Contract - Manhole Adjusting, Inc. - 2017-07-10 2/15
AGREEMENT FOR PUBLIC WORKS
#311 Manhole Surface Repairs Phase 5
This Agreement ("AGREEMENT") is made and effective as of the 10th of July,
2017, between the Costa Mesa Sanitary District, a sanitary district ("DISTRICT"), and
Manhole Adjusting Inc., ("CONTRACTOR"). In consideration of the mutual covenants
and conditions set forth herein, the parties agree as follows:
1. TERM
This AGREEMENT shall commence on July 10, 2017, and shall remain and
continue in effect until tasks described herein are completed, unless sooner terminated
pursuant to the provisions of this AGREEMENT.
2. SERVICES
The SERVICES to be provided are more particularly described in the Scope of
Services attached hereto as Exhibit"A" and incorporated herein by reference.
3. PERFORMANCE
CONTRACTOR shall perform all SERVICES under this AGREEMENT in a skillful
and competent manner, consistent with the standards generally recognized as being
employed by contractors in the same discipline in the State of California and consistent
with all applicable laws. CONTRACTOR shall provide DISTRICT its work product in
"turnkey" form. DISTRICT reserves the right to perform reasonable testing of
CONTRACTOR's work product before accepting the same. CONTRACTOR shall
warrant that all services provided and equipment installed shall perform in a
workmanlike manner and be fit for its particular purpose.
4. COMPENSATION
Compensation for the SERVICES shall be based on the actual amount of time
spent in adequately performing the SERVICES and shall not exceed the sum of nine
thousand dollars and no cents ($9,000.00). The written change order requirement
cannot be waived. Failure to submit a written change order and receive written
approval by the DISTRICT prior to performing extra work shall constitute a waiver of a
claim for additional time or compensation.
Invoices shall be submitted to DISTRICT monthly as performance of the
SERVICES progresses. DISTRICT shall review and pay the approved charges on such
invoices in a timely manner. SERVICES on the PROJECT shall begin immediately and
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be completed within twelve months of the first date written above. unless extended by
DISTRICT in writing.
5. PREVAILING WAGES
CONTRACTOR understands that this job, if over One Thousand Dollars
($1,000.00) in value and not exempt, requires compliance with the prevailing wage law.
(Labor Code §§ 1720 et seq.) As such, DISTRICT will ascertain the prevailing wages to
be paid on this job from the Director of Industrial Relations. Said amounts are listed at
http://www.dir.ca.gov/dIsr/pwd/index.htm. CONTRACTOR agrees to pay prevailing
wages and maintain prevailing wage records regarding those payments.
CONTRACTOR is also required to comply with the apprentice requirements.
CONTRACTOR shall defend, indemnify, and hold the DISTRICT, its elected officials,
officers, employees, and agents free and harmless from any claim or liability arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws.
CONTRACTOR recognizes that state law makes eight (8) hours a day's work, and any
worker working in excess of that time must be paid overtime. (Labor Code § 1813.)
CONTRACTOR acknowledges that if required, it must be registered with the
Department of Industrial Relations (DIR) to perform this work and affirms that it is
registered. CONTRACTOR agrees to submit electronic payroll information unless this
requirement is suspended by the DIR. District will file a PWC 100 form with the DIR to
register this project.
6. SUBCONTRACTING
This paragraph only applies if this AGREEMENT was awarded following a
competitive bid. If CONTRACTOR submitted a subcontractors list, CONTRACTOR may
only substitute a listed subcontractor by complying with the Subletting and
Subcontracting Fair Practices Act. (See, Public Contact Code §§ 4100 et sea.)
CONTRACTOR cannot perform work using a subcontractor who is debarred.
CONTRACTOR hereby assigns unfair business practice claims (Clayton Act and
Cartwright Act) to the DISTRICT. CONTRACTOR declares by signing this
AGREEMENT that CONTRACTOR did not collude to obtain this job. (Public Contract
Code § 7106.)
7. PROGRESS PAYMENTS
Progress payments may be authorized if this job will take in excess of thirty (30)
days. DISTRICT agrees to promptly make progress payments on undisputed and
properly submitted payment request within thirty (30) calendar days and to comply with
the provisions of Public Contract Code Section 20104.50.
If this AGREEMENT is for at least Five Thousand Dollars ($5,000.00) and
progress payments are made, DISTRICT will retain five percent (5%) of the total
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contract amount until sixty (60) days after the notice of completion is filed. (Public
Contract Code §§ 7107, 9203.) CONTRACTOR may substitute securities in lieu of
retention pursuant to Public Contracts Code Section 22300.
8. INSURANCE
CONTRACTOR shall, at its expense, procure and maintain for the duration of
this AGREEMENT insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of this
AGREEMENT by the CONTRACTOR, its agents, representatives, employees, or
subcontractors. CONTRACTOR shall also require all of its subcontractors to procure
and maintain the same insurance for the duration of this AGREEMENT. If
CONTRACTOR is an employer or otherwise hires one (1) or more employees during
the term of this PROJECT, CONTRACTOR shall procure and maintain workers'
compensation coverage for such employees which meets all requirements of state law
(Labor Code § 1861 CONTRACTOR shall also provide errors and omissions
professional liability insurance appropriate to its profession in an amount, with
conditions, and for a term acceptable to the DISTRICT.
At a minimum, CONTRACTOR is required to submit proof of insurance in
accordance with the following standards:
Minimum Scope of Insurance: Coverage shall be at least as broad as the
latest version of the following: (1) General Liability. Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001): (2) Automobile
Liability. Insurance Services Office Business Auto Coverage form number CA 0001,
code 1 (any auto); and (3) Workers' Compensation and Employer's Liability. Workers'
Compensation insurance as required by the State of California and Employer's Liability
Insurance.
Minimum Limits of Insurance: CONTRACTOR shall maintain limits of no less
than:
(A)General Liability. One Million Dollars ($1,000,000.00) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability
Insurance or other form with general aggregate limit is used, either the general
aggregate limit shall apply separately to this AGREEMENT/location or the general
aggregate limit shall be twice the required occurrence limit.
(B)Automobile Liability. One Million Dollars ($1,000,000.00) per accident for
bodily injury and property damage.
(C)Workers' Compensation and Employer's Liability. Workers'
Compensation limits as required by the Labor Code of the State of California.
Employer's Liability limits of One Million Dollars ($1,000,000.00) per accident for bodily
injury or disease.
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Insurance Endorsements: The insurance policies shall contain the following
provisions, and a separate endorsement stating to add the following provisions to the
insurance policies shall be submitted and approved by DISTRICT:
(A)General Liability. The general liability policy shall be endorsed to state that:
(1) DISTRICT, its directors, officials, officers, employees, agents, and volunteers shall
be covered as additional insureds with respect to the work or operations performed by
or on behalf of the CONTRACTOR, including materials, parts, or equipment furnished in
connection with such work; and (2) the insurance coverage shall be primary insurance
as respects DISTRICT, its directors, officials, officers, employees, agents, and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the
CONTRACTOR's scheduled underlying coverage. Any insurance or self-insurance
maintained by DISTRICT, its directors, officials, officers, employees, agents, and
volunteers shall be excess of the CONTRACTOR's insurance and shall not be called
upon to contribute with it in any way.
(B)Workers' Compensation and Employer's Liability Coverage. The insurer
shall agree to waive all rights of subrogation against DISTRICT, its directors, officials,
officers, employees, agents, and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the CONTRACTOR.
(C)All Coverage. Each insurance policy required by this AGREEMENT shall be
endorsed to state that: (A) coverage shall not be suspended, voided, reduced, or
canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to DISTRICT, and (B) any failure to comply with reporting or
other provisions of the policies, including breaches or warranties, shall not affect
coverage provided to DISTRICT, its directors, official, officers, employees, agents, and
volunteers.
Acceptability of Insurers: Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A-:VIII, licensed to do business in California, and
satisfactory to DISTRICT.
All insurance documents must be submitted and approved by the District's Risk
Manager prior to execution of any AGREEMENT with DISTRICT.
9. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a
professional standard of care for CONTRACTOR's services, to the fullest extent
permitted by law, CONTRACTOR shall indemnify, protect, defend, and hold harmless
DISTRICT and any and all of its officials, employees, and agents from and against any
and all losses, liabilities, damages, costs, and expenses, including attorney's fees and
costs to the extent the same arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of CONTRACTOR, its officers, agents, employees,
or subCONTRACTORs (or any entity or individual that CONTRACTOR shall bear the
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(of
legal liability thereof) in the performance of professional services under this
AGREEMENT.
(b) Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the fullest extent permitted by law,
CONTRACTOR shall indemnify, defend, and hold harmless DISTRICT and any and all
of its employees, officials, and agents from and against any liability (including liability for
claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or
threatened, including attorney's fees and costs, court costs, interest, defense costs, and
expert witness fees) where the same arise out of, pertain to, relate to, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of
this AGREEMENT by CONTRACTOR or by any individual or entity for which
CONTRACTOR is legally liable, including, but not limited to, officers, agents,
employees, or subCONTRACTORs of CONTRACTOR.
10. SAFETY AND SITE CONDITION CONTRACTOR shallp
erform all operations
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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.
11. TERMINATION
DISTRICT may terminate this AGREEMENT at any time with or without cause. If
DISTRICT terminates this AGREEMENT without cause before PROJECT completion,
CONTRACTOR shall be entitled to be paid for SERVICES adequately completed prior
to the notification of termination. CONTRACTOR may terminate this AGREEMENT for
cause only.
12. WARRANTY
CONTRACTOR shall perform, at its own cost and expense and without
reimbursement from DISTRICT, any services necessary to correct errors or omissions
which are caused by CONTRACTOR's failure to comply with the standard of care
provided for herein. CONTRACTOR shall guarantee work done on the PROJECT for a
one-year (1) period commencing on the date of substantial completion. CONTRACTOR
shall warrant that all services provided and equipment installed shall perform in a
workmanlike manner and be fit for its particular purpose.
13. MISCELLANEOUS
This AGREEMENT shall be interpreted according to the laws of the State of
California and any action arising from this AGREEMENT shall be brought in the superior
or federal district court with jurisdiction over DISTRICT.
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This AGREEMENT and the attachments hereto shall contain the entire
agreement between the parties. This AGREEMENT cannot be modified except in a
writing signed by both parties. In the event of inconsistency between this AGREEMENT
and any attachment hereto, this AGREEMENT shall control in all respects.
DISTRICT shall own all work product prepared in the course of providing the
SERVICES under this AGREEMENT. In the event of termination of this AGREEMENT,
CONTRACTOR shall immediately turn all work product over to DISTRICT. If
specialized software or computer hardware is required to view or transmit said work
product, CONTRACTOR shall make that software and hardware available to the
DISTRICT at no cost during normal business hours.
If the Services and Equipment required by this Agreement exceed $25,000 the
CONTRACTOR shall obtain a labor and materials bond on District's form. (Civil Code
Sec 9550) Unless waived by District before contractor has been awarded this
Agreement, a performance bond shall also be required.
This AGREEMENT cannot be assigned without the prior written consent of the
DISTRICT.
DISTRICT acknowledges that if it provides CONTRACTOR with locations of
underground pipelines and DISTRICT is incorrect and those utilities must be relocated,
DISTRICT will pay for those relocation costs in accordance with statutory requirements.
(Government Code §4215.)
If excavation is required, CONTRACTOR agrees to comply with Gov. Code §
2016 and delineate any area to be excavated before contacting The Regional
Notification Center and obtaining authorization to excavate.
CONTRACTOR agrees to provide DISTRICT with notice of any hazardous
materials or subsurface or latent physical site conditions it encounters if this work
involves excavations deeper than four feet (4'). If this exceeds Twenty-Five Thousand
Dollars ($25,000.00) and the excavations exceed five feet (5'), CONTRACTOR must
provide a detailed trenching plan. (Public Contracts Code § 7104; Labor Code §6705.)
DISTRICT shall give CONTRACTOR timely notice of third-party claims.
For claims that are less than Three Hundred Seventy-Five Thousand Dollars
($375,000.00), the provisions of Public Contracts Code Sections 20104 et seq. (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.
CONTRACTOR is and shall at all times remain as to DISTRICT an independent
contractor. No employee benefits shall be available to CONTRACTOR in connection
with the performance of this AGREEMENT. Except for the fees paid to CONTRACTOR
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as provided in this AGREEMENT, DISTRICT shall not pay salaries, wages, or other
compensation to CONTRACTOR for performing any services hereunder for DISTRICT.
DISTRICT shall not be liable for compensation or indemnification to CONTRACTOR for
injury or sickness arising out of performing any services hereunder.
All information gained by CONTRACTOR in the performance of this
AGREEMENT shall be considered confidential and shall not be released by
CONTRACTOR without DISTRICT's prior written authorization. CONTRACTOR shall
not, without written authorization from the General Manager or unless requested by the
District Counsel, voluntarily provide declarations, letters of support, testimony at
depositions, response to interrogatories, or other information concerning the work
performed under this AGREEMENT. Response to a subpoena or court order shall not
be considered "voluntary" provided CONTRACTOR gives DISTRICT notice of such
court order or subpoena.
CONTRACTOR warrants that the individual who has signed this AGREEMENT
has the legal power, right, and authority to make this AGREEMENT and bind the
CONTRACTOR hereto. If you agree with the terms of this AGREEMENT, indicate by
signing and dating two original agreements where indicated below and return both to
the undersigned. Once the documents are fully executed, one original will be returned
to you for your records.
DISTRICT CONT' •C OR
Approved by: Rev'- - ,/and A cepted by:
A
General Manager S re
JOHN CORCORAN
Approved as to Form: Name
ctek...-14 wi~ PRESIDENT
Harper& Burns LLP Title
District Counsel
8/19/17
Date
Exhibit A
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Scope of Service (Attached)
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CD® MANHOLE ADJUSTING INC FROM: ABEL RUIZ
9500 BEVERLY ROAD UTILITY ADJUSTING DIVISION
PICO RIVERA,CA 90660-2135 (323)558-8000,FAX(323)558-8055
General Engineering Lic 398443
DIR NO.:1000004104
BID PROPOSAL abelrurzmdinceitearthlink.net
TO: ROB HAMERS
COMPANY: COSTA MESA SANIT.DIST.
FACSIMILE: (949)548-6516
Date: 8/8/2017
SEWER MANHOLE SURFACE REPAIRS,PHASE 5 AT VARIOUS
Project LOCATIONS,PROJECT NO.311 BID DATE: 8/8/2017
Owner: COSTA MESA SANITARY DISTRICT BID TIME: 10:00AM
ITEM DESCRIPTION Qty Max Depth(s) Unit Price UNIT TOTALS
Adjust 24"diameter Manhole(EXCLUDES
N/A FRAME&COVER) 18 8"SECTION $ 500.00 $ 9,000.00
CONSIDERATIONS:
WORK HOURS:7:00AM TO 3:30PM,MONDAY TO FRIDAY.
Costa Mesa Sanitary District will pay all the City of Costa Mesa Encroachment Permit fees and inspection fees.
IBID TOTAL: I $ 9,000.00
PRICES BASED UPON MANHOLE ADJUSTING INC'S SCHEDULE "A"
If you do not have a copy of our Schedule A,let us know,and we will fax It.
We measure maximum depth(s)from top of finish grade to bottom of frame&cover or steel plate,except
when It is only 2"to 3"overlay.
MANHOLE PRICES EXCLUDE ANY UNING APPLICATION UNLESS NOTED.RAISED PRICES BASED UPON DELIVERY OF MATCHED FRAME&
COVER BY PRIME CONTRACTOR TO PROJECT SITE AND PICKUP OF PLATES BY PRIME CONTRACTOR AT JOB SITE,IF MANHOLES WERE
LOWERED BY OTHERS.
PRICES BASED UPON ONE(1)MOVE IN.
MINIMUM OF THIRTY(30)-DAY NOTICE IS REQUIRED IN ORDER TO SCHEDULE OUR WORK.
Please contact us If there is any transmission problem at(323)558-8000.
Approved by:
Name&Signature Date Company Name
Y:\MANHOLE\BIDS\2017\COSTA_MESA_MH SURFACE_REP 080817proposal Printed on:8/7/2017 1:36 PM
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MANHOLE ASPHALT RUBBER APPLICATORS
ADJUSTING INC. VOICE: 323-558-8000 FAX: 323-558-8055
®GENERAL ENGINEERING LIC.398443 9500 BEVERLY RD., PICO RIVERA, CA 90660-2135
SCHEDULE A
A. Manhole Adjusting Inc. (Subcontractor) and Contractor agree that Subcontractor is
not required to,and shall not perform any extra or change order work without first obtaining
written authorization from the Contractor to do so. Prices for all work to be performed by the
Subcontractor as set forth in any Subcontract Agreement are based upon, and subject to
the following applicable conditions:
1. It shall be the Contractor's responsibility to locate all manholes, water valves and
other items to be adjusted by Subcontractor. The term"locate"as used herein shall mean
that the manholes, water valves, etc., to be readjusted will be marked outside of the travel
way and indicated with two tangent points marked on the top of curb or other non-traffic
location which intersect at the middle of the structure. All markings are to be indelible and
legible. In the event that the Contractor fails to mark,or incorrectly marks manholes and/or
other items to be adjusted by the Subcontractor, and, further, in the event that the
Subcontractor shall thereafter be required to mark said items, all costs incurred by the
Subcontractor to locate unmarked or incorrectly located items shall be charged to the
Contractor on a time and material basis. For purposes of this Subcontract Agreement,the
term "time and material basis" shall mean Subcontractor's direct costs for all labor,
equipment and material, including pavement repairs, plus a markup predicated upon the
Standard Specifications for Public Works Construction (2000 edition).
2. All Subcontractor prices are based upon one"move in"unless otherwise specifically
indicated in the Subcontract Agreement. In the event that more than one "move in" is
required, said additional "move in (s)" shall constitute a change in the Subcontract
Agreement and the price for said changed work shall be subject to a written change order
executed by the parties to this Subcontract Agreement based upon a price mutually
agreeable to each party.
3. All Subcontractor prices are based upon the structural section thicknesses,including,
but not limited to, hot mix asphalt(HMA),base,and subbase,as set forth in the plans for the
contract work or as represented by the Contractor. Prices for adjusting manholes on
resurface projects are based upon a maximum 2 inch HMA section over the top of the frame
and cover. Other depth measurements will be determined by the distance from the bottom
of the frame and cover or cover plate to the finished grade.
4. In the event that an item to be adjusted by the Subcontractor is not marked or is
mismarked which requires the Subcontractor to move on to the project after completion,the
price for said work shall be charged by Subcontractor to Contractor on a time and material
basis as that term is used in paragraph 1 of this Schedule A, or at a price mutually
agreeable to each party.
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SCHEDULE A
Manhole Adjusting Inc
5. All Subcontractor prices are based on adjusting manholes 24 inches in diameter; 6
inches vertical as it relates to the manhole frame and cover; and a maximum of 12 inch
width excavation outside the edge of frame and cover; and 8 inches in diameter and 12
inches vertical as it relates to water valve frames and covers; and a maximum of 12 inch
width excavation outside the edge of the water valve frame and cover.
6. All Subcontractor prices exclude: lowering manholes to grade; structural
reconstruction(brick);eccentric cone removal; breakdown of manholes to accommodate 24
inch reduction; T lock or any other lining application; manhole plating; step removal and/or
step replacement below maximum depths set forth in subcontractor's Bid Proposal(unless
above listed items are specifically quoted at time of bid and included in the Subcontract
Agreement). Prices set forth in this Subcontract Agreement,as it relates to Subcontractor's
work, are based on raising the manholes and water valves to grade only.
7. All Subcontractor prices are based on estimated quantities. In the event the
estimated quantities are decreased twenty-five percent(25%)or more,such decreases shall
constitute a change order, and the price for such changed work shall be determined as set
forth in paragraph 1 of this Schedule A or at a price mutually agreeable to each party.
8. All Subcontractor prices do not include the cost of replacing manholes and/or water
valve frames and covers unless specifically so indicated in the Subcontract Agreement.
Subcontractor shall be paid by Contractor for all manhole and/or water valve frames and
covers replaced. Subcontractor looks solely to the Contractor for payment (for replaced
manhole and/or water valve frames and covers), which payment is not conditioned upon
whether the Contractor is or is not paid by the person or entity to whom the Contractor is
providing services, or otherwise.
9. All Subcontractor prices for water valves do not include: cleaning, removal, or
replacement of the riser pipe where the elevation of the riser pipe is below that shown on
plans or specifications for the structural section.
10. All Subcontractor prices exclude the cost of cleaning any manhole(including frames
and covers)or other structures(including frames and covers)in those circumstances where
the material which is to be cleaned and/or removed from the manholes and/or other
structures was placed there by others and/or acts of God, such as rain, flood, current or
previous paving operations, etc. If the Subcontractor is directed by the Contractor to clean
debris and material deposited in or on the structures by persons other than the
Subcontractor, or by acts of God as defined herein, the cost of such work will be charged
the Contractor by Subcontractor on a time and material basis as that term is defined in
paragraph 1 of this Schedule A, or at a price mutually agreeable to each party.
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SCHEDULE A
Manhole Adjusting Inc
11. All Subcontractor prices exclude the cost of any and all hazardous material removal,
including but not limited to asbestos contained in transite pipe. The price for said work shall
be charged by Subcontractor to Contractor on a time and material basis as that term is used
in Paragraph 1 of this Schedule A, or at a price mutually agreeable to each party. All
hazardous materials manifested from the project site shall list either the Contractor or
Agency for which work is performed, as the generator of the hazardous material. The
Contractor shall indemnify and hold Subcontractor harmless at Contractor's sole cost for
any claims, damages, litigation, administrative procedures and hearings or other demands
against Subcontractor arising out of or relative to any work performed for Contractor at and
upon a construction site which contains or is claimed to contain hazardous materials or
substances.
12. All Subcontractor prices do not include the cost of excavation, backfill or other items
of work incident to the adjusting of manholes wherein the cover plate for manholes exceeds
48 inches and/or 18 inches in diameter for water valves.
13. Except as a result of Subcontractor sole negligence, Subcontractor is not responsible
for frames and covers which do not properly fit together, or consequences resulting from
frames and covers which do not properly fit together, adjusted as a result of Subcontractor's
performance of this Subcontract Agreement. All frames and covers not removed by
Subcontractor shall be delivered by the Contractor to the location where the utility is to be
adjusted, pursuant to Subcontractor's daily delivery requirements. Subcontractor is not
responsible for cover plates owned by Contractor that are removed by Subcontractor in
performance of this Subcontract Agreement. All cover plates owned by Contractor shall be
placed by Subcontractor adjacent to the item adjusted at the edge of the roadway or the
sidewalk. It shall be the Contractor's responsibility for removal of all of Contractor's cover
plates left on the project site by Subcontractor during performance of the Subcontract
Agreement.
14. Subcontractor is not responsible for unknown line, traffic loop or service damage
which occurs as a result of Subcontractor's performance of this Subcontract Agreement and
not due to Subcontractor's negligence unless such line,traffic loop or service, is indicated to
Subcontractor by Contractor prior to actual construction and visibly marked on the pavement
prior to the beginning of work by Subcontractor.
15. All Subcontractor prices, unless otherwise specifically indicated in the Subcontract
Agreement, are based on the Subcontractor's performance during daily (Monday thru
Friday) daytime hours of work; and 8-hour work shifts; and light to moderate traffic
conditions. Subcontractor includes in all prices set forth herein traffic control, except
sequential arrows unless specifically set forth in the Subcontract Agreement.
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SCHEDULE A
Manhole Adjusting Inc
16. All Subcontractor prices are based upon the construction procedures detailed in
Sections 301-1.6, 301-1.7 of the Standard Specifications for Public Works Construction,
2000 edition.
17. Contractor agrees that Subcontractor is not bound by provisions of any bargaining
agreements to which contractor is signatory except to the extent of Subcontractor's
collective bargaining agreements with the International Union of Operating Engineers Local
12 and the Southern California District Council of Laborers.
18. Subcontractor's performance of any work set forth in this Subcontract Agreement
shall be excused and extended by virtue of any delay caused by Acts of God, acts of the
owner or owner's agent, acts of the Contractor, other subcontractors, suppliers of material
and/or equipment, inclement weather, labor strike and/or disputes, acts of public utilities,
public bodies, inspectors, extra work, or other such contingencies unforeseen by and
beyond the reasonable control of Subcontractor.
19. Payment terms: Open account credit and/or terms are conditioned upon the sole
approval of Subcontractor. Subject to credit approval, progress payments shall be made in
accordance with receipt of monies from Owner/Prime Contractor,subject to acceptance of
Subcontractor's work and materials by owner, but shall in no event be more than 60 days
from date of completion of work by Subcontractor. All retention is to be paid within 10
calendar days from receipt of monies by Contractor from the entity to whom the Contractor
is providing services, but in no event later than 170 days following completion of each
mobilization by Subcontractor. Subcontractor looks solely to the Contractor for payment
(progress payments and/or retention),which payment is not conditioned upon whether the
Contractor is or is not paid by the person or entity to whom the Contractor is providing
services, or otherwise. No claims will be honored unless written notification with a detailed
itemization is provided to Subcontractor within 10 calendar days from date work is
performed. Overdue accounts shall bear interest at the maximum legal rate a non-
institutional lender is permitted by law to charge on the date this Subcontract Agreement is
accepted and, if at any time in Subcontractor's opinion, the financial responsibility of the
Contractor becomes impaired, is unsatisfactory, or if payment is not received as agreed,
Subcontractor shall have the right to stop and/or suspend work until reasonable assurances
of financial ability and/or payment are received to Subcontractor's satisfaction.
20. In the event that Subcontractor and Contractor ("Parties") have a dispute which
relates to or arises out of this Subcontract Agreement, such dispute or disputes shall be
resolved through arbitration under the auspices of the American Arbitration Association
located in Los Angeles, California, pursuant to the Construction Industry Rules. The party
which prevails in such arbitration or, if arbitration is waived, then in such other proceeding,
including a lawsuit, shall be entitled to recover its actual attorneys' fees incident to the
arbitration, as well as actual costs, including but not limited to expert witnesses and fees
paid to the American Arbitration Association.
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SCHEDULE A
Manhole Adjusting Inc
21. In the event of a conflict between the terms and conditions of this Schedule A and
those terms and conditions of another Contractor document or documents, the terms and
conditions of Schedule A shall take precedence and will be controlling.
22. Performance of any work on this order by Subcontractor or delivery of any of the
material described herein constitutes acceptance of this order and all of the terms and
conditions in their entirety by the Contractor.
23. This Subcontract Agreement constitutes a single integrated contract relative to the
subject matter thereof. There are no covenants,agreements, representations or warranties
of any kind, be they written or oral whatsoever, made by any party except as specifically set
forth in this Schedule A. All prior discussions and negotiations have been,and are merged,
integrated and are superseded by this Schedule A. This Schedule A may not be amended
or revised except by a written authorization signed by the Contractor and Subcontractor.
SUBCONTR A 'r • ': CONTRACTOR:
MANHOLE A "/NG INC.
By: By:
J oh Corcoran, President
Date: Date:
Z:IENGRNGISUBCOM1Manhole_Sub‘SCHEDA-REV09.DOC REVISED:9/4/07 5 of 5
Abel Ruiz
From: Rob Hamers[rhamers@robhamers.com]
Sent: Friday,August 18, 2017 3:00 PM
To: Abel Ruiz
Subject: CMSD#311 Manhole Surface Repairs Agreement; Phase 5
Attachments: MH Adjusting-CMSD Contract.pdf
Hi Abel,
Here is the contract for the manhole work. Please sign and return with evidence of insurance along with the
endorsement. No bonds are required.
Your proposal will be Exhibit A to the agreement.
Please confirm receipt and thank you!
Rob Hamers, PE
DISTRICT ENGINEER I COSTA MESA SANITARY DISTRICT
290 Paularino Avenue,Costa Mesa, CA 92626
phone(949)548-1192 I cell(714)293-2727 I fax(949)548-6516
Irvine office email: rhamers(c)robhamers.com I Costa Mesa office email:jjacksonia robhamers.com
Please note our new address above ...
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