for rehabilitating the
manhole.
GIS MH# 101566
Address: 990 Linden Avenue
Location: Linden Avenue west of Republic Avenue.
4
Lump Sum
Sewer Out. 8-inch (East)
LumSump
$ 0 61-
Depth: 9'-4"
Work under this item shall include furnishing all labor,
material, and work necessary for rehabilitating the
manhole.
GIS MH# 101598
Address: 970 Linden Avenue
Location: Linden Avenue west of Republic Avenue.
5
Lump Sum
Sewer Out: 8-inch (East)
Lump
Depth: 10'-0"
Sum
Work under this item shall include furnishing all labor,
material, and work necessary for rehabilitating the
manhole.
GIS MH# 101599
Address: 969 Oak Street
Location: Oak Street west of Republic Avenue.
6
Lump Sum
Sewer Out: 8-inch (East)
Lump
$
Depth: 8'-1"
Sum
Work under this item shall include furnishing all labor,
material, and work necessary for rehabilitating the
manhole.
CMSD Project No. 324 Phase 3 Bid Proposal Form — 3 of 12
CMSD SEWER PROJECT NO.324
SCHEDULE OF WORK ITEMS
BRICK MANHOLF. RE.ABILITATION PHASE 3
BID
APPROX.
DESCRIPTION
UNIT
TOTAL
ITEM
QUANTITY
PRICE
AMOUNT
GIS VIH# 101626
Location: Intersection of Grove Place and Republic
Avenue.
7
Lump Sum
Sewer Out: 8-inch (East)
Lump
,72$
Depth. b'-10"
Sum
Work under this item shall include furnishing all labor,
material, and work necessary for rehabilitating the
manhole.
GIS MI-14 101627
Location: Intersection of Linden Place and Republic
Avenue.
S
Lump Sum
Sewer Out: 8-inch (South)
Lump
Depth: 9'-9"
Sum
--j-—
Work under this item shall include furnishing all labor,
material, and work necessary for rehabilitating the
manhole.
GIS MH# 101629
Location: Intersection of Oak Street and Republic
Avenue.
9
Lump Sum
Seaver Out: 8-inch (East)
Lump
$ �?�3
Depth: 8'-5"
Sum
Work under this item shall include furnishing all labor,
material, and work necessary for rehabilitating the
manhole.
GIS MH# 101663
Address: 2040 President Place
Location: President Place south of Oak Street.
1p
Lump Sum
Sewer Out: 8-inch (Southeast)
Lump
f
Depth: 5'-10"
Sum
_
Work under this item shall include furnishing all labor,
material, and work necessary for rehabilitating the
manhole.
CMSD Project No. 324 Phase 3 Bid Proposal Form — 4 of 12
CMSD SEWER PROJECT NO.324
SCHEDULE OF WORK ITEMS
BRICK MANHOLE REABILUA11ON PHASE 3
BID
APPROX.
DESCRIPTION
UNIT
TOTAL
ITEM
QUANTITY
PRICE
AMOUNT
GIS MH# 101664
Address: 2044 President Place
Location: President Place south of Oak Street.
1 I
Lump Sum
Sewer Out: 8-inch (South)
Lump
11491
Depth: 5'-10"
Sum
Work under this item shall include furnishing all labor,
material, and work necessary for rehabilitating the
manhole.
GIS MH# 101665
Location: Intersection of President Place and Oak Street.
12
Lump Sum
Sewer Out: 8-inch (South)
Lump
Depth: 8'-4"
Sum
Work under this item shall include furnishing all labor,
material, and work necessary for rehabilitating the
manhole.
GIS MH# 101667
Address: 2069 President Place
Location: President Place south of Oak Street.
13
Lump Sum
Sewer Out: 8-inch (South)
Lump
$ $0�
�
Depth: 6'-5"
Sum
Work under this item shall include furnishing all labor,
material, and work necessary for rehabilitating the
manhole.
GIS MH# 101716
Address: 2037 National Avenue
Location: National Avenue south of Oak Street.
14
Lump Surn
Sewer Out: 8-inch (Southwest)
Lump
S .I
Depth: 7'-10"
Sum
Work under this item shall include furnishing all labor,
material, and work necessary for rehabilitating the
manhole.
CMSD Project No. 324 Phase 3 Bid Proposal Form — 5 of 12
CMSD SEWER PROJECT NO.324
SCHEDULE OF WORK ITEMS
BRICK MANHOLE REABILITATION PHASE 3
BID
ITEM
I APPROX.
QUANTITY
DESCRIPTION
UNIT
PRICE
TOTAL
AMOUNT
GIS MH# 101722
Location: Intersection of National Avenue and Oak
Street.
15
Lump Sum
Sewer Out: 8-inch (West)
Depth: 8'-6"
Lump
Sum
j
Work under this item shall include furnishing all labor,
material, and work necessary for rehabilitating the
manhole.
GIS MHrr 101774
Address: 2034 Monrovia Avenue
Location: Intersection of Monrovia Avenue and National
Avenue.
16
Lump Sum
Sewer Out: 8-inch (West)
Lump
Sum
$ jotTq
Depth: 8'-0"
Work under this item shall include furnishing all labor,
material, and work necessary for rehabilitating the
manhole.
GIS MH# 101782
Location: Intersection of Monrovia Avenue and Oak
Street.
17
Lump Sum
Sewer Out: 8-inch (West)
Depth: 12'-5"
Lump
Sum
$
Work under this item shall include furnishing all labor,
material, and work necessary for rehabilitating the
manhole.
This base bid to be used to award contract.
TOTAL AMOUNT OF ITEMS 1 THROUGH 17
f-OUR. HVA>DA D SCVW-r%� - S1C NT l��tt RS
(TOTAL IN WORDS)
Bidders Initials
Note: In case of a discrepancy between the words and figures, the words shall prevail.
CMSD Project No. 324 Phase 3 Bid Proposal Form — 6 of 12
The Contractor agrees that District will not be held responsible if any of the approximate quantities shown in
the foregoing proposal shall be found incorrect, and he shall not make any claim for damages or for loss of
profits because of a difference between the quantities of the various classes of work as estimated and the work
actually done. If any error, omission or mis-statements shall be discovered in the estimated quantities, it shall
not invalidate this contract or release the Contractor from the execution and completion of the whole or part of
the work herein specified, in accordance with the specifications and the plans herein mentioned and the prices
herein agreed upon and fixed therefor, or excuse him from any of the obligations or liabilities hereunder, or
entitle him to any damages or compensation otherwise than as provided for in this contract.
The Contractor agrees that District shall have the right to increase or decrease the quantity of any bid item or
portion of the work or to omit portions of the work as may be deemed necessary or expedient, and that the
payment for incidental items of work, not separately provided in the proposal shall be considered included in
the price bid for other various items of work.
CMSD Project No. 324 Phase 3 Bid Proposal Form — 7 of 12
Accompanying this proposal is 'atbDtV=$ ^�,D
NOTICE: insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be in an amount
equal to at least 10% of the total bid price, payable to the Costa Mesa Sanitary District.
The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited
to the Costa Mesa Sanitary District as liquidated damages in case this proposal is accepted by the District and
the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in
the form set forth in the specifications and contract documents of the District with surety satisfactory to the
District within 10 Days after the bidder has received written notice of the award of the contract; otherwise, said
security shall be returned to the undersigned.
Respectfully submitted,
Contractor's Business Name Contractor Title
15q4 { EwA rN gie- 4yr-_ 0,<
Business Address: Street By: Title
0VWJW(-r,0,7 �l -774D55 t Ls' 1zan- t��kGEorc��,
City State Zip Contractor's License, Expiration
07
tq) yq r — ym73 Date & Classification
Business Phone Number
��r�}
t,�� %)a ?A"t-raS I
Name Title
Residence Phone Number
Bidder's Residence: Street
4VH1(r-J&-(V?J 2F,4c,+4 CA 0064
cityState Zip
p
I declare under penalty of perjury under the laws of the State of Cfornia that the forgoing is true and correct.
Dated -at i>�T� this !
(Signed)
day of !c 20
Deor,-mg16y—
The full names and residences of all persons and parties interested in the foregoing proposal, as principals, are
as follows:
CMSD Project No. 324 Phase 3 Bid Proposal Form — 8 of 12
STANDARD SPECIFICATIONS
Except as hereinafter provided, the provisions of the latest edition of the "Standard Specifications for
Public Works Construction" (Green Book) and all amendments thereto, adopted by the Joint Cooperative
Committee of Southern California Chapter, American Public Works Association; hereinafter referred to as
Standard Specifications, are adopted as the "Standard Specifications" of the Costa Mesa Sanitary District and
shall be considered as a part of these specifications. Also a part of these specifications are the Costa Mesa
Sanitary District's Standard Plans and Specifications for the Construction of Sanitary Sewers.
The following additions are made to the "Standard Specifications". If there is a conflict between the
Standard Specifications and these additions, these additions shall have first precedence.
1-2 DEFINITIONS
(a) AGENCY The Costa Mesa Sanitary District, also hereinafter called "DISTRICT".
(b) BOARD The Board of Directors of the Costa Mesa Sanitary District.
(c) CONTRACT Documents including but not limited to the Proposal, Standard Specifications,
General Provisions, Special Provisions, Plans, Bonds, Insurance, Contract
Agreement and all Addenda setting forth any modifications of the document.
(d) ENGINEER District Engineer of the Costa Mesa Sanitary District.
(e) BIDDER Any individual, co -partnership, association or corporation submitting a proposal for
the work contemplated acting directly or through a duly authorized representative.
(f) LEGAL ADDRESS The legal address of the Contractor shall be the address of contractor given on the
Contractor's bid and is hereby designated as the place to which all notices, letters or
other communications to the Contractor shall be mailed or delivered.
(g) LABORATORY An established laboratory approved and authorized by the Engineer for testing
materials and work involved in the contract.
(h) STATE Chapter 3, Part 5, Division 3, Title 2 of the CONTRACT Government Code. The
provisions of this ACT and other applicable laws form and constitute a part of the
provisions of this contract to the same extent as if set forth herein, in full.
2-1 AWARD AND EXECUTION OF CONTRACT
The award of contract, if awarded, will be to the lowest responsible bidder whose proposal complies
with all requirements of the notice inviting bids. The DISTRICT, however, reserves the right to reject any
or all bids, and to waive any informality in the bids received. The award, if made, will be made within 30
days after the opening of the bids.
PROCEDURE FOR PROPOSAL SUBMITTAL
Proposal shall be made and submitted on the Proposal Forms in accordance with the Notice Inviting
Bids.
No person, firm, or corporation shall be allowed to make, file, or be interested in, more than one
bid for the same work; unless alternate bids are called for. A person, firm, or corporation, who has
CMSD Project No. 324 Phase 3 Standard Specifications —1 of 9
submitted a sub -proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby
disqualified from submitting a sub -proposal or quoting prices to other bidders. If, on the opening of bids,
more than one bid appears in which the same person, firm, or corporation, is interested as a principal, all
such bids shall be rejected.
Proposals with interlineations, alterations, or erasures, shall be initialed by the bidder's authorized agent.
Alternative proposals, special conditions, or other limitations or provisions affecting the bid, except as such
called for by the contract documents, will render the bid informal and may cause its rejection. All proposals
must give the prices bid for the various items of work and must be signed by the bidder, who shall give his
address. Each bid shall have thereon the affidavit of the bidder that such bid is genuine and not sham or collusive
or made in the interest or behalf of any other person not therein named and that the bidder has not directly or
indirectly induced or solicited any other bidder to put in a sham bid, or any person, firm or corporation to refrain
from bidding and that the bidder has not in any manner sought by collusion to secure himself an advantage over
any other bidder.
If any person contemplating submitting a bid is in doubt as to the true meaning of any part of the plans,
specifications, or other proposed contract documents, or finds discrepancies in, or omissions from the drawings
or specifications, he may request the Engineer, in writing, for an interpretation or correction thereof. The person
submitting such a request shall be responsible for its prompt delivery. All such interpretations of the contract
documents will be made only by Addenda duly issued and a copy of each such Addendum will be mailed or
delivered to each person receiving a set of contract documents at his last address of record. The DISTRICT will
not be responsible for any other explanations or interpretations of the contract documents.
•
Any bidder may withdraw his bid, either personally, or by telegraphic or written request, at any time
prior to the scheduled closing time for the receipt of bids. It is the sole responsibility of the bidder to see that
any such telegraphic or written request is delivered to the District Clerk prior to said closing time. Bid security
of such bidders will be returned promptly to the bidder.
The bid security of the three lowest bidders will be retained until the contract is awarded, entered into
and executed with the bidder of accepted bid, after which those will be returned to the respective bidders with
whose proposal they accompanied. The bid security of all other bidders will be returned after the canvass of
bids.
The bid security of the bidder of accepted bid will be held by the DISTRICT until the contract has been
entered into, and the bonds accompanying the same are approved and filed, whereupon the said bid security
will be returned to the bidder.
If the bidder fails or refuses to enter into contract to do the work, the bid security shall be forfeited to
the DISTRICT and shall be collected and paid to the General Fund of the District.
LICENSE REQUIRED
Contractor shall have a Class A or C42 license to perform this work.
I0.4Ua:�i0ZCal : ac�Eel .1111-11 I107
Contractor shall have at least five (5) year experience working on similar type projects in size and
difficulty. Contractor shall provide DISTRICT with references in the Bid Proposal Form including: project
name, size of project, description of project, owner name, owner representative, owner contact information,
construction manager (if applicable), inspectors name and company.
CMSD Project No. 324 Phase 3 Standard Specifications — 2 of 9
"OR EQUAL" PROVISION
When otherwise specified, any product called for on these Specifications may be substituted using the
process described in Public Contract Code Section 3400.
EXECUTION OF CONTRACT
The contract shall be signed by the successful bidder and returned to the District, together with the
contract bonds as specified in Section 2-4 of the Standard Specifications and as amended below and any changes
or additions made thereto in these specifications within 10 days after receipt of written notice of award of
contract. The form of contract agreement to be executed by the Contractor will be supplied by the Counsel for
the DISTRICT. No proposal shall be considered binding upon the DISTRICT until the execution of the contract
by the DISTRICT.
ASSIGNMENT OF CLAYTON ACT AND CARTWRIGHT ACT CLAIMS
In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant
to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all
rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of
the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the
public works contract or the subcontract. This assignment shall be made and become effective at the time the
awarding body tenders final payment to the contractor, without further acknowledgement by the parties.
MINED CONSTRUCTION MATERIAL
CONTRACTOR warrants that it will not purchase mined construction material for PROJECT except
from a mining operation that is currently identified in the list published pursuant to subdivision (b) of Section
2717 of the Public Resources Code.
2-3.1 SUBCONTRACTS: GENERAL
The Engineer, as duly authorized officer may consent to Subcontractor substitution requested by the
Contractor subject to the limitations and notices prescribed in Section 4107 of the Public Contract Code.
2-4 CONTRACT BONDS
The "Faithful Performance Bond" and the "Labor and Material Bond" shall both be one hundred percent
(100%) of the contract price and shall be furnished on the DISTRICT's standard forms. The Faithful
Performance Bond shall be held for one year from the date the Notice of Completion is recorded.
Sureties providing performance bonds for Contractors must be licensed or agree to employ a licensed
Contractor, with a Class A or other applicable specialty contractor's license from the State of California.
2-5 PLANS AND SPECIFICATIONS
Engineer will provide the Contractor, free of charge, copies of plans and specifications that are
reasonably necessary for the execution of work.
Contractor shall, at his own expense, obtain copies of Standard Specifications and Standard Plans and
Specifications of the State of California, for his general use.
CMSD Project No. 324 Phase 3 Standard Specifications — 3 of 9
If after award of contract, should it appear that the work to be done, or any matter relative thereto, is not
sufficiently detailed or explained in the specifications and plans, the Contractor shall apply to the Engineer for
such further explanations as may be necessary and shall conform to such explanation or interpretation as part
of the contract.
All scaled dimensions are approximate. Before proceeding with any work, the Contractor shall carefully
check and verify all dimensions and quantities and shall immediately inform the Engineer or his representative
of any discrepancies.
Unless otherwise provided in the Special Provisions, the Contractor shall be responsible for protecting
all existing horizontal and vertical survey controls, monument, ties and benchmarks located within the limits of
the work. If any of the above require removal, relocating or resetting, the Contractor shall, prior to any
construction work and under the supervision of a California -licensed Land Surveyor or Civil Engineer, establish
sufficient temporary ties and benchmarks to enable the points to be reset after completion of construction.
Any ties, monuments and benchmarks disturbed during construction shall be reset per local agency
standards after construction and the tie notes submitted to the appropriate governing agency on 8-1/2" X 11"
loose leaf paper. The Contractor and his sureties shall be liable for, at his own expense, any resurvey required
due to his negligence in protecting existing ties, monuments, benchmarks or any such horizontal and vertical
controls.
Unless a separate bid item is provided, full compensation for conforming to the requirements of this
sub -section shall be considered as included in the contract bid price paid for various other items of work and
no additional compensation will be allowed.
2-11 INSPECTION
The Contractor shall give at least 48 hours advance notice of time when he or his Subcontractor will
start or resume the various units of operations of the work as per the contract or resume the said units or
operations when they have been suspended as per the contract.
The above notice is to be given during working hours, exclusive of Saturday, Sunday, or holidays for
the purpose of permitting the Engineer to make necessary assignments of his representative or inspector on the
work.
Any work performed in conflict with said notice without the presence or approval of the inspector, or
work covered up without notice, approval or consent may be rejected or ordered to be uncovered for
examination at Contractor's expense, and shall be removed at Contractor's expense, if so ordered by the Engineer
or inspector on the work. Any unauthorized or defective work, defective material or workmanship or any
unfaithful or imperfect work that may be discovered before the final payment or final acceptance of work or
exoneration of bonds shall be corrected immediately without extra charge even though it may have been
overlooked in previous inspections and estimates or may have been caused due to failure to inspect the work.
All authorized alterations affecting the requirements and information given on the approved plans shall
be in writing. No changes shall be made on any plan or drawing after the same has been approved by the
Engineer, except by direction of the Engineer in writing. Deviations from the approved plans, as may be
required by the exigencies of constructions will be determined in all cases by the Engineer and authorized in
writing.
All instructions, rulings and decisions of the Engineer shall be in writing and shall be final and binding
on all parties unless formal protest is made in writing, as provided in the following paragraph, and as provided
in Section 1670 of the Civil Code.
CMSD Project No. 324 Phase 3 Standard Specifications — 4 of 9
If the Contractor considers any work demanded of him to be outside the requirements of the contract,
or if he considers any instruction, ruling or decision of the Inspector or Engineer to be unfair, he shall within
10 days after any such demand is made, or instruction, ruling or decision is given, file a written protest with the
Engineer stating clearly and in detail his objections and reasons therefore. Except for such protests and
objections as are made of record, in the manner and within the time above stated, the Contractor shall be deemed
to have waived and does hereby waive all claims for extra work, damages and extensions of time on account of
demands, instructions, rulings and decisions of the Engineer.
Upon receipt of any such protest from the Contractor, the Engineer shall review the demand, instruction,
ruling or decision objected to and shall promptly advise the Contractor, in writing, of his final decision, which
shall be binding on all parties, unless with the 10 days thereafter the Contractor shall file with the Board of
Directors a formal protest against said decision of the Engineer. The Board of Directors shall consider and
render a final decision on any such protest within 30 days of receipt of same.
3-1.1 CHANGES REQUESTED BY THE CONTRACTOR: GENERAL
Engineer shall be the duly authorized officer to grant the changes prescribed in this section.
3-3.1 EXTRA WORK: GENERAL
The extra work as defined in this section of Standard Specifications and any work done beyond the
lines and grades shown on the plans shall only be performed when ordered in writing by the Engineer. In
absence of such written order any such work shall be considered unauthorized and will not be paid for. Work
so done may be ordered removed at the Contractor's expense.
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
Prior to the commencement of construction, arrangements will be made for a meeting between the
Contractor and the Engineer. The purpose of this meeting is to coordinate the activities of the Contractor within
the limits of this contract, review scheduling, discuss construction methods and clarify inspection procedures.
The Contractor will be required to submit for approval by the Engineer, a complete schedule showing the
number of working days required to complete the project.
6-6.2 EXTENSIONS OF TIME
In the event the work called for under the contract is not finished and completed in all parts and
requirements within the time specified, the Board of Directors shall have the right to increase the number of
working days for completion or not, as may seem best to serve the interest of the DISTRICT.
Except for the delays beyond Contractor's control as described in Sections 5-5 and 6-6.1, the DISTRICT
shall have the right to charge the Contractor, his heirs, assigns, or sureties and to deduct from the final payment
for the work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendent
and other overhead expenses which are directly chargeable to the Contractor and which accrued during the
period of such extensions except that the cost of the final services and preparation of the final estimates shall
not be included in such charges.
In addition to the above charges, Contractor shall pay to the DISTRICT liquidated damages as specified
in Section 6-9 for such delays.
No extension of time for the completion of the work called for under the contract shall be allowed unless
at least 20 days prior the time fixed for the completion thereof, or the time fixed by the Board of Directors or
its designee for such completion as extended, Contractor shall have filed application for extension thereof, in
writing, with the Engineer addressed to the Board of Directors or its designee. In this connection it is understood
that the Engineer shall not transmit any such request to the Board or its designee if not filed within the time
herein prescribed.
CMSD Project No. 324 Phase 3 Standard Specifications — 5 of 9
7-2 LABOR
The Contractor shall comply with the provisions of Section 1770 to 1780, inclusive, of the California
Labor Code, the prevailing rate and scale of wages determined by the Director of the Department of Industrial
Relations, State of California, which are filed with the Assistant Secretary of said DISTRICT and shall forfeit
penalties prescribed therefore for noncompliance of said Code. Travel and subsistence payments shall be paid
in accordance with Labor Code 1773.8 as defined in applicable collective bargaining agreements.
In order to verify the compliance of said code, Contractor may be required by the DISTRICT, from
time to time, to furnish weekly, for the duration of the contract period, copies of his payroll statements
showing wages paid each employee during the preceding week and the employee work classification to the
Engineer for checking. Using Form DH-H-347, Payroll Statement of Compliance is an acceptable method of
fulfilling the above requirement.
APPRENTICES
Attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the
employment of apprentices by the Contractor or any Subcontractor under him. The Contractor and any Subcon-
tractors under him shall comply with the requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements may be
obtained from the Director of Industrial Relations, Ex-Officio the Administrator of Apprenticeship, San
Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
7-3 LIABILITY INSURANCE
The Contractor shall not commence work under his contract until he has obtained all insurance required
under this heading in a company acceptable to the DISTRICT, nor shall the Contractor allow any Subcontractor
to commence work on his sub -contract until all insurance required of the Subcontractor has been obtained. The
Contractor shall take out and maintain at all times during the life of the contract the following policies of
insurance.
a. Workman's compensation insurance to cover his employees as required by the Labor Code of the State
of California, and the Contractor shall require all subcontractors similarly to provide such
compensation insurance for all of the latter's employees.
b. Public liability and property damage insurance on account of bodily injuries, including death resulting
therefrom in the sum of $5,000,000. combined, single limit for any one accident which may arise
from the operations of the Contractor in performing the work provided for herein.
c. General liability insurance. the Contractor shall maintain commercial general liability insurance with
coverage at least as broad as Insurance Services Office Form CG 00 01, in an amount not less than
$1,000,000.00 per occurrence, $2,000,000.00 general aggregate, for bodily injury, personal injury,
and property damage, including, without limitation, blanket contractual liability, and $2,000,000.00
completed operations aggregate.
d. Automobile liability insurance. The Contractor shall maintain automobile insurance at least as broad
as Insurance Services Office Form CA 00 01 covering bodily injury and property damage for all
activities of the Contractor arising out of or in connection with work to be performed under this
project, including coverage for any owned, hired, non -owned, or rented vehicles, in an amount not
less than $1,000,000.00 combined single limit for each accident.
e. Umbrella or excess liability insurance. The Contractor shall obtain and maintain an umbrella or excess
liability insurance policy with limits of not less than $4,000,000.00 that will provide bodily injury,
CMSD Project No. 324 Phase 3 Standard Specifications — 6 of 9
personal injury, and property damage liability coverage at least as broad as the primary coverages set
forth above, including commercial general liability and employer's liability. Such policy or policies
shall include the following terms and conditions:
• A drop down feature requiring the policy to respond in the event that any primary insurance that
would otherwise have applied proves to be uncollectable in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
• Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Each of the policies of insurance provided for shall contain a clause substantially in the following words:
It is hereby understood and agreed that this policy may not be cancelled, nor the amount of coverage
thereof be reduced until ten days after receipt by the Engineer of a written notice of such cancellation or
reduction in coverage, as evidenced by receipt of a registered letter.
The insurance required to be provided herein shall be provided by a domestic carrier authorized to, and
doing business in, the State of California and rated A+ XI by Best Key Rating Guides--Property-Casualty and
admitted for coverage in the State of California Insurance Guarantee Fund.
The Contractor shall, at the time of the execution of the contract, present the original policies of
insurance required herein, or present a certificate of insurance showing the issuance of such insurance.
Contractor shall also provide an endorsement naming the DISTRICT as an additional insured.
7-5 PERMITS
Except as otherwise specified in the Special Provisions, the Contractor shall procure all permits and
licenses, pay all charges, and fees, and give all notices necessary and incident to the due and lawful prosecution
of the work. These permits and licenses shall be obtained in sufficient time to prevent delays to the work.
In the event that the agency has obtained permits, licenses or other authorization, applicable to the work,
the Contractor shall comply with the provisions of said permits, licenses and other authorizations. In the case
the agency does procure any permits, it is understood that the agency is acting as an authorized agent for the
contractor, and that the Contractor shall be solely responsible for all work performed under the permit.
7-6 THE CONTRACTOR'S REPRESENTATIVE
Contractor shall also file with the Engineer the addresses and telephone numbers where he or his
designated representative may be reached during hours when the work is not in progress.
Instructions and information given by the Engineer to the Contractor's authorized representative or at
the address or telephone numbers filed in accordance with this section shall be considered as having been given
to the Contractor.
7-8.1 CLEANUP AND DUST CONTROL
All surplus materials shall be removed from the site of the work daily after completion of the work
causing the surplus materials.
Unless the construction dictates otherwise, and unless otherwise approved by the Engineer, Contractor
shall furnish and operate a self -loading motor sweeper with spray nozzles at least once each working day to
keep paved areas acceptably clean whenever construction, including restoration, is incomplete.
Failure of the Contractor to comply with the Engineer's dust control orders may result in an order to
suspend work until the condition is corrected; and after filing notice to the Contractor, the Engineer may order
CMSD Project No. 324 Phase 3 Standard Specifications — 7 of 9
this accomplished by others. All costs thus incurred shall be deducted from the amount to be paid to the Contrac-
tor. No additional compensation will be allowed as a result of such suspension.
No separate payment will be made for any work performed, of material used, to control dust resulting
from the Contractor's performance on the work, or by public traffic, either inside or outside the right of way.
Full compensations for such dust control will be considered as included in the prices paid for the various items
or work involved.
7-8.5 TEMPORARY LIGHT, POWER AND WATER
The Contractor shall provide for his employees and adequate supply of clean potable drinking water,
which shall be dispensed through approved sanitary facilities.
7-10 PUBLIC CONVENIENCE AND SAFETY
The Contractor shall abide by the following publications which are hereby made a part of these
specifications:
a. The Work Area Traffic Control Handbook (WATCH).
b. The Manual of Warning Signs, Lights and Devices for Use in Performance of Work Upon
Highways.
c. State Labor Code Sections 6704, 6706 and 6707.
d. The Construction Safety Orders (CAL/OSHA).
e. The General Industry Safety Orders (CAL/OSHA).
f. Standard Specifications for Public Works Construction (The Green Book)
7-13 LAWS TO BE OBSERVED
The Contractor shall protect and indemnify the DISTRICT, the Board of Directors, the Engineer, and
all of its or their officers, agents and servants against any claim or liability arising from or based on the violation
of any existing or future State, Federal and Local laws, ordinances, regulations, orders or decrees, whether by
himself or his employees. If any discrepancy or inconsistency is discovered in the plans, drawings,
specifications or contract for the work in relation to any such law, ordinance, regulation, order or decree, the
Contractor shall forthwith report the same to the Engineer in writing.
9-3.1 PAYMENT: GENERAL
Contractor is reminded that the unit and lump sum prices shown in the proposal shall be full
compensation for the items of work described in the proposal including all incidental, appurtenant, or related
work and materials, whether or not mentioned or specified, required to deliver the final product shown on the
plans. Contractor shall have examined the contract documents and site and shall include in his bid furnishing
all materials, labor, equipment, tools, incidental, appurtenant, or related work to complete the job in order that
no separate work or compensation is needed to complete the work.
9-3.2 PARTIAL AND FINAL PAYMENT
The lead time for processing invoices for the monthly progress payment approved by the Engineer for
inclusion on the warrant list of the DISTRICT is governed by the rules and regulations established by the Board
CMSD Project No. 324 Phase 3 Standard Specifications — 8 of 9
of Directors. Invoices for monthly payments shall be submitted to the Engineer no later than the 25th of each
month.
After completion of the contract, the Board shall, upon recommendation of the Engineer, accept the
work as complete and authorize the final payment.
The amount retained and deducted by the DISTRICT shall be 5% of the progress estimates for all
progress payments. The final payment of the retention amount to the Contractor shall be made 35 days from the
date of the recording of the Notice of Completion of the work after it is accepted by the Board of Directors and
shall be made on duly certified voucher therefore.
It is mutually agreed among the parties to the contract that no certificate given or payment made under
the contract, except the final certificate of final payment, shall be conclusive evidence of full or substantial
performance of this contract; and no payment shall be construed to be an acceptance of any defective work or
improper material.
The acceptance of final payment by the Contractor shall release the DISTRICT, the Board of Directors
and the Engineer from any and all claims or liabilities on account of work performed by the Contractor under
the contract or any alterations thereof.
9-3.3 DELIVERED MATERIALS
Materials delivered, but not in place, will not be classified as work done, except as otherwise provided
in these specifications.
CMSD Project No. 324 Phase 3 Standard Specifications — 9 of 9
SPECIAL PROVISIONS
FOR
BRICK MANHOLE REHABILITATION PHASE 3
Project No. 324
TECHNICAL SPECIFICATIONS FOR MANHOLE STRUCTURAL LINER
Contractor shall furnish all labor, materials, and equipment for the rehabilitation of the existing
manholes with cured -in -place composite liner system per attached technical specifications. The
liner system shall be Triplex Liner System, Alternative Liner System, or approved equal.
The liner for this project shall be Triplex-6800 Series or AltLiner Model CIPMTM 106
or District Engineer approved equal.
TRIPLEX LINER SYSTEM
IA '
1.1 PRODUCT DESCRIPTION
A. The Triplex Liner System is a cured -in -place structural liner designed for use as a non-
porous, multi -layer structural system for rehabilitation for structures such as manholes,
pump stations, wet wells, vaults, storage tanks, large diameter pipe, and corrugated
culvert pipe. It provides an impervious water and sewer gas resistant membrane, layered
between layers of structural fiberglass or polyester fiber. Therefore, the liner system is
ideal for correcting H2S gas deterioration, infiltration and exfiltration problems in
structures of most any shape or size.
B. This waterproof liner system completely seals off infiltration and exfiltration. The epoxy
resins used in conjunction with the fiberglass liner fabric are resistant to gases and
chemicals typically encountered in domestic sewer systems. The liner permanently
adheres to wet or dry surfaces of brick, concrete, PVC, and ductile iron; it prevents
further deterioration, infiltration, and exfiltration, while providing structural
reinforcement to the existing structure, and provides a chemical and sewer gas resistant
protective lining system. Other epoxy or vinyl -ester resins may also be used in
conjunction with the Triplex Liner for special chemical and industrial applications.
C. The Triplex Liner System is manufactured in four (4) standard liner weights that are
designed for varying depths and varying structural conditions. These four liner designs
provide the end -user with the right choice for fulfilling lining needs ranging from
preventive maintenance to very serious structural problems with infiltration and/or ex -
filtration.
D. Each liner is a type that allows rehabilitation of concentric, eccentric or flat top structures
without removing the ring top section or corbel. This minimizes traffic disruption and
eliminates the need for road repairs. All liner material and components are custom
fabricated at the McNeil Technologies LLC, manufacturing facility to fit the size and
shape of each individual structure. Structure measurements are taken and liners are
manufactured prior to commencement of the liner installation to minimize the on -site
field time required for the liner installation.
PART 2 PRODUCTS
CMSD Project No. 310 Special Provisions — 3 of 17
FrXIFUHNFUTEW
Triplex-4400 Liner - Multiple layer composite with non -porous membrane mechanically bonded
between the layers of polyester fiber or 2 layers of 12 oz. PSY woven roving fiberglass, saturated
with 100% solids epoxy, cured -in- place, and bonded to the existing structure.
Triplex-5600 Liner - Multiple structural fiberglass layers with a non -porous membrane bonded
between the layers of fiberglass, with a total fabric weight of 56 oz. per square yard, saturated
with 100% solids epoxy, cured -in -place, and bonded to the existing structure.
Triplex-6800 Liner - Multiple structural fiberglass layers with a non -porous membrane bonded
between the layers of fiberglass, with a total fabric weight of 68 oz. per square yard, saturated
with 100% solids epoxy, cured -in -place, and bonded to the existing structure.
Triplex-11600 Liner - Multiple structural fiberglass layers with a non -porous membrane bonded
between the layers of fiberglass, with a total fabric weight of 116 oz. per square yard, saturated
with 100% solids epoxy, cured -in- place, and bonded to the existing structure.
2.2 LINER SYSTEM DETAILS
The 4400 series is a three -layered composite system. The 4400 is designed for structures up to
8' in depth. Layer #1 is non -woven polyester or 12-oz. structural fiberglass, impregnated with a
modified epoxy resin and bonded to the existing substructure. Layer #2 is a non -porous membrane
of special synthetic materials mechanically bonded between layer #1 and layer #3. Layer #3
consists of non -woven polyester or 12-oz. structural fiberglass that is saturated with epoxy
resins, forming a smooth interior wall to the host structure.
The 5600 series is a three -layered composite system with a total pre -saturated fabric weight of 56-
ozs. per square yard. The 5600 is designed for structures up to 29' in depth. Layer #1 is 18-oz.
structural fiberglass impregnated with a modified epoxy resin and bonded to the existing
substructure. Layer #2 is a 20-oz. non -porous membrane of special synthetic materials bonded to
layer #1 and layer #3. Layer #3 consists of 18-oz. structural fiberglass saturated with epoxy and
bonded to the nonporous membrane, forming a smooth interior wall to the host structure.
The 6800 series is a three -layered composite system with a total pre -saturated fabric weight of
68-ozs. per square yard. The 6800 is typically designed for structures up to 38' in depth.
Layer #1 is 24-oz. structural fiberglass impregnated with a modified epoxy resin and bonded to
the existing substructure. Layer #2 is a 20-oz. non -porous membrane of special synthetic materials
bonded to layer #1 and layer #3. Layer #3 consists of 24-oz. structural fiberglass saturated with
epoxy and bonded to the nonporous membrane, forming a smooth interior wall to the host
structure. For structures deeper than 24 feet, or for structures experiences heavy infiltration,
additional layer(s) of fiberglass may be added as needed.
The 11600 series is a three -component composite system with a total pre -saturated fabric weight
of 116-ozs. per square yard. The 11600 series is designed for culvert pipe and manhole type
structures up to 55' in depth. Component #1 is (2) 24-oz. structural fiberglass layers impregnated
with a modified epoxy resin and bonded to the existing substructure. Component #2 is a 20-oz.
non -porous membrane of special synthetic materials bonded to layer #1 and layer #3.
Component #3 consists of (2) 24-oz. structural fiberglass layers saturated with epoxy and
bonded to the nonporous membrane, forming a smooth interior wall to the host structure.
Additional layer(s) of fiberglass may be added as needed.
CMSD Project No. 324 Special Provisions — 4 of 12
2.3 RESIN FOR WASTEWATER SERVICE
A. The standard impregnating resin for typical domestic wastewater sewer system liners
is a modified Polyamide Bisphenol "A" Epichlorodhydrin system that is field applied.
After the resin is applied, the liner is lowered into the manhole where, in most cases, it
is cured in place with a temperature inversion system of air pressure and steam heat
injection. Most liners are cured within two hours and become a structural monolithic
wall bonded to the host structure. Other chemical and industrial applications may
require alternate resin system depending on the site conditions and chemicals present
in the structures. In these cases the Owner shall supply an analytical report of chemicals
present to McNeil Technologies LLC. The resin system used in these cases is
determined on a case -by- case basis.
2.4 LINER SIZE
A. Each liner is custom fabricated to fit the individual structure. There is no standard
configuration in manholes and many other structures; therefore, exact measurements
must be completed and submitted prior to manufacturing each liner. McNeil
Technologies LLC provides diagrams for location, configuration, measurements, site &
structure conditions, notes and observations.
2.5 APPLICABLE MANUFACTURERS
A. Products specified by named manufacturers are specified as a standard of quality.
1. McNeil Technologies LLC
404 Stewart Street, Bonifay, Florida 32425
Attn: Ron McNeil
Phone: (850) 687-9696
2. Approved equal.
2.6 ACCEPTABLE LINER INSTALLERS
A. Certified installer: Ayala Engineering Inc.
8482 East Meadowridge Street
Anaheim, CA 92808
Attn: Ricardo Ayala
Phone: (714) 823-7179
B. Approved equal.
PART 3 EXECUTION
3.1 INSTALLATION PROCESS
A. Cleaning: All surfaces of the host structure are to be cleaned with a high-pressure
hydro jet sprayer with an operating pressure of at least 4,000-psi. After pressure
cleaning, surface may be cleaned with degreaser or other solvents, as needed, in order to
CMSD Project No. 324 Special Provisions — 5 of 12
remove any film or residue on the surface. Structure shall then be pressure rinsed with
water.
B. Final Preparation: All incoming laterals and main truck line openings shall be properly
trimmed and grouted with hydraulic or Portland Type II Cement, forming a filet between
the structure wall and each pipe. All inlet and outlet pipes should be trimmed so they do
not extend into the structure more than two inches. Such application of grout shall extend
at least six inches from the outlet onto the wall area. Manhole steps shall be removed
flush to within %" of the structure wall. Any remaining protrusion shall be grouted over to
provide smooth surface for the liner.
C. Benches, walls, and floors shall be repaired or refinished as appropriate, using chemical
grout, hydraulic cement or Portland type II cement. Bench areas and floors shall be lined
with Triplex Liner System materials saturated with the epoxy resin and placed in the
bottom, extending approximately 6 inches up the wall section, so as to overlap with the
liner wall section.
3.2 MANHOLE LINER INSTALLATION
A. Once the liner is fully saturated with resin at the job site, it shall be lowered into the
structure to the pre -marked position at the cover seat of the structure entrance. The
liner shall form a monolithic structure permanently connecting the ring & cover seat
to the chimney, corbel, walls, and benches. Unless otherwise required, the liner will end
at, but include, the bench. Channel lining is not required.
B. Normal installation procedures do not require the restricting or bypassing of the main trunk
line in manholes where the sewage flow is contained within the channels, and channel lining
is not required.
C. The Triplex Liner for manholes shall be pressurized with air or water, and cured with
steam, ambient or heated air, or ambient or heated water. Most typical Triplex manhole
liner installations will be pressurized at 432-1,008 lbs. per square foot, depending on the
condition of the structure and tl-r amount of hydrostatic pressure from incoming
infiltration.
3.3 CURING PROCESS
A. Once positioned inside the structure, the liner is pressurized with air or water. It is then
cured with steam, ambient or heated air, or ambient or heated water. Most typical
installations are heated by a temperature inversion system of pressurization with steam
injection and a high velocity hot air column. This creates a steam/convection oven
atmosphere which brings the liner temperature to between 150-degrees and 190-degrees
Fahrenheit. The liner is heated for approximately one to three hours. The actual curing
time will generally be based on the size of the structure. Regardless of curing process,
the Triplex Liner System will be fully covered under Triplex warranty.
B. Upon completion of the liner curing process, the inflation bladder shall be removed, all
lines reopened. and the excess liner cut off at the manhole cover seat or structure opening.
3.4 AVAILABILITY AND COST
A. Availability: The Triplex Lining System is available in all major marketing areas in the
United States, Canada, Australia, Mexico and Western Europe.
CMSD Project No. 324 Special Provisions — 6 of 12
B. Cost: The Triplex Liner System requires custom manufacturing and installation
procedures tailored for each structure. The end result is a long-term solution to
infiltration and H2S gas deterioration, with true value spread over the life of the liner.
3.5 WARRANTY
A. McNeil Technologies LLC and the Triplex Authorized Licensed Installer, jointly
provides Twenty (20) Year unlimited and non -prorated Materials Warranty and Twenty
(20) Year Labor Warranty for all Triplex Liners. Triplex fabrics and resins are
warranted to be free of defects in materials and workmanship, to prevent infiltration,
prohibit root intrusion and provide a surface coating resistant to sewer gases and
chemicals typically found in domestic sewer collection systems. This warranty is for the
repair or replacement of the liner as needed.
B. McNeil Technologies LLC does not certify the structural integrity of existing structure or
substructure, but the liner system will eliminate further deterioration due to sewer gases
and significantly increase the life of the existing structure. In the case of industrial or
chemical applications, warranty will be provided on a case -by -case basis.
3.6 MAINTENANCE
A. Although no maintenance is anticipated for decades, the Triplex Liner System is easily
repaired. Small holes or cracks can be repaired with EPOSealTM Mastic. Larger areas
may be repaired using fiberglass material coated on both sides with EPOSealTM Mastic
for greater structural integrity. The liner may be core drilled through for the addition
of incoming lateral lines. EPOSEALTM Mastic Grout is recommended for use as a seal
between the new line and the liner wall.
CMSD Project No. 324 Special Provisions — 7 of 12
ALTERNATIVE LINING SYSTEM
PART I GENERAL
1.1 PRODUCT DESCRIPTION
A. This work shall include the furnishing of all labor, materials, and equipment for
the rehabilitation of an existing manhole with a cured -in -place PVC composite
liner.
B. The manhole liner shall be manufactured to the shape of the manhole. The fibrous
portion of the liner shall be saturated with a modified epoxy resin, then
pressurized and cured in -place.
C. Fused seams will allow the liner to be inflated and pressurized between V2 - 8
pounds per square inch, with or without an inflation bladder.
D. The seams of the liner shall be sealed with fusion welding equipment. The design
shall be as described in US Patent 6,540,438 B2.
E. The exposed surface of the liner shall be white PVC.
1.2 LINER PERFORMANCE REQUIREMENTS
A. Liner shall be of the type that allows rehabilitation of a concentric, eccentric or
flat top manhole without removing the manhole ring and top section or corbel.
B. The liner shall be installed and cured in place via controlled curing by heat and
pressurization in the manhole to complete the curing process.
C. The lining of the manhole shall result in a structure to the shape and contour of the
existing manhole. The liner shall be installed and substantially bond to the
interior manhole substrate and be watertight, free of any joints or openings
other than pipe inlets, outlets and the cover frame opening.
D. Where indicated on the manhole schedule the lining shall be designed with
independent structural hoop strength for full height hydrostatic pressure as if the
liner were a secondary vessel inside the existing manhole. The manufacturer
shall design adequate liner thickness into the system with or without additional
fiberglass layers.
1.3 QUALITY ASSURANCE
A. Reference Standards: Comply with applicable provisions and recommendations
of the following:
1. ASTM D 695-10 Standard Test Method for Compressive Properties of
Rigid Plastics.
CMSD Project No. 324 Special Provisions — 8 of 12
1.4 SUBMITTALS
A. Copies of the manhole dimensions, installation instructions, and manufacturer's
product data sheet to be submitted for the Engineer's review.
B. If required, calculations for the round manhole lining that demonstrate hoop
strength under maximum hydrostatic conditions. The calculation shall assume
zero liner adhesion to the existing structure, but assume lateral support from
the existing wall. The calculated hoop stress shall be less than 11 % of the
compressive strength as determined by appropriate ASTM test method.
PART 2-PRODUCTS
2.1 MATERIALS
A. Manhole interior walls and benches shall be patched with cementitious
patching/plugging compounds as manufactured by Pre -Blend Products, Inc., or
approved equal.
B. Channel reconstruction cement shall be Speed Plug as manufactured by Euclid
Chemical, formed cement concrete of 4,000-psi compression strength, or
approved equal.
C. As a minimum the manhole liner systems shall be composed of a multiple layered
composite. The primary layer shall be manufactured from 25 mils PVC with 10
ounce per square yard polyester fleece. The surface hairs of the fleece must be
embedded in the molten PVC during the manufacturing process of the material.
Glued laminates are not allowed. Multiple Layers of fiberglass are added to
increase thickness and strength.
D. The fibrous body will be impregnated with a modified epoxy resin. Add
fiberglass and resin, for additional liner thickness.
A1tLinerTM models:
CIPMTM 46
100 mills installed
CIPMTM 58
150 mills installed
CIPMTM 106
200 mills installed
CIPMTM XX
Custom Design
E. Liner Thickness: The anticipated hydrostatic head "h" in feet above the bottom of
the invert and the Radius "R" in feet of the structure shall determine the necessary
liner thickness "t" in mils.
CMSD Project No. 324 Special Provisions — 9 of 12
2.2 APPLICABLE MANUFACTURERS
A. Products specified by named manufacturers are specified as a standard of quality.
1. Alternative Lining Technologies, LLC. (the manufacturer of the
A1tLinefrm)
Phone: 800-747-4282.
2. Approved equal.
2.3 ACCEPTABLE LINER INSTALLERS.
B. Certified installer: Sancon Companies
5 841 Engineer Drive
Huntington Beach, CA 92649
Attn: Chuck Parsons
Phone: (714) 891-2323
B. Approved equal.
PART 3-EXECUTION
3.1 MAINTAINING WASTEWATER FLOWS
A. The CONTRACTOR shall be fully responsible for restricting the normal sewage
flow through the manhole where the specified rehabilitation work demands such
flow restriction. The CONTRACTOR will plan his work in order to maintain
flows and not interrupt sewer service. This may include night work. The cost of
any night work required will be included in the contract price of the applicable
item. The CONTRACTOR shall not perform work to manholes until plans for
bypass pumping or flow restriction have been submitted by the CONTRACTOR
and accepted by the DISTRICT. Additionally, no plugging of existing Utility
System Gravity Mains will be made without the approval of the DISTRICT.
B. Unlined flow channel. Install a bridge or flow through tube and cut the liner bottom
near the flow line in the channel to expose the flow channel and give access to the
pipes. Plug the pipes entering the manhole through the wall and trim the pipe
opening to restore flow.
3.3 CLEANING
A. All surfaces of the manhole shall be cleaned with a high-pressure water j et sprayer
with an operating pressure of at least 5,000 psi. Pressure wash the manhole to
remove all dirt, grease, sand, and surface contaminants on the wall and floor
leaving a clean damp surface.
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B. Badly deteriorated and pitted pre -cast manholes and brick manholes, with
missing bricks and grout, shall be mudded back to form a smooth compatible
surface for the liner.
3.4 PLUGGING RECONSTRUCTION
A. The stopping of active hydrostatic infiltration shall be accomplished by using
Speed plug as manufactured by Euclid Chemical or approved equal.
B. Water infiltration can also be stopped using expansion type grouts such as
Avanti or Seal Guard II.
3.5 CHANNEL RECONSTRUCTION
A. Remove all loose grout and rubble of existing channel. Rebuild channel if required
by shaping and repairing slope of shelves or benches. Work shall include
alignment of inflow and out flow ports in such manner to prevent the deposition of
solids at the transition point. All inverts shall follow the grades of the pipe
entering the manhole. Changes in direction of the sewer and entering branch or
branches shall have a true curve of as large a radius as the size of the manhole
will permit. Channels shall be shaped to allow entrance of maintenance
equipment into pipes including buckets, TV camera, etc.
B. Inverts shall not be lined.
3.6 LINER INSTALLATION
A. Installation shall be by an installer that is qualified by the liner manufacturer. The
CONTRACTOR shall include the furnishing of all materials, equipment, tools, and
labor as required for the rehabilitation of the manholes selected, including the
installation of the interior liner.
B. The installation of the approved liner system shall be in strict accordance with the
manufacturer's instructions. This shall include the preparation, installation,
inflation, curing, and finishing operations, required for the completion of the
manhole rehabilitation process.
C. All safety rules and regulations, applicable laws and insurance
requirements shall be observed in storing, handling, use and application of the
liner materials, resins and any solvents.
D. Ventilation shall be provided to the workers at all times.
PART 4-WARRANTY, MEASUREMENT AND PAYMENT
CMSD Project No. 324 Special Provisions — 11 of 12
A. The MANUFACTURER shall warrant to the D I S T R I C T in writing the
performance of the liner for a period of twenty years.
B. Payment for the rehabilitation of the structure shall be on a lump sum basis.
END OF SECTION
CMSD Project No. 324 Special Provisions —12 of 12