Contract - Professional Pipeline Services - 2016-06-21CONTRACT
Grade 5 Wastewater Pipeline Repairs
Professional Pipe Services
This agreement (hereafter "AGREEMENT") is made and entered into this \ 3�'
day of June, 2016, by and between the Costa Mesa Sanitary District, a sanitary district
(hereafter "DISTRICT"), and Professional Pipe Services, a Division of Hoffman
Southwest Corporation (hereafter "CONTRACTOR").
I. Scope of the Work. CONTRACTOR agrees to furnish to DISTRICT all
labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately perform the services described in Exhibit "A,"
attached hereto and incorporated by reference. The services described in Exhibit "A."
shall be referred to as the "PROJECT." The PROJECT shall be subject to, and
performed in accordance with, this AGREEMENT, the attached exhibits, and all
applicable local, state, and federal laws, rules, and regulations.
2. The Contract Sum. DISTRICT agrees to pay and CONTRACTOR
agrees to accept in full payment for all work agreed to herein the sum of: Forty Five
Thousand Two Hundred Ninety Dollars ($45,290.00).
3. Time of Performance and Liquidated Damages. Time is of the essence
of this AGREEMENT. The work shall commence, within five! (5) days of DISTRICT
issuing a "Notice to Proceed" and shall be completed within Forty -Five (45) working
days thereafter. CONTRACTOR shall forfeit as liquidated damages the amount of Two
Hundred and Fifty Dollars ($250.00) per calendar day to compensate DISTRICT for the
loss of use of the public facility. The parties agree that liquidated damages only
measure the damage to the public caused by loss of use or untimely completion of a
public facility and that actual damages may also be recovered in addition to liquidated
damages. DISTRICT may deduct liquidated damages and actual damages from
payments owed to CONTRACTOR.
4. Extra Work and Change Orders. At any time during the term of this
AGREEMENT, DISTRICT may request that CONTRACTOR perform EXTRA WORK.
"EXTRA WORK" means any work that is necessary for the proper completion of the
PROJECT but which the parties did not reasonably anticipate would be necessary at
the time of execution of this AGREEMENT or work outside of this AGREEMENT that is
requested by DISTRICT. CONTRACTOR shall not perform, nor be compensated for,
EXTRA WORK without a written change order that is authorized and signed by
DISTRICT. The written change order requirement cannot be waived.
PWK 30U 12 10
If CONTRACTOR encounters conditions that require EXTRA WORK,
CONTRACTOR must notify DISTRICT in writing in a written change order request
within fifteen (15) days of encountering said conditions. The failure to submit a written
change order request shall constitute a waiver of CONTRACTOR's claim for additional
time or compensation for EXTRA WORK. The written change order requirement cannot
be waived.
The following formula shall be used to measure CONTRACTOR's damages or
EXTRA WORK. CONTRACTOR shall be limited to the following:
Direct costs
Labor
Materials
Equipment Rental
Other Items
Subcontracted work
Subcontracted work
Specialty Subcontracting
(required by EXTRA WORK)
Mark-up
20%
15%
15%
15%
10%
(first $5000)
5%
(work in excess of first
$5000)
5%
(Provided at least three
competitive bids are
obtained and contractor
selected the lowest bidder)
Excluded from recovery shall be "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 CONTRACTOR's recovery for damages or
EXTRA WORK is limited as provided in this paragraph.
CONTRACTOR's
initials
te,--�
5. Contractor's Performance and Qualifications. CONTRACTOR shall
perform all services required under this AGREEMENT in a skillful and competent
manner, consistent with the standards generally recognized as being employed by
persons and professionals in the same discipline in the State of California.
CONTRACTOR represents and maintains that it is skilled in the calling necessary to
perform the PROJECT. CONTRACTOR warrants that all employees and
subcontractors have sufficient skill and experience to perform the services assigned to
them. CONTRACTOR represents that it, its employees, and subcontractors have all of
the licenses, permits, qualifications, and approvals that are legally required to perform
the PROJECT, including a City Business License, and that such licenses and approvals
shall be maintained throughout the term of this AGREEMENT. CONTRACTOR agrees
that CONTRACTOR has the contractor's license required to do this job, and any other
2
PWK 30U 12 10
contractor's license requested by DISTRICT, and that CONTRACTOR's License No is:
761395
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 Contract Code §§ 4100
et seg.) CONTRACTOR cannot perform work using a subcontractor who is debarred.
CONTRACTOR hereby assigns unfair business practices 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. Prevailing Wages. This is a Public Work. (Labor Code § 1781.) 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 seg.) 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 hftp://www.dir.ca.gov/disr/pwdfindex.htm.
CONTRACTOR understands that CONTRACTOR is required to pay prevailing wages,
unless exempt, and is required to maintain prevailing wage records and comply with
statutory requirements relating to certified copies of payroll records. (Labor Code §
1776.) CONTRACTOR agrees to keep electronic payroll records in compliance with the
Department of Industrial Relations requirements. CONTRACTOR shall defend'
indemnify, and hold 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 legal day's
work, and any worker working in excess of that time must be paid overtime. (Labor
Code § 1810.) Statutory provisions for penalties for failure to comply with wage and
hour laws will be enforced. (Labor Code §§ 1775, 1813.)
CONTRACTOR must comply with statutory requirements relating to the
employment of apprentices. (Labor Code § 1777.5.)
CONTRACTOR represents that he is registered with the Department of Industrial
Relations pursuant to Labor Code Section 1725.5
8. Workers' Compensation. CONTRACTOR must secure the payment of
workers' compensation to its employees. (Labor Code § 1860; Civil Code § 3400.) By
signing this AGREEMENT, CONTRACTOR acknowledges the following:
3
PWK 30U 12 10
I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.
9. 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 requests 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
contract amount until sixty (60) days after the notice of completion is filed. (Eubric
Contract Code §§ 7107, 9203.) CONTRACTOR may substitute securities in lieu of
retention pursuant to Public Contracts Code Section 22300.
10. insurance.
A. Time for Compliance. CONTRACTOR shall not commence work
under this AGREEMENT until it has provided evidence satisfactory to DISTRICT that it
has secured all insurance required under this Section. In addition, CONTRACTOR shall
not allow any subcontractor to commence work on any subcontract until it has provided
evidence satisfactory to DISTRICT that the subcontractor has secured all insurance
required under this Section.
B. Minimum Requirements. CONTRACTOR shall, at its expense,
procure and maintain for the duration of the AGREEMENT insurance against claims for
injuries to persons or damage to property which may arise from or in connection with
the performance of the AGREEMENT by 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 the
AGREEMENT. Such insurance shall meet at least the following minimum levels of
coverage:
i. 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 I (any auto); and (3) Workers' Compensation and Employer's Liability:
Workers' Compensation insurance as required by the State of California and Employees
Liability Insurance.
4
PWK 30U 12 10
il. Minimum Limits of Insurance. CONTRACTOR shall
maintain limits no less than: (1) 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; (2) Automobile
Liability.- One Million Dollars ($1,000,000.00) per accident for bodily injury and property
damage; and (3) Workers' Compensation and Employees Liability. Workers'
Compensation limits as required by the Labor Code of the State of California.
Employers Liability limits of One Million Dollars ($1,000,000.00) per accident for bodily
injury or disease.
C. 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:
I. 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 theworkor operations performed by or on behalf of CONTRACTOR, including materials, parts,
or equipment fumished 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 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 CONTRACTOR's insurance and shall not be
called upon to contribute with it in any way.
!I. Automobile Liability. The automobile 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
ownership, operation, maintenance, use, loading, or unloading of any auto owned,
leased, hired, or borrowed by CONTRACTOR or for which CONTRACTOR is
responsible; 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 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 CONTRACTOR's insurance and shall not be called upon to contribute with it
in any way.
Ill. 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 CONTRACTOR.
PWK 30U 12 10
iv. All Coverages. 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 of
warranties, shall not affect coverage provided to DISTRICT, its directors, officials,
officers, employees, agents, and volunteers.
D. Separation of Insureds; No Special Limitations. All insurance
required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of
protection afforded to DISTRICT, its directors, officials, officers, employees, agents, and
volunteers.
E. Deductibles and Self -insured Retentions. Any deductibles or
self -insured retentions must be declared to and approved by DISTRICT.
CONTRACTOR shall guarantee that, at the option of DISTRICT, either: (1) the insurer
shall reduce or eliminate such deductibles or self -insured retentions as respects
DISTRICT, its directors, officials, officers, employees, agents, and volunteers, or (2)
CONTRACTOR shall procure a bond guaranteeing payment of losses and related
investigation costs, claims, and administrative and defense expenses.
F. 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.
G. Verification of Coverage. CONTRACTOR shall furnish DISTRICT
with original certificates of insurance and endorsements effecting coverage required by
this AGREEMENT on forms satisfactory to DISTRICT. The certificates and
endorsements for each insurance policy shall be signed by a person authorized by that
insurer to bind coverage on its behalf and shall be on forms provided by DISTRICT if
requested. All certificates and endorsements must be received and approved by
DISTRICT before work commences. DISTRICT reserves the right to require complete,
certified copies of all required insurance policies, at any time.
11. Indemnification. CONTRACTOR shall defend, indemnify, and hold the
DISTRICT, its officials, officers, employees, and agents free and harmless from any and
all claims, demands, causes of action, expenses, liabilities, losses, damages, and
injuries to property or persons, including wrongful death, 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, save and except that caused
by DISTRICT's sole or active negligence or willful misconduct.
6
PWK 30U 12 10
12. Bonds. If this PROJECT is over Twenty -Five Thousand Dollars
($25,000.00), CONTRACTOR must post a payment Tabor and materials) bond on
DISTRICT's form. (Civil Code § 9550.) No work shall be performed until all insurance
and bonds required by this AGREEMENT are on file and this AGREEMENT has been
properly executed.
13. 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.
14. Termination. DISTRICT reserves the right to terminate this
AGREEMENT at any time, with or without cause. CONTRACTOR will be entitled to
payment for work performed up until receipt of the notice of termination unless
CONTRACTOR was in default in CONTRACTOR's performance.
Any employee of CONTRACTOR or its subcontractors who is determined by
DISTRICT to be uncooperative, incompetent, a threat to the adequate or timely
completion of the PROJECT, or a threat to the safety of persons or property, or any
employee who fails or refuses to perform PROJECT in a manner acceptable to
DISTRICT, shall be promptly removed from the PROJECT by the CONTRACTOR and
shall not be re-employed to perform any of the PROJECT.
15. Miscellaneous. 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.)
CONTRACTOR agrees to provide DISTRICT with notice of any hazardous
materials or different subsurface or latent physical site conditions encountered if this
work involves excavations deeper than four feet (4'). (Public Contracts Code § 7104) If
this work exceeds Twenty -Five Thousand Dollars ($25,000) and the excavations
exceed five feet (5'), CONTRACTOR must provide a detailed trenching plan showing
worker protection from caving ground. Labor Code § 6705.)
DISTRICT shall give CONTRACTOR timely notice of third -party claims.
7
PWK 30U 12 10
For claims that are less than Three Hundred Seventy -Five Thousand Dollars
($375,000.00), the provisions of Public Contracts Code Sections 20104 et seg. (Article
1.5 — Resolution of Construction Claims) shall be followed.
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
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.
This AGREEMENT shall be interpreted in accordance with the laws of the State
of California. Any action brought between the parties shall be commenced in the
superior or federal district court with jurisdiction over the DISTRICT.
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.
CONTRACTOR shall provide DISTRICT with drawings of the construction in its
"as built" condition.
COSTA MESA SANITARY DISTRICT
Approved by.
PROFESSIONAL PIPE SERVICES
Reviewed and Accepted by,
01
General Manager Name
Approved as to Content:
4 f
_Rob Harriers
District Engineer
Approved as to Form:
Harper & Burns LLP
District Counsel
8
PWK 30U 12 10
Signature:__
CSMO Snot Renairs C/iM 71 r,
Hoffman Souttrwest Corp. dba
CA license #761395 (A, C34 C42) Professional Pipe Services (Pro -Pipe]
249 S. Paseo Tesoro, Walnut CA 91,799
�.
PRoresa10w O: 909 598 9746 1 f: 909 598 9756
Quow #m- 051216 PIPE SERVICES
JaswWalborn I M: 714 476 9534
Page 1 of 2
1v:-albom@hszvcoro.com aoe.corn
PROPOSAL SUBMITTED TO- DATE
PHONE
Costa Mesa Sanitary District 05.13.16 1949-64S-8400
STREET (Business address)
JOB 1 PROJECT NAME
628 W.19th St
UV Opp Spot Repairs and Top Hat Installs
CITY, STATE AND ZiP CODE
JOB LOCATION
Costa Mesa, CA 92627
Costa Mesa Sanitary District, CA
CONTACT NAME
Prczvaifielq wage rb1 5
Steve Cano scam c ws!,!L Qyy
ITEM
DESCRIPTION
QTY
UNIT
PRICE
TOTAL
1
Pipe 135040 Install 1 UV cured s t re air
1
EA
$980.00
$9800
la
Pi__..pq 135040 Install 2 UV cured To Hats
EA
$980.00
$1,960.Ofl
i b
Pipe 135040 Cleanins to remove root balls in laterals
LS
$980.00
s980.00
2
Ape 135103 Install 1 UV cured spot repair
1
EA
$980.00
$980.00
3
Noe 135120 Install 1 UV cured s t repair
1
EA
980.00
S98fl.00
4
Pipe 138966 Install 1 UV cured snot r air
1
EA
$980.pG
$980 00
S
Pi 138970 Install 1 UV cured spot air
EA
$980.00
S980.60
6
Pi 138979 Install 1 UV cured spot repair
1
EA
$980.00
$980.0
6a
Pi 138979 Install 1 UV cured t hat ..
EA
$980.00
$980.00
7
Pi 138984 Install 1 UV cured spot repair
1
EA
$980.Ofl
S980.00
8
Pipe 139209 Install 1 UV cured spot repair
-1
1
EA
$980.00
$9 00.00
9
Pipe 139233 InstallUV cured spot repair
1
EA
$980.00
$980.00
10
Pipe 139258 Install 1 UV cured spot repair
1
EA
$980.00
$980.00
11
Pi 139269 Install 1 UY cured s t re it
1
EA
$980.00
$98tI00
12
Pipe 139277 Install 1 UV cured spot repair
EA
$980.00
$980.00
13
Pipe 139282 Install 1 UV cured spot repair
1
EA
$980.00
S98fl.00
14
Pipe 139291 Install 1 UV cured spot re it
EA
$980.00
$98000
15
Pipe 139292 Install 1 UV cured spot repair
EA
$980.00
3980.00
16
Pi 139294 Install 1 UV cured re it
1
EA
$980.00
$ggp.00
17
Pipe 135040 Install 1 UV cured spot repair
1
EA
$980.00
$980.00
17a
Pipe 135M Install 1 UV cured lop Hat
1
EA
$980.00
$980.00
18
Pipe 139300 Install 1 UV cured spot repair
1
LS
$980A0
0 $980.0
19
Pi 139301 Install 1 LIV cured s t repair--
EA
$980.00
$980.00
193
Pi 139301 Install 1 UV cured T Hat /
1
EA
$980.00
$980.00
20
Pi 139302 install 1 UV cured ireair
EA
$980.00
$980.00
21
Pipe 139307 Install i UV cured spot repair
1
EA
$980.00
$980.00
22
Pipj 139308 Install 3 UV cured spot repair
3
EA
$980.00
$2940
023
Pia 139309 Install 1 UV cuds t repair
A
$980.00
$98000
24
Pipe 139358 Install 1 UV cured spot repair
1
EA
$980.00
..0
$980.002S
a19360
EA
$980.00
S980.fl026
Pipa 13936Install 1 UY cured spot repair
EA
$980.00
$980.0027
i10777 Install 1 UV cued spot ai
EA
$980.0028
$980.00
9
Pipe1470 Install 1 UV cured spot repair
E
$980.00
$980.0029
pe 1411
i40Install i UV cured s air
EA
$980.00140
$9800030
Pa 42 Install 1 UV cured s repair
1
EA
.00Pi
$980pp
QAA*A
443 Install I UV cured t repair
EA
$980.00
$80.000V
Pipe 149448 fnsbll 1 cud spot reair
1
EA
$980.00
$980.32
0
33
Pipe 150179 Install 1 UV cured se2t real
1
EA
$980.00
$980.00
34
Pi 140911 Install 1 UV cured s t re air
EA
$980.00
$980.00
35
Pi 140911 install 1 UV cured spot repair
1
EA
980.00
$980.00
1
135048 Trim otrudin to
R
1
EA
5350.00
5350.00
2
a 1389T0 Trim trudin to
EA
$350.00
$350.00
3
Pipe 138981 Trim pro-tudiatap
1
LS
$350.00
$350.00
4
S
Pi 139348 Trim Ing tae
Pipe 139349 Trim protruding tap
EA
$350.00
S3S0.00
6
Pi 139350 Trim rotrudin W
EA
EA
5350.00
$3Sfl.00
7
Pi 139359 Trim rotrudin to
EA
3S0.00
$350.00
$350.00
$350.00
8
Pi a 140777 Trim RMtruding tap
1
EA
$350.00
$350 00
9
Pi 138971 Trim protrudingto
EA
$350.00
$350.00
GRAND TOTAL. $45,290.OQ
Page 1 of 2
r*-gL4n 4"nnt R®nsire rAnct» c
EXCLUSIONS ( any qualifications to exclusions are in parenthesis)
1 Bypass pumping and operating pumpstations
2 Environmental/erosion control
3 Permi% licenses and performance bonds
4 Excavation of any kind
5 Access- Owner shall provide adequate access
6 Additional mobilizations- (proposal is based upon 1 instance of mobilization for the above services
7 ____Pipeline Cleanin
WE PROPOSE hereby to famish material and labor -- complete in accordance with above specifications, for the sum of:
Payment terns: Dollars: $45,290.00
30 Days of Invoice This proposal shall be incorporated into the service contract when
Pro Pipe is listed as a subcontractor.
All material is guaranteed to be as specified. Alb work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above
specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. AN agreements are contingent
upon strikes, accidents, or delays beyond our control. Omer to carry general liability, workman's compensation fund and other necessary insurance. Maiamum allowable
interest charge on overdue invoices. Pro -Pipe will provide certificated of insurance upon request•.
Pro Pipe Authorized Signature:
This proposal may be withdrawn by us if not accepted within 30 days.
rACCEPTANCE Of PROPOSAL:
bove prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Requests for additional services be the above outlined scope will be submitted by written change order and payment thereof made accordingly.
Data Customer Signature
Print name/Tide
Page 2 of 2
PAYMENT BOND
PAGE 1
Bond No. 106447580.
Premium: $367.00 The premium is based on the final contract amount.
COSTA MESA SANITARY DISTRICT
PAYMENT BOND
(LABOR AND MATERIAL BOND)
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, the COSTA MESA SANi A Y D STRICT, a municipal corporation, by
minute order of the Board of Directors, adopted on , has awarded to
HOFFMAN SOUTHWEST CORP. dba: Professional ipe Services
CONTRACTOR
(Professional Pipe Services, a Division of Hoffman Southwest Corporation)
HOFFMAN SOUTHWEST CORP. dba: Professional Pipe Services
249 S Paseo Tesoro, Walnut, CA 91799
Hereinafter designated as the "Principal", a contract for the work described as follows:
Install short liners and ton hats for 35 wastewater pipeline sections and remove 9 protruding sewer
laterals.
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 Surety Company of America a CT Corporation
21688 Gateway Center Drive Diamond Bar CA 91765
(Name and Address of Surety)
Duly authorized to transact business under the laws of the State of California, as Surety, are held
and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of. Forty Five Thousand
Two Hundred Ninety and 00/100ths Dollars ($45.290.). said sum being set per
Civil Code Section 9554 at one hundred (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.
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 attorneys 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. 106447680
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 8th
day of June 2016.
HOFFMAN SOUTHWEST CORP.
dba: Professional Pipe Services
Contractor Name
249 S. Paseo Tesoro
Street Address
Walnut CA 91799
City, State, Zip Code
PRI L
B=-=az
Company Re '
preseidative
In accordance with the Contract for HOFFMAN SOUTHWEST CORP. dba: Professional
Pipe Services , 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 Casually and Surety Company of America
Name
21688 Gateway Center Drive
Street Address
Diamond Bar, CA 91765
City, State, Zip Code
SURETY
1/14
By
Company Rep�, entat'
Margie Wager, tom:-ein-Fact
APPROVED AS TO FORM:
Alan R. Bums, District Counsel
Costa Mesa Sanitary District
By /s/
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of San Diego
On AUN d 8 2016 before me,
Date
Aireanna Mannerud Brown
insert Name of Notary exactly as it appears on ft official seat
personally appeared Margie Wager
Name(s) of Siper(s)
0.. AJREANNA MANNERUD BROWN
Commissw No. 2133271
z NOTARY PUBLIC • CALIFORNIA
SAN DIEGO COUNTY
Commis W Expka Nwwnbet 20, 20191
Place Notary Seal Above
, Notary Public,
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 helshe/they
executed the same in hisfher/their authorized capecity(es),
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 y a d an offl ' I seal.
Signature NA I
OPTIONAL
Suture of Notary Pub&c �—
Though the information below is not required by taw it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Tile or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Clakned by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer —Ttle(s):_
❑ Partner ❑ Limited ❑ General
® Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer—rrtJe(s): —
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer is Representing:
OF ATTORNEY IS INVALID
POWER OF ATTORNEY
TRAVELERSJFarmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 224302 Certificate No. 006420388
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc., is a corporation duly organized under the
laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Margie Wager
of the City of Escondido — , State of California , their true and lawful Attorneys) -in -Fact,
each in their separate capacity if more than one is named above, to sip, 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 WITNESSulWHEREOF, the Companies 5 have caused this instrument to be signed and their �corporate seals to be hereto affixed, this
J201
day of y
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
Em
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
C, S U,.q 1 '41 j, N Ty '%40
J16 '10. �"V_ Xy
(1'% jiAV4W
' O=A
M.4e. -.A
COW
?7S E SE A 0,,
LL, � I
WOU
State of Connecticut
City of Hartford ss.
By:
Robert L. Raney, Senior Vice President
16th July 2015
On this the day of before me personally appeared Robert L. Raney, who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers
Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2016. 'ilk Marie C. Tetreault, Notary Public
58440-8-12 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
CALIFORNIA
• • • r CIVIL •
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
State of California
County of Orange )
On 1 before me, _ Kimberly Anne Powell, Notary Public
Date Here insert Name and Title of the Officer y
personally appeared '�'M L4A.�I_
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/herAheir authorized capacity(les), and that by his/herAheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
K'MBERLY ANNE PO Eu.
Q Corru AWN # 2136524
40%q Public • Cai#ornia
M ��MV county
EWn Doe 12 19
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signaturet:�
. n
Signature of Notary Public
OP77ONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document
Description of Attached Docwvmnt
Title or Type of Document:
Document Date:
Signers) Other Than Named Above:
Capact4 ies) Claim VnI=
I
gner's Name:
rporate Officer — Tdle(s):
O Partner — O Limited D General
❑ Individual ❑ Attomey in Fact
❑ Trustee O Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
O Corporate Officer -- Titie(s):
O Partner — O Limited O General
O Individual ❑ Attorney In Fact
❑ Trustee O Guardian or Conservator
O Other.
Signer Is Representing:
02015 National Notary Association • www.NabonalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5,gp7
Scott Carroll
From: Alan Burns <arb@harperburns.com>
Sent: Wednesday, June 15, 2016 6:28 PM
To: Scott Carroll
Subject: Re: PO 37690 Signed Contract, Payment Bond
Hi Scott- the bond looks good. Just a few questions:
1. Was the contract approved on June 10?
2. Who checks to see what bond rating this company has and verifies their status? Did we ever resolve our
checklist discussion?
3. This one is good but next time let's not describe CMSD as a municipal corporation, but as a California
sanitary district.
4. Do you want me to sign the contract also or want until they initial?
Thanks Alan
On Jun 15, 2016, at 9:48 AM, Scott Carroll <scarrollgcrosdca.gov> wrote:
Hi Alan,
Can you please review and approve the attached bond. Also please sign the attached agreement.
PS — Pro Pipe forgot to initial Page 2, so I sent the agreement back to Pro Pipe requesting the initial.
Scott Carroll, SDA, ICMA-CM
General Costa'_Mesa. Sanitary D str (_,t Website:www.crosdca.gov
phone: 949.6415.8400 1 email: scarroll@crosdca.aov
<image002.jpg>
From: Lynda Stodola [mailto:lstodola@hswcorp.com]
Sent: Monday, June 13, 2016 9:59 AM
To: Steve Cano <scano@crosdca.g_ov>; Scott Carroll <scarroll@crosdca.gov>
Subject: FW: PO 37690 Signed Contract, Payment Bond
Please advise DIR Public works job #
Regards,
Ly da Stodora, AR Associate
Hoffman Southwest Corp., dba: Professional Pipe Services
249 S. Paseo Tesoro I Walnut CA 91789
0: 909.598.9743 x6312 I F: 909.598.9756
Istodola@hswcorp.com
<image001.jpg>
THANK YOU FOR YOUR BUSINESS
Please consider the environment before printing this e-mail
11