Contract - Insituform Technologies - 2022-05-10AGREEMENT
#335 Sewer Siphon Rehabilitation — Phase 1
This Agreement (hereinafter referred to as "AGREEMENT") is made and entered into
this 101h. day of May, 2022, by and between the COSTA MESA SANITARY DISTRICT,
hereinafter referred to as "DISTRICT," and Insituform Technologies, LLC, 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 THE WORK AND CONTRACT SUM
Scope of the 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 #335 Sewer Siphon Rehabilitation phase 1 dated March 18"', 2022
(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 #335 Sewer
Siphon Rehabilitation Phase 1 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 Two hundred, Twenty Six
thousand, eight hundred and forty three dollars only ($226,843.00).
NOTICE TO PROCEED AND TIMING
3. Notice to Proceed. No work, services, material, or equipment shall be performed
or furnished under this AGREEMENT unless and until a "Notice to Proceed" has been given to
CONTRACTOR by DISTRICT and all bonds and certificates of insurance required pursuant
hereto have been furnished to and approved by DISTRICT.
4. Time of Completion. CONTRACTOR agrees to commence the work to be
performed under this AGREEMENT on the start of the construction date specified in the "Notice
To Proceed" and to diligently prosecute the work to completion by the completion date specked
in the Notice to Proceed, which the parties agree is sixty (60) WORKING DAYS.
5. Time of the Essence. Time is of the essence of this AGREEMENT.
6. Liquidated Damages/Additional, Actual Damages. It is agreed by the parties
hereto that, in case the total work called for hereunder in all parts and requirements is not finished
or completed within the number of working days as set forth herein, damage will be sustained by
the DISTRICT and that it is and will be impractical and extremely difficult to ascertain and
determine the actual damage which the DISTRICT will sustain in the event of and by reason of
HGSD 2016 CIP A-1 Agreement
such delay. It is therefore agreed the CONTRACTOR will pay to the DISTRICT the sum of one
thousand Dollars ($ 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
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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 Reaistered. 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. Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2, copies of the
prevailing rate of per diem wages can be found at http://www.dir.ca.gov/OPRUPWDrindex.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 1775, 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. Pena . 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
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or subcontractor, in accordance with Section 1775 of the Labor Code of the State of California.
15. 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. Lepal 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.
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CHANGE ORDERS/ EXTRA TIME/ EXTRA WORK
21. Request for Extra Time or Additional Compensation. The following provisions
must be strictly complied with to obtain additional time to complete the job or to obtain additional
compensation:
(a) Request 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 shall 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.
(b) Request for Change Order — Additional Compensation Sought.
(i) Should CONTRACTOR claim 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 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 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) Reguest for Change Order — DISTRICT Form 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. 0.0
Contractor's Initials
(d) Change Order. Should DISTRICT agree that a change order is warranted for
either additional time or compensation, a written change order shall 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,
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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.
(e) Change Order Authority. The following authority is given to approve Change
Orders:
(i) Change Orders for Extra Time. The District Manager shall have the
authority to grant extra days without limit.
(ii) Change Orders for 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. Damages I Extra Work Compensation. 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
Mark-up
Labor 20%
Materials 15%
Equipment Rental 15%
Other Items 15%
Subcontracted work 10% (first $5,000)
Subcontracted work 5% (work in excess of first $5,000)
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 "Eichleay 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 Initials
SUBCONTRACTING
23. Subcontracting. CONTRACTOR acknowledges that he or she is aware of the
provisions of the "Subletting and Subcontracting Fair Practices Act" (Public Contract Code
Sections 4100 et sea.) 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
HGSD 2016 GIP A-6 Agreement
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
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.
27. Indemnity. CONTRACTOR shall indemnify, defend with legal counsel approved
by DISTRICT, and hold harmless DISTRICT, and its officers, officials, employees, and volunteers,
HGSD 2016 CIP A-7 Agreement
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
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 lndemnitee. 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
HGSD 2016 CIP A-S Agreement
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.
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.
HGSD 2016 CIP A-9 Agreement
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
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 VII (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
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nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
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 written 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 form required by the CONTRACT
DOCUMENTS. The amounts of the Payment Bond and Performance Bond shall be increased
HGSD 2016 CIP A-11 Agreement
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
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
HGSD 2016 CIP A-12 Agreement
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
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:
HGSD 2016 CIP A-13 Agreement
A. Notice Inviting Bids
B. Proposal
C. District Request for Change Order/Change Order
D. Notice to Proceed
E. Labor and Materials Bond
F. Performance Bond
G. Final Closeout Agreement
H. Plan Drawings Location maps and plans of existing sewer
siphons (#335 Sewer Siphon Rehab — Phase 1)
I. CMSD standard specifications Conditions
J. Special Provisions
K. 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. Intearation/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. Dru9-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:
HGSD 2016 CIP A-14 Agreement
(a) Publicizing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited
in the workplace, and specifying the action it will take against employees for
violation of such prohibition;
(b) 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. Assionment. 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. Sa�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
HGSD 2016 CIP A-15 Agreement
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.
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 II 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.
45. 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 Ave.
Costa Mesa, CA 92626
CONTRACTOR: Insituform Technologies, LLC
580 Goddard Ave.
Chesterfield, MO 63005
46. Gratuities. CONTRACTOR warrants that neither it nor any of its employees,
HGSD 2016 CIP A-16 Agreement
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
with respect thereto.
47. Conflict of Interest. CONTRACTOR warrants that he has no blood or marriage
relationship with, and that it is not in any way associated with, any architect, engineer or other
preparer of the plans and specifications for this PROJECT.
48. Copeland "Anti -Kickback" Act. If applicable to this AGREEMENT,
CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -
Kickback" Act (18 U.S.C. Section 874), as supplemented in Department of Labor regulations,
which Act provides that each contractor shall be prohibited from including, by any means, any
person employed in the construction, completion or repair of any public work to give up any part
of the compensation to which he is otherwise entitled.
49. Attorney's Fees. In any action or proceeding brought by either party against the
other party arising out of or in any way connected to this AGREEMENT, or where any provision
hereof is validly asserted as a defense, the parties shall bear their own attorney's fees, costs, and
expenses. Nothing in this provision shall excuse CONTRACTOR's duty to provide DISTRICT
with a defense at CONTRACTOR's cost when DISTRICT receives a complaint, petition or other
pleading from a third party requiring DISTRICT to defend itself. Notwithstanding the foregoing,
costs and attorney's fees shall be available pursuant to Code of Civil Procedure Section 386.6 in
connection with an interpleader.
50. Assgnment of Riahts. Pursuant to Section 7103.5 of the Public Contract Code,
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 acknowledgment by the parties.
51. SCAQMD and CARS Compliance. CONTRACTOR agrees to comply with all
South Coast Air Quality Management District (SCAQMD) and California Air Resources Board
(CARE) requirements, including, but not limited to, compliance with CARB Regulations limiting
idling of self-propelled diesel -fueled on -road and off -road vehicles and equipment (25 HP and up)
to no more than fire (5) consecutive minutes as specified in Title 13 of the California Code of
Regulations, section 2449 (d)(3), Idling.
52. Mined Construction Materials. CONTRACTOR shall not purchase mined
construction material 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. Refer to the current
3098 list for qualified mining operations at www.consrv.ca.gov/OMR/ab-3098—listicurrent—list.
HGSD 2016 CIP A 17 Agreement
IN WITNESS WHEREOF, the parties hereto have entered into this AGREEMENT the date
and year first above written.
ATTEST:
V11M J, A?C
�istrict Clerk/126blic Inf mation Office
APPROVED AS TO FORM:
COSTA MESA SANITARY DISTRICT:
j
President
()Jzr1'C
Secretary
CONTRACTOR:
Insituform Technologies, LLC
District Counsel
580 Goddard Ave.
APPROVED AS TO CONTENT: Chesterfield, MO 63005
By:
District General Manager— Title:-Whittngy Sc ulte(Kontractim & tino Officer
HGSD 2016 CIP A-1 8 Agreement
STATE OF WdOO (INDIVIDUAL)/(CORPORATION)
MISSOURI ss.
COUNTY OF SAINT LOUIS
On May 17. 2022 , before me, the undersigned, a Notary Public in and for said state,
personally appeared Whittri Schulte. Contracting & Attesting Officer 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.
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.
. 000E PARTWAM
(Notary Public) MY c 1" EqOMW Adw A. =4
HGSD 2016 CIP A-19 Agreement
FAITHFUL PERFORMANCE BOND
PAGE 1
Bond No. 107622849
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)
Insituform Technologies, LLC
580 Goddard Avenue, Chesterfield, MO 63005
hereinafter designated as the "PRINCIPAL," an AGREEMENT for the work described as follows:
Sewer Siphon Rehabilitation Phase 1: Proiect No. 335 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)
Travelers Casualty and Surety Company of America
One Tower Square, Hartford, CT 06183
hereinafter designated as the "SURETY," duty 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. Two Hundred Twenty Sic Thousand* ($ 226,843.00 ), said sum being not
less than one hundred percent (100%) 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. *Eight Hundred Forty Three and 001100's
THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above burdened
PRINCIPAL, histhertits 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 shall become null and void, otherwise it shall be and
remain in full force and virtue.
FAITHFUL PERFORMANCE BOND
PAGE 2
Bond No. 107622849
In case suit is brought upon this bond, SURETY further agrees to pay all court costs and
reasonable attomey'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 terms of the AGREEMENT or to the work or to the specifications.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of ,
CONTRACTOR Insituform Technologies, LLC
(ADDRESS) 580 Goddard Avenue, Chesterfield, MO 63005
PRINCIPAL Insituform Technologies, LLC
By:
Company R sentative
Whittney Schulte, Co sting & Attesting Officer
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 Travelers Casualty and Surety Company of America
By. a .1L
Company Representative
Andrew P. Thome, Attomey-in-Fact
APPROVED AS TO FORM:
District Counsel
Costa Mesa S ' ry District
By /s1
PAYMENT BOND
PAGE 1
Bond No. 107622849
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)
lnsftftm Tedmo ftles, LLC
580 Goddard Averwe, chesterfield, MO 63M
Hereinafter designated as the "Principal", a Contract for the work described as follows:
Sewer Siphon Rehabilitation Phase 1; Project No. 335
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
Travelers Casualty and Surely Company, One Tower Square, Hanford, CT 06183
(Name and Address of Surety)
Duly authorized to transact business under the laws of the State of California, as Surety, are
hell and firmly bound unto the Costa Mesa Sanitary District, In the penal sum of: Two Hundred
Twenty Six Thousand* ($226, 843. oo) aid sum being set per Civil Code Section 9554 at one nunarea
(100%) 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.
Hundred Forty Three arW OOM Ws
THE CONDITION OF THIS OBLIGATION IS SUCH that, if said Principal or his
subcontractors, or the heirs, executors, administrators, successors or assigns thereof, shall fail
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 same, 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 attorney'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
Bond No. 107622849
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 and/or of the work to be performed thereunder.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of 12016.
Insituform Technologies, LLC
Contractor Name
580 Goddard Avenue
Sheet Address
Chesterfield, MO 63005
City, State, Zip Code
PRINCIPAL Insituform Technologies, LLC
By:
Company Represe ive
Whittney Schulte, C cting & Attesting Officer
In accorda ce with the Contract for Sewer Siphon Rehabilitation Phase 1. Proiect No. 335
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
Code of Civil Procedure Section 995.660.
By signing below, Surety certifies that the bonds are issued by an admitted surety.
Travelers casualty and Sun3iv,� Company of America
Name
One Tower Square
Street Address
Hartford. CT 06183
City, State, Zip Code
SURETY
By: a - Company Representative
Representative
Andrew P. Thome, Attomey-in-Fact
APPROVED AS TO FORM:
Alan R. Bums, District Counsel
Costa Mesa Sanitary District
By /st 44 �l : �lt�
State of Missouri
County of St. Louis
On 05/12/2022, before me, a Notary Public in and for said County and State, residing therein, duly
commissioned and sworn, personally appeared Andrew P. Thome known to me to be Attorney -in -Fact
of
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
the corporation described in and that executed the within and foregoing instrument, and known to me to
be the person who executed the said instrument in behalf of said corporation, and he duly acknowledged
to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
stated in this certificate above.
CA 11&�
Christina A. Culotta, Notary Public
CHRISTINA A. CULOTTA
NOTARY PUBLIC - NOTARY SEAL,
STATE OF MISSOURI
001MAINIONEO FOR ST. LOUIS COUNTY
W00NIMI8M EXPIRES AUG. 05, 2023
0 #1931344Z
My Commission Expires:
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State ofC--fie Ufa
County of St. Louis
On .May 12, 2022 before me, Christina A. Culotta, Notary Public — ,
(Here insert name and title of the officer)
personally appeared Andrew P. Thorne, Attorney -in -Fact
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/shetthey 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.
I certify under PENALTY OF PERJURY under the laws of th paragraph
is true and correct. CHRiSTINA A. CULOTTA AW
NOTARY PUBLIC - NOTARY SEAL
STATE OF MISSOURI
COMMISSIONED FOR ST. LOUIS COUNTY
WITNESS my hand and official seal. MY COMMISSION EXPIRES AUG. 05, 2023
ID #t 19313442
CA - Lk)ber
(Notary Seal)
Signature orNotary Public Christina A. Culotta, Notary Public
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Faithful Performance and Payment Bond
(Tide or description ofattached document)
Critic or description of attached document continued)
Number of Pages 5 _ Document Date May 12, 2o22
Travelers Goa and Surety Company of America
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Title)
❑
Partner(s)
N
Attorney -in -Fact
❑
Trustee(s)
❑
Other
2008 Version CAPA vl2.10.07 800-873-9865 %vww.NotaryClasses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Am, acknowledgment completed in California must contain verbiage exactly as
appears above to the notary section or a separate admairledgment form must be
properly completed and attached to that document. The oudy exception is Jr a
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acknoirledpient verbiage as may be printed on such a document so long as the
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Travelers Casualty and Surety Company of America
�► Travelers Casualty and Surety Company
TRAVELERS J SL Paul Fire and Marine insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and
St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein
collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint ANDREW P THOME of
CHESTERFIELD , Missouri , their true and lawful Attomey(s)-in-Fad to sign, execute, seal and
acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of
the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or
guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April,
2021.
conk #
State of Connecticut
BY:
City of Hartford ea. Robert L. RaSenior Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such. being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NBRJIIR' �
My Commission expires the 30th day of June, 2026 +0+
� w A --a' Nowik Notary Public
This Power of Attorney Is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies, which resolutions are now in full fore and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Yore Chairman, any Executive Vice President, any Senior Vice President, any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Attomeys-in-Fad and Agents to ad for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority
may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings
obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may
remove any such appointee and revoke the power given him or her; and it Is
FURTHER RESOLVED, that the Chairman, the President, any Yore Chairman, any Executive Vice President, any Senior Vice President or
any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided
that each such delegation is in writing and a copy thereof is fled In the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance,
or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive
Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the
Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;
or (b) duly executed (under seal, If required) by one or more AtMmeys-in-Fad and Agents pursuant to the power prescribed in his or her
certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President,
any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to
any Power of Attomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of
Attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed
and certified by such facsimile signature and facsimile seal shad be valid and bang on the Company in the future with respect to any bond or
understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing Is a
true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this 12th day of May , 2022 .
•
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Kevin E. Hughes, Assilitent Secretary
To uwarW dye &9utlyenffdty of A& Pb~ afAf o my. PAmm cA# &w at 1-8010-4213VM
Pkae tsrlfar to bbe ab0NF-marred At Wff0fs)-hn-F# and die of the band to ~ V* AvwoerofAUmney Is d