ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C4
Prepared by:
Erin Adams, Admin Programs Manager
Steve Nowak, Principal Engineer Meeting Date: October 22, 2024 Approved by:
Greg Mayer, Department Director
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: CIP 8244 – SEWER REHABILITATION PROJECT – AWARD OF CONTRACT RECOMMENDATION: Adopt City Council Resolution No. 2024- , approving a contract with Vortex Services, LLC for the Sewer Rehabilitation Project (CIP No. 8244).
CORRELATION TO CITY COUNCIL GOALS: None.
PRIOR ACTION: On June 11, 2024, adopted City Council Resolution No. 2024-86, adopting a Capital Project Budget for Fiscal Years 2024/25 and 2025/26 (Vote: 5-0).
STATEMENT ON THE SUBJECT: Under a previous phase of CIP 8244, the City of Vista had performed Cured In Place Pipe (CIPP) lining of several damaged segments of sewer pipe throughout the collection system. However, several of the segments required additional work to prepare for the CIPP lining that was out of scope with the original contract and were therefore postponed. The City has contracted with its on-call sewer repair contractor and is currently performing the additional work to prepare the CIPP lining. The proposed contract with Vortex Services is to complete the CIPP lining of the sewer mains after the preparatory work is completed.
Sewer manhole rehabilitation is a specialized construction discipline that includes standardized methods and practices which provides Vista the ability to contract the work through a cooperative purchase agreement. The City of Vista is authorized under Vista Municipal Code Section 3.08.060.C, to participate in cooperative purchasing plans, programs, or services. Vortex Services, LLC (Vortex) is a specialty utilities trenchless contractor who is a member of the Houston Galveston Area Council (HGAC) Cooperative Agreement that awarded a contract for these services under a competitive bid and allows other governmental member agencies to utilize it as a cooperative procurement contract. Staff coordinated with Vortex and used its manhole assessment data to develop a scope of work from the HGAC approved bid prices. The agreement with Vortex includes all labor, materials, equipment and incidentals to complete the required manhole rehabilitations for a total cost $332,437.75.
FISCAL IMPACT: The contract is $332,437.75, with a 10 percent contingency for a total budget of $365,681.53. Sufficient funding is budgeted and available in the Fiscal Years 2024/25 and 2025/26 Capital Improvement Budgets in CIP No. 8244, the Sewer Rehabilitation Project Source Appropriation Account (No. 5036620.578999.8244).
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted City Council Resolution No. 2024-166. Vote: 5-0.
MEETING DATE: October 22, 2024 PAGE 2
SUBJECT: CIP 8244 – SEWER REHABILITATION PROJECT – AWARD OF CONTRACT EXHIBITS:
1. City Council Resolution 2024- , approving a contract with Vortex Services, LLC. for the Sewer Rehabilitation Project (CIP No. 8244)
2. Contract with Vortex Services, LLC.
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00029213 7
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING A CONTRACT WITH VORTEX SERVICES, LLC FOR THE SEWER REHABILITATION PROJECT (CIP NO. 8244) The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. Pursuant to section 3.08.060.C of the Vista Municipal Code, staff recommends approving a cooperative procurement contract with Vortex Services, LLC for the Sewer Rehabilitation Project (CIP No. 8244).
2. Action.
A. The contract between the City of Vista and Vortex Services, LLC for the Sewer Rehabilitation Project (CIP No. 8244) is approved, and the Mayor is authorized to execute the contract.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on October 22, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20241010152735
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 1
00108727 1Cooperative Procurement Services (PW)(No RFP) 1 of 10
VORTEX SERVICES, LLC
4888-5535-4342, v. 4
COOPERATIVE PROCUREMENT CONTRACT
FOR CIP 8244 SEWER REHABILITATION
THIS “CONTRACT” is entered into by and between the “Parties” as of ___________________ (“Contract Date”).
1.0 THE “PARTIES”
The “City”:
CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084
Working Contact: Steven Nowak
Billing Contact: Steven Nowak
The “Contractor”:
Vortex Services, LLC, a Delaware limited
liability company
18150 Imperial Valley Drive
Houston, TX 77060
Contact: Ryan Graham
2.0 BASIC TERMS
2.1 Contractor was awarded a contract for Trenchless Pipeline Rehabilitation Services under a competitive bid process from Houston-Galveston Area Council on July 1, 2018 (“Originating Agency Agreement”), which is set forth in Exhibit F, and Contractor has offered to provide goods and/or services to the City on the same terms and conditions that were provided to Houston-Galveston Area Council, except as otherwise modified herein.
2.2 City is authorized under Vista Municipal Code Section 3.08.060.C, to participate in cooperative purchasing plans, programs, or services. The Originating Agency Agreement expressly allows other governmental member agencies, such as City, to utilize it as a cooperative procurement contract.
2.3 The “Required License” for the Work is: California Class A General Engineering.
2.4 Contractor, a contractor holding the Required License, desires to enter into this “Contract” with the City for the Work.
2.5 Contractor has submitted to City a Proposal to perform certain “Services” dated August 9, 2022 (“Exhibit A”).
2.6 The “Project” for which the Services are required is described in Exhibit A.
2.7 Contractor desires to enter into this “Contract” with City for the Services.
2.8 The “Contract Ceiling Price” is in an amount not to exceed $332,437.75.
3.0 CONTRACT TERM
3.1 This Contract shall take effect as of the Contract Date.
3.2 This Contract shall be in effect until June 30, 2025 (“Term”). If the term of the Originating Agency Agreement is extended, the Term may be extended at the City’s option for 10/22/2024 C4 4 of 61
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an additional option period, in increments of the City’s choice, not to exceed the amended term of the Originating Agency Agreement.
3.3 Time is of the essence in this Contract. “Liquidated Damages” for failure to complete the Contract within the Term are $150 per calendar day. The Liquidated Damages compensate for the loss to City resulting from Contractor’s failure to complete the Work within the Term and for the value of the operation of the Work following completion. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty.
3.4 City may terminate this Contract upon 30-days’ written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.
4.0 EXECUTION OF ADDITIONAL DOCUMENTS
As a condition precedent to the effectiveness of this Contract, the Contractor shall execute and deliver to City the following checked document packages:
1. Contractor’s Forms
2. Labor Law Compliance Form, Exhibit D (This Contract requires the payment of prevailing wages.)
5.0 SCOPE
Contractor shall perform all Work including, but not limited to, the furnishing of all tools, equipment, materials, supplies and manufactured articles, and for furnishing all transportation, services, including fuel, power and water, essential communications, and the performance of all labor, work or other operations, as may be required from time to time upon the issuance of a Work Order for the fulfillment of each specific task to be performed under the Contract (“Project”), in strict accordance Exhibit A. The Work shall be complete, and all work, material and services not expressly called for in the Proposal which may be necessary for complete and proper construction to carry out the Contract in good faith, shall be performed, furnished and installed by the Contractor at no increase in cost to the City. In the event of a conflict between the provisions this Contract text and Exhibit A, this Contract text shall control.
6.0 COMPENSATION
6.1 City shall pay Contractor the Contract Price for the successful performance of the Work within the Contract Time, in accordance with the rates set forth in Exhibit A.
6.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.
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6.3 Changes in, additions to, or deductions from the Services, including increases or decreases in the quantity of any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:
6.3.1 The changes, additions, and deductions to be made.
6.3.2 The increase or decrease in compensation due the Contractor, if any.
6.3.3 Adjustment in the time of completion, if any.
6.4 Adjustments in the compensation due the Contractor shall be determined by mutually agreeable lump-sum. If requested by the City's Representative, the Contractor shall furnish an itemized breakdown of the quantities and prices used in computing proposed lump- sum.
6.5 Payment of the undisputed final Contract amount is contingent upon the Contractor furnishing the City with a release of all claims against the City arising by virtue of the Contract related to that amount. Disputed Contract claims in stated amounts may be specifically excluded by the Contractor from the operation of the release.
6.6 In addition to the amount which the City may retain under the above article on progress payments, the City may withhold a sufficient amount or amounts from any payment otherwise due to the Contractor as in its judgment may be necessary to cover:
6.6.1 Payments which may be past due and payable for just claims against the Contractor or any subcontractors for labor or materials furnished in or about the performance of the Work under this Contract.
6.6.2 Estimated or actual costs for correcting defective work not remedied.
6.6.3 Amounts claimed by the City as forfeiture due to delay or other offsets.
6.6.4 Estimated or actual costs for emergency work by City forces, which is a result of the Contractor's neglect or actions.
6.7 The City may apply such withheld amounts or amounts to the payment of such claims at its discretion. In so doing, the City shall be deemed the agent of the Contractor, and any payments so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. The City will render to the Contractor a proper account of such funds disbursed in behalf of the Contractor.
6.8 Contract Ceiling Price
6.8.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this Contract.
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pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.
7.0 CONTRACT DOCUMENTS
The Contract includes the following documents including all additions, deletions, modifications and appendices and all addenda setting forth any modifications or interpretations of any these documents: Exhibits A–E, the Originating Agency Agreement (Exhibit F), the documents required under Section 4, and the Standard Specifications (defined below). In resolving conflicts resulting from any inconsistencies in any of the Contract Documents, the Parties will use the following order of precedence: (1) this Contract and any duly authorized amendments thereto; (2) the Standard Specifications; (3) the documents required under Section 4; (4) Exhibits A-E; and (5) the Originating Agency Agreement (Exhibit F).
8.0 STANDARD SPECIFICATIONS AND STANDARD PLANS
8.1 Except as otherwise provided, whenever reference is made to “Standard Specifications”, it shall mean:
Standard Specifications for Public Works Construction, most current edition and supplement, as last amended, with Regional Supplements, written and promulgated by Southern California Chapter, American Public Works Association, and Southern California District, Associated General Contractors of California, Joint Cooperative Committee (“Greenbook”) and the City of Vista Special Provisions to the Greenbook.
8.2 Except as otherwise provided, whenever reference is made to “Standard Plans”, it shall mean:
San Diego Area Regional Standard Drawings, and City of Vista Standard Drawings, latest edition, unless otherwise noted.
9.0 SUPPLEMENTARY DEFINITIONS
In addition to or in lieu of the terms and definitions specified in Section 1-2 of the Standard Specifications, wherever the following terms and definitions are used, the intent and meaning shall be as follows:
Board: The City Council of the City of Vista.
City: The City of Vista.
Drawings or Plans: All drawings, plans, maps, profiles and diagrams delineating the work on the Work.
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10.0 ADDITIONAL DRAWINGS
When appropriate, the Contractor will be furnished sufficient sets of drawings to properly complete the Work. There will be no charge for such drawings and specifications.
11.0 INTERPRETATION OF DRAWINGS AND SPECIFICATIONS
11.1 Figured dimensions on drawings shall govern, but work not dimensioned shall be as directed. Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Large scale details shall take precedence over smaller scale drawings as to shape and details of construction. Specifications shall govern as to materials, workmanship and installation procedures. Drawings and specifications are intended to be fully cooperative and to agree. The specification calling for the higher quality material or workmanship shall prevail. In the event of any discrepancy between any drawings and the figures thereon, the figures shall be taken as correct. In the event of any doubt or question arising respecting the true meaning of the specifications, reference shall be made to the City Engineer whose decision thereon shall be final.
11.2 Representatives. Each Party shall appoint a representative who shall have the authority to represent and act for that Party (“Representative”). Any written or verbal directions or requests of the City's Representative delivered to the Contractor’s Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.
11.3 Superintendence. The Contractor shall designate in writing a competent supervisor for the Work who must be personally present on the premises where the work on the Work is performed. When work is not in progress and during periods when the work is suspended, arrangements acceptable to the City's Representative shall be made for any emergency work that may be required.
11.4 Advance Notification. It shall be the Contractor's responsibility to determine and notify those agencies requiring advance notification for inspection or other purposes before beginning construction in any area of concern to that agency. A minimum of 48 hours’ advance notice shall be given to the various agencies before beginning construction in the area unless specific advance times and requirements are stated in the Special Provisions or required by the agency. The names and telephone numbers for the respective agencies are listed on the drawings, in the Special Provisions, in the Work Order, or will be otherwise provided as applicable.
11.5 Inspection. The City's Representative shall at all times have access to the work during construction, and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of materials and equipment used and employed in the work. Whenever the Contractor varies the period during which work is carried on each day, it shall give due notice to the City's Representative so that inspection may be provided. Any work done in the absence of the City's Representative will be subject to rejection. All installations which are to be backfilled or otherwise covered shall be inspected by the City's Representative prior to backfilling or covering, and the Contractor shall give due notice in advance of backfilling or covering to the City's Representative so that inspection may be provided. The inspection of the work shall not relieve the Contractor of any of its obligations to fulfill the Contract as prescribed. Defective work shall be made good, and unsuitable 10/22/2024 C4 8 of 61
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materials and equipment may be rejected notwithstanding the fact that such defective work and unsuitable materials and equipment have been previously inspected by the City's Representative or that payment therefore has been included in an estimate for payment.
11.6 Preservation of Property. The Contractor shall exercise due care to avoid injury to existing improvements or facilities, utility facilities, and adjacent property. All buildings and structures and any other improvements or facilities within or adjacent to the work shall be protected from injury or damage, and the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor's operation, they shall be replaced or restored at the Contractor's expense to a condition as good as when the Contractor entered upon the work or as good as required by the drawings and specifications if any such objects are a part of the work being performed.
11.7 Emergency. In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is authorized to act at its discretion to prevent such threatened loss or injury, and it shall so act as though instructed to do so by the City.
12.0 EXISTING UTILITIES AND IMPROVEMENTS
12.1 If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract drawings or specifications, it shall immediately notify the City in writing.
12.2 The fact that existing utilities and improvements, either above or below the ground surface, are not shown in any drawings shall not relieve the Contractor of liability for complete and careful protection of said improvements from damage as specified herein.
12.3 All repairs to damaged utilities and improvements shall be inspected and approved by an authorized representative of the City before being concealed by backfill or other work.
13.0 UTILITY SERVICE INTERRUPTION
In all cases of alteration or relocation of service connections, the Contractor shall notify the City a minimum of four hours prior to said alteration or relocation, and service connection shall be returned to service in an amount of time not to exceed four hours.
14.0 MAINTENANCE AND GUARANTY
14.1 The Contractor hereby guarantees that all work performed by it under the Contract will fully meet all requirements of the Contract as to quality of workmanship and materials furnished by it. The Contractor hereby agrees to make at its own expense any repairs or replacements made necessary by defects in materials or workmanship supplied by it that become evident within one year after the date of final payment, and to restore to full compliance, with the requirements of these specifications part of the Work which during the one- year period is found to be deficient with respect to any provisions of the specifications.
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replacements promptly, the City may do the work and the Contractor and its surety shall be liable to the City for the cost thereof.
15.0 INDEMNIFICATION & WAIVER OF SUBROGATION
15.1 Contractor shall defend, indemnify and hold City and its officers, officials, employees, and volunteers (“Indemnitees”) harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, “Liability”) arising out of or in connection with this Agreement or its performance except: (1) Liability caused by City's sole negligence or willful misconduct; or (2) for Liability caused by City's active negligence, in which case the indemnity received by City shall be reduced by the amount: (i) that City's active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law (“Duty of Indemnification”). This Duty of Indemnification is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.
15.2 Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.
16.0 INSURANCE AND BONDS
Contractor shall comply with the insurance and bond provisions set forth in Exhibit C.
17.0 SAFETY
17.1 In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the Work, and the Contractor shall fully comply with all OSHA, State and Federal laws, rules, regulations and orders relating to safety of the public and workers.
17.2 It is the Contractor's responsibility to acquaint itself with and abide by these regulations during all phases of construction. The City will not be responsible for ensuring the Contractor's compliance with these regulations. The Contractor’s duty of indemnification shall apply to any Liability caused by its failure to abide by these regulations.
17.3 The Contractor shall include any and all costs associated with compliance with these safety requirements in the appropriate bid items of Work to be performed.
18.0 PERMITS (CITY AND OTHER AGENCIES)
18.1 After execution of the Contract and prior to beginning work, the Contractor and all subcontractors shall execute a no fee construction permit at the City. A permit will be issued by the Engineering Inspector assigned to the Project for the Contractor and all subcontractors.
18.2 The permittees shall first submit the following documents to the City's Representative or its designee with proof that the policies/licenses are current:
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18.2.1 Contractor's License of appropriate classification.
18.2.2 City Business License. A fee will be charged for any new Business Licenses.
18.2.3 General Liability Insurance Certificate as required by Exhibit C.
18.2.4 Worker's Compensation Insurance Certificate as required by Exhibit C.
18.3 If any subcontractor does not have the amount of liability insurance required in these specifications, the Contractor must produce evidence satisfactory to the City’s Risk Manager that the subcontractor's work is covered by the Contractor's liability insurance policy.
18.4 Agency permits, other than those issued by the City, will generally not be required unless specifically noted. If for some unknown reason the Contractor is required to obtain a permit, the City will compensate the Contractor for its actual cost plus a 10% markup.
19.0 SERVICE OF NOTICE
19.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party’s Representative or by overnight courier service to the Party’s address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.
19.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.
20.0 PUBLIC WORKS CONTRACTS: ASSIGNMENT TO AWARDING BODY In accordance with Section 4551 of the Government Code, the Contractor and subcontractors shall conform to the following requirements. 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 arising from purchases of goods, services or materials pursuant to the public works contract of 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.
21.0 RESOLUTION OF CONTRACT CLAIMS
The provisions of Article 1.5, Chapter 1, Part 3 of Division 2, of the Public Contract Code apply to this Contract. These provisions set forth a procedure for the resolution of disputed construction claims arising from this Contract. These provisions establish procedures for submitting claims and set minimum time limits for responding to such claims. Following a response, if a claim remains in dispute, a meet and confer conference between the claimant and 10/22/2024 C4 11 of 61
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the local agency may be demanded by the claimant. If the dispute remains unresolved following the meet and confer conference, and the claimant proceeds to file a civil action seeking to obtain enforcement and judgment on the claim, the dispute may be submitted to non-binding mediation and, if it remains unresolved, to judicial arbitration.
22.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.
23.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.
24.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California.
If any action is commenced by any Party to this Agreement, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.
25.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.
[Text continued onto page 10.]
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26.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.
“City”
CITY OF VISTA, a chartered municipal
corporation
By:
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
RISK MANAGEMENT REVIEW:
DOLORES GASCON, RISK MANAGER
By:
APPROVED
Amanda L. Guy
20240918153010
“Contractor”
VORTEX SERVICES, LLC, a Delaware
limited liability company
By:
NAME/TITLE
By:
NAME/TITLE
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EXHIBIT A
CONTRACTOR’S PROPOSAL
00108727 1 Exhibit A
4888-5535-4342, v. 2
00108727 1 Exhibit A
4888-5535-4342, v. 2
EXHIBIT A
CONTRACTOR’S PROPOSAL
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SANCON TECHNOLOGIES, INC._ _ ___
GENERAL ENGINEERING CONTRACTOR Tel: (714) 891-2323 STATE CONTRACTORS LICENSE #774055 Fax: (714) 891-2524 DIR REGISTRATION # 1000008879
5841 Engineer Drive
Huntington Beach, CA 92649
Bid # BT24154R1
Date: September 12, 2024
To: City of Vista
Attention: Steve Nowak
Phone: (760) 643-5403 Email: [email protected]
Project: Capri Dr Sewer Lining
Based on information furnished to Sancon, please find below our proposal to rehabilitate the designated 330’ long section of ex. 8-inch VCP Sewer from US MH to DS MH via Sancon CIPP trenchless lining.
Our proposal includes:
Traffic Control
High velocity cleaning of pipeline prior to lining 2 -3 passes Pre-video of pipeline just prior to lining to confirm and document immediate acceptability for lining. Install Sancon CIPP liner at 4.5 mm thickness
Final video inspection to confirm successful CIPP liner installation Assumptions / Notes:
City to provide Vactor at upstream for bypass (2)
Normal working hours M – F 7 AM to 5PM
City to shut of water to affected properties during our work Assumes pipe is acceptable to Sancon for lining no video provided City to post No parking as required
IF short term bypass is required it will cross traffic lanes with flagged traffic control (not anticipated) Proposal is subject to mutually acceptable contract language and must be incorporated in any subsequent contract/purchase order
This proposal excludes:
Private property sewer notices necessary for lateral flow reduction Bypass pumping of any lateral flow
Lining over active infiltration or removal of hardened deposits TC Plans or permits, BMP’s, Survey and Staking, Preparing As-builts Excavation type point repairs of any kind, if required, including pit construction / restoration. Environmental testing or Controls
Price: See Attached HGAC Pricing
STANDBY OR WORK OUTSIDE OF OUR SCOPE WILL BE BILLED AT $350.00 / MANHOUR WHICH IS INCLUSIVE OF EQUIPMENT. PRICE IS BASED ON ONE MOBILIZATION. ADDITIONAL MOBILIZATIONS BILLED AT: $6,950.00 EACH. SANCON SHALL NOT BE RESPONSIBLE FOR LIQUIDATED DAMAGES OR PENALTY DUE TO DELAY BY OTHERS. BOND, IF REQUIRED, WOULD ADD 1% TO TOTAL BID PRICE. PRICE IS BASED ON RETENTION BEING WITHHELD A MAXIMUM OF 90 DAYS AFTER COMPLETION OF OUR WORK. PRICE IS FIRM FOR A PERIOD OF THIRTY DAYS FROM RECEIPT.
PAYMENT TERMS NET 30 DAYS OR PER CONTRACT.
Respectfully Submitted, Accepted By:___________________
Date: ________________
Chuck Parsons
Sancon Technologies, INC. PO:_______________
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EXHIBIT B
NOT APPLICABLE TO THIS CONTRACT
00108727 1 Exhibit B
4888-5535-4342, v. 2
00108727 1 Exhibit B
4888-5535-4342, v. 2
EXHIBIT B
NOT APPLICABLE TO THIS CONTRACT
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00108727 1 Exhibit C, Page 1 of 3
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EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract 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 the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor’s Duty of Indemnification.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
Contractor shall also provide the additional coverages checked below and at least as broad as:
4. Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer to reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect 10/22/2024 C4 28 of 61
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to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.
2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to City for review.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require 10/22/2024 C4 29 of 61
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complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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00108727 1 Exhibit D
4888-5535-4342, v. 2
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1771.1, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law:
1. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor of any tier may be awarded a contract for public work on a public works project without proof of registration with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
2. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“Agency”) and agrees to be bound by all the provisions thereof as though set forth in full herein.
3. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.
4. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor.
5. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
7. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the pro visions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
8. Registrations under Section 1725.5 expire annually at the end of June, and Contractor is responsible for verifying the renewal status of each subcontractor, of any tier, working on this Contract, and providing City with an updated list of all subcontractors and their registration status. Subcontractors who do not timely renew their registration must be removed from the job site until they are registered. The removal of a subcontractor for failure to be registered shall not be cause for any extension of t ime or additional compensation of any nature under the Contract.
9. Contractor shall provide to City, as a condition precedent to the payment of Contractor’s final retention, a complete list of all subcontractors who have worked on the Project, including their registration numbers. This list must be provided at least 30days prior to the payment of the final retention and shall be submitted under penalty of perjury.
10. To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend and hold harmless City, and its directors, officers, employees and agents from and against all liability, excluding penalties assessed 10/22/2024 C4 31 of 61
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against City under Labor Code Section 1773.3, but including, without limitation, associated investigation and administrative expenses, defense costs, reasonable attorneys' fees, expert witness fees, court costs, and costs of alternative dispute resolution, resulting from Contractor’s failure to comply with the provisions of this section and of Article 2, Chapter 1, Part 7, Division 2 of the California Labor Code with respect to Contractor, all subcontractors of any tier, and their respective employees working under this Contract. 11 . California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s 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.”
Signature Date
Name/Title Company:
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EXHIBIT E
SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:
1. State of California grant conditions, as attached.
2. Federal grant conditions, as attached.
3. Other conditions, as attached.
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EXHIBIT F
ORIGINATING AGENCY AGREEMENT
00108727 1 Exhibit F
4888-5535-4342, v. 2
00108727 1 Exhibit F
4888-5535-4342, v. 2
EXHIBIT F
ORIGINATING AGENCY AGREEMENT
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H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Extension - Vortex Services, LLC - Public Services - ID: 12514
Revised 19Mar2024
EXTENSION No. 4 to CONTRACT No. TP07-18
For
Trenchless Pipeline Rehabilitation Services
Between
HOUSTON-GALVESTON AREA COUNCIL
And
Vortex Services, LLC
THIS AMENDMENT modifies the above referenced Contract as follows:
Contract is extended through Jun 30 2025 Midnight CST or the effective date of the contracts resulting from the most recently awarded Request For Proposal (RFP) for Trenchless Pipeline Rehabilitation Services, whichever occurs first.
Unless otherwise noted, this amendment goes into effect on the date signed by H-GAC. All other terms and conditions of this Contract shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized representatives.
Signed for: Houston-Galveston Area Council $docusign:SignHere::InternalSigner
Chuck Wemple
Executive Director
Date: $docusign:DateSigned::InternalSigner
Signed for: Vortex Services, LLC
Printed Name:
Title:
$docusign:SignHere::Customer1
Wesley Kingery
President
Date: $docusign:DateSigned::Customer1
DocuSign Envelope ID: 4EC40B1E-FA90-497B-BC59-F87659CAED1E 5/6/2024
5/7/2024
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