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HomeMy WebLinkAboutC-2582C- 25 ,9.� CITY OF ARCADIA SHORT -FORM CONSTRUCTION CONTRACT SEWER MANHOLE REPAIR AT VARIOUS LOCATIONS This Contract is made and entered into this .2��day of U,az , 2010 by and between the City of Arcadia, a municips: organization organized under the laws of th:: State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 ( "City ") and Sancon Engineering, Inc., a California Corporation with its principal place of business at 5841 Engineer Drive, Huntington Beach, CA 92649 ( "Contractor "). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract. RECITALS A. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose. B. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing sewer manhole repair services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. C. City desires to engage Contractor to render such services for the Sewer Manhole Repair at Various Locations Project ( "Project ") as set forth in this Contract. The City and the Contractor for the considerations stated herein agree as follows: CONTRACT Parties. 1.1 City's Representative. The City hereby designates Tom Tait, Public Works Services Director, or his or her designee, to act as its representative for the performance of this Contract ( "City's Representative "). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or here designee. 1.2 Contractor's Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City ( "'Contractor's Representative "). Following approval by the City, the Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor's RVPUB \SDEITSCH \740726.3 Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor's Representative, Contractor shall provide the information specified above and obtain the City's written approval. 2. Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: General Liability Insurance, Workers Compensation Insurance, Automobile Insurance, Performance Bond, Payment Bond and City Business License. 3. Contractor's Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the "Work "), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit "A" attached hereto and incorporated herein by this reference. Special conditions, if any, relating to the Work are described in Exhibit "B" attached hereto and incorporated herein by this reference. 4. Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City. 5. Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within thirty (30) calendar days, beginning the effective date of the Notice to Proceed ( "Contract Time "). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits "A" or "B" attached hereto, or may be provided separately in writing to the Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and /or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of One Hundred Dollars and No Cents ($100.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract. RVPU B\SDE ITSCH\740726.3 2 6. Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re- employed on the Work. 7. Substitutions / "Or Eaual ". 7.1 Pursuant to Public Contract Code Section 3400(b) the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words "or equal." 7.2 Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any "or equal" material, process or article no later than thirty -five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty -five (35) days after award of Contract. If the City has specified particular deadlines prior to the thirty -five day period after contract award, such deadlines, if any, shall be set forth in the Special Conditions attached hereto. Provisions regarding submission of "or equal" requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed "or equal" substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with the Contractor. 7.3 The City has the complete and sole discretion to determine if a material, process or article is an "or equal" material, process or article that may be substituted. Data required to substantiate requests for substitutions of an "or equal" material, process or article data shall include a signed affidavit from the Contractor stating that, and describing how, the substituted "or equal" material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted "or equal" material, process or article, and substantiates that it is an "or equal" to the material, process or article. The substantiating data must also include information regarding the durability RVPUB \SDEITSCH \740726.3 and lifecycle cost of the requested substituted "or equal" material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution. 7.4 The Contractor shall bear all of the City's costs associated with the review of substitution requests. The Contractor shall be responsible for all costs related to a substituted "or equal" material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400. 8. Stormwater Pollution Prevention Plan. If applicable, the Contractor shall file a Notice of Intent and procure a State Water Resources Control Board (State Water Board) National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity (Permit). The Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) prior to initiating work. The Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, monitoring and reporting requirements as required by Permit. It shall be the responsibility of the Contractor to evaluate and include in the Total Contract Price, the cost of procuring the Permit and preparing the SWPPP as well as complying with the SWPPP and any necessary revisions to the SWPPP. The Contractor shall also include in the Total Contract Price the cost of monitoring as required by the Permit. 9. Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. 10. City's Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the services and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract. 11. Compensation and Payment. 11.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of TWENTY -EIGHT THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($28,400.00) ( "Total Contract Price ") provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City. 11.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion RVPUB \SDEITSCH \740726.3 4 and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. No progress payments will be made for Work not completed in accordance with this Contract. 11.3 Contract Retentions. From each approved progress estimate, ten percent (10 %) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retainage shall be released and paid to the Contractor and subcontractors pursuant to California Public Contract Code Section 7107. 11.4 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor's obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of the Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by the Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 11.5 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any RVPUB \SDEITSCH \740726.3 5 interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City. 12. Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items. 13. Termination. 13.1 If Contractor fails to commence work as provided in this Contract, or fails to make delivery of materials promptly as ordered, or to maintain the rate of delivery or progress of the work in such manner as in the opinion of City's authorized representative will ensure a full compliance with the Contract within the time limit, or if in the opinion of City's authorized representative, Contractor is not carrying out the provisions of the contract in their true intent and meaning, written notice will be served on Contractor and its Surety to provide, within a specified time to be fixed by City's authorized representative, for satisfactory compliance with the Contract. If Contractor neglects or refuses to comply with such notice within the time therein fixed, he /she shall not thereafter exercise any rights under said Contract or be entitled to receive any of the benefits thereof, except as hereinafter provided, and City's authorized representative may, with the approval of the City Council, perform any part of the work or purchase any or all of the material included in the Contract or required for the completion thereof, or take possession of all or any part of the machinery, tools, appliances, materials and supplies used in the work covered by the Contract or that have been delivered by or on account of Contractor for use in connection therewith, and the same may be used either directly by City or by other parties for it, in the completion of the work. 13.2 City has the right to terminate or abandon any portion or all of the work under this Contract by giving ten (10) calendar days written notice to Contractor. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and /or being abandoned. City shall pay Contractor the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Contractor of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. 13.3 Contractor may terminate its obligation to provide further services under this Contract upon thirty (30) calendar days' written notice to City only in the event of substantial RVPUB \SDEITSCH \740726.3 6 failure by City to perform in accordance with the terms of this Contract through no fault of Contractor. 14. Completion of Work. When the Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code. 15. Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City's Representative, whose decision shall be binding upon Contractor. 16. Loss and Damage. Except as may otherwise be limited by law, the Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. 17. Indemnification. 17.1 To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its respective officials, officers, agents, employees, and representatives ( "Indemnitees ") from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages (including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses) or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to tangible property or persons (including wrongful death, accidents or injuries arising from the alleged failure to inspect or to maintain traffic controllers or traffic signals, injuries or damages occurring during the transport of products or in rendering services under the Contract Documents, such as automobile accidents, trip /slip and fall accidents and third party assaults) arising out of or resulting from the performance of the Work or this Contract (including claims made by subcontractors for nonpayment), to the extent that the acts, omissions or willful misconduct are attributable to the Contractor or anyone employed directly or indirectly by any of them. Contractor shall defend, at Contractor's own cost, expense and risk, with legal counsel of Indemnitee's choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its respective officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City and its respective officials, officers, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City and its respective officials, officers, agents, employees, and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782. RVPUB \SDEITSCH \740726.3 17.2 The duty to defend and to hold harmless, as set forth above, shall include the duty to defend as established by Section 2778 of the California Civil Code, and the duty to defend shall arise upon the making of any claim or demand against the City, its respective officials, officers, agents, employees and representatives, notwithstanding that no adjudication of the underlying facts has occurred, and whether or not Contractor has been named in the claim or lawsuit. 17.3 Nothing contained in the preceding sections shall be deemed to obligate the Contractor to indemnify the City or any of the other Indemnitees, against liability for damages or any other loss, damage or expense sustained, suffered or incurred on account of death or bodily injury to active persons or injury to property caused by the sole negligence or willful misconduct of the City or any of the other Indemnitees set forth above. Therefore, if it is determined by legal proceedings or agreement, that the Contractor has no direct contributory or incidental negligence or other obligation to the City or the other Indemnitees, and the Contractor is in no way a proper party to a particular claim, then the Contractor shall not be obligated to hold the City or any Indemnitees harmless with respect to said claim. However, until such determination is made by legal proceedings or agreement, or if the Contractor is found to have any degree of direct or contributory negligence or if it is determined that the Contractor is in any way or to any degree a proper party to said claim, then the Contractor's obligations under all of the terms and provisions of the preceding section shall remain in full force and effect. 17.4 Nothing in this provision, or elsewhere in the Contract Documents, shall be deemed to relieve the Contractor of its duty to defend the City or any Indemnitee, as specified under this Article, pending a determination of the respective liabilities of the City or any Indemnitee, by legal proceeding or agreement. 17.5 In furtherance to, but not in limitation of the indemnity provisions in this Contract, Contractor hereby expressly and specifically agrees that its obligation to indemnify, defend and hold harmless as provided in this Contract shall not in any way be affected or diminished by any statutory or constitutional immunity it enjoys from suits by its own employees or from limitations of liability or recovery under workers' compensation laws. 18. Insurance. 18.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City 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 the City that the subcontractor has secured all insurance required under this section. 18.2 Minimum Requirements. Contractor shall, at its expense, 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, 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 Contract. Such insurance shall meet at least the following minimum levels of coverage: (a) 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); (3) Workers' RVPUB \SDEITSCH \740726.3 8 Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance; and (4) Builders %All Risk: Builders'/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). (b) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Contract /location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) 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 $1,000,000 per accident for bodily injury or disease; and (4) Builders %A11 Risk: Completed value of the project. 18.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (a) General Liability. (1) The City, 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 the City, 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 the City, 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. (b) Automobile Liability. (1) The City, 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 the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, 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 the City, 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. (c) Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, 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. RVPUB \SDEITSCH \740726.3 (d) All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) 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 the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. 18.4 Builders'/All Risk Policy Requirements. The builders' /all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City. 18.5 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 the City, its directors, officials, officers, employees, agents and volunteers. 18.6 Deductibles and Self- Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 18.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 18.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. 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 supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 18.9 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. In addition, Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 18.10 Reporting of Claims. Contractor shall report to the City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract. 19. Bond Requirements. 19.1 Payment Bond. If required by law because the Total Contract Price exceeds $25,000 or otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or RVPUB \SDEITSCH \740726.3 10 approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City. 19.2 Performance Bond. If specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City. 19.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If the Contractor fails to furnish any required bond, the City may terminate the Contract for cause. 19.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California - admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 20. Safetv. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and life saving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site. 21. Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non - conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year RVPUB \SDEITSCH \740726.3 11 (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non - conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non - conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 22. Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal /OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If the Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, the Contractor shall be solely responsible for all costs arising there from. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 22.1 Immigration Reform and Control Act. Contractor acknowledges that Contractor, and all subcontractors hired by Contractor to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act ( "IRCA "). Contractor is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by Contractor to perform services under this Agreement are in compliance with the IRCA. In addition, Contractor agrees to indemnify, defend and hold harmless the City, its agents, officers RVPUB \SDEITSCH \740726.3 12 and employees, from any liability, damages or causes of action arising out of or relating to any claims that Contractor's employees, or the employees of any subcontractor hired by Contractor, are not authorized to work in the United States for Contractor or its subcontractor and /or any other claims based upon alleged IRCA violations committed by Contractor or Contractor's subcontractor(s). 23. Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City's applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project. 24. Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City's review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. 25. Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute. 26. Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities. 27. Labor Code Provisions. 27.1 Prevailing Wages. Funding for the work is with local funds and, as provided under the Owner's Charter will NOT require compliance with the prevailing wage requirements. 27.2 Apprenticeable Crafts. If the Total Contract Price exceeds $35,000 and if Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of RVPUB \SDEITSCH \740726.3 13 properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. 27.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day's work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one -half (1 -1/2) times the basic rate for that worker. 27.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10 -day period, the Contractor shall, as a penalty to City, forfeit not more than $50.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on the Contractor. 27.5 Contractor's Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California 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 agrees to comply with such provisions before commencing the performance of the Work. 28. Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the work governed by this Contract prior to final payment by City. 29. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 30. Anti -Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, the Contractor hereby offers and agrees to assign to the City 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. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become RVPUB \SDEITSCH \740726.3 14 effective at the time the City tender final payment to the Contractor, without further acknowledgment by the Parties. 31. Claims of $375,000 or Less. Notwithstanding any other provision herein, claims of $375,000 or less shall be resolved pursuant to the alternative dispute resolution procedures set forth in California Public Contract Code §§ 20104, et seg. 32. Claims. Pursuant to Public Contract Code Section 9201, the City shall provide the Contractor with timely notification of the receipt of any third -party claim, relating to the Contract. The City is entitled to recover its reasonable costs incurred in providing such notification. 33. Prohibited Interests. 33.1 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability. 33.2 Conflict of Interest. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Work. 34. Certification of License. Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor's license of the classification indicated below under Contractor's signature. 35. General Provisions. 35.1 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: city City of Arcadia 240 West Huntington Drive Arcadia, CA 91066 Attn: Jan Balanay Contractor Sancon Engineering, Inc. 5841 Engineer Drive Huntington Beach, CA 92649 Attn: Chuck Parsons Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 35.2 Time of Essence. Time is of the essence in the performance of this Contract. RVPUB \SDEITSCH \740726.3 15 35.3 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee. 35.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 35.5 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 35.6 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 35.7 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 35.8 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 35.9 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 35.10 Governing Law. This Contract shall be governed by California law. Venue shall be in Los Angeles County. 35.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original. 35.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. 35.13 Attorneys' Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing Party in such action shall be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action. RVPUB \SDEITSCH \740726.3 16 35.14 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party. 35.15 Entire Contract: Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties. IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the day and year first above written. CITY OF ARCADIA By: 12>� Donald Penman City Manager Dated: — 1° ix. 2010 Attest: City djerk Dated: b- 2010 APPROVED AS TO FORM Stephen P. Deitsch City Attorney Dated: /01-\ b 2010 RVPUB \SDEITSCH \740726.3 17 SANCON ENGINEERING, INC. By: 0 S. Z7--) Chuck Parsons Vice President Dated: 2010 CONCUR: 7�q Tom Tait Public Works Services Director Dated: fd - 2,6) 12010 EXHIBIT "A" PLANS AND SPECIFICATIONS The following plans and specifications are incorporated into this Contract herein by this reference: • All work shall be done in accordance with the "Standard Specifications for Public Works Construction ( SPPWC), Latest Edition. • Contractor shall supply all, but not limited to, labor, materials, and equipment necessary to construct and /or install the following improvements. • Contractor shall comply with OSHA Confined Space Entry. • All sewer manhole channel repair shall include the following: o Contractor shall use Sika Top 122 PLUS and Sika Armatec 110 EpoCem products for all sewer channel and shelf repairs and all reinforcement bars shall be deformed bars conforming to ASTM -A706 Grade 60. • Sewer manhole frame and cover shall be per SPPWC 210. • All manhole frame and cover shall be adjusted to grade per SPPWC 205 -1. • Concrete shall be 560 -13-3250 for all work on sewer manholes. • Asphalt Finish Course shall be Asphalt Concrete D1 -AR -4000 (3/8" Course Maximum, 1 '/2" Thick) or Asphalt Concrete D1- PG -64 -10 (3/8" Course Maximum, 1 1/2" Thick). RVPUB \SDEITSCH \740726.3 18 INSTALL MANHOLE FRAME AND CD%rrR (SEE NOTE 1C) INSTALL MANHOLE FRAME AND PROPOSED GRADE OR PROPOSED GRADE OR COVER (SEE NOTE 1C)---\\ / TOP OF MANHOLE TOP OF MANHOLE J EXISTING GRADE OR D TOP OF EXISTING I(SEE NOTE 1B) m 15 mm (1/2 ") CLP.SS 'D" MORTAR o z 7-T- LLi EXISTING It I I I It i ptANR!OLE-��I i � li li II I t 11 i n ill I TI �►I �j j I Ij II I it II II It 1 I II II I I II II II : II L - - -- T- - - - --I 300 mm (12 ") MIN. 610 mm (24 ") MAX. (SEE NOTE 2A) TOP OF EXISTING BRICKWORK - -- MANHOLE , -E — - -- - -I - -- - -- REMOVE EXISTING BRICKWORK TO AN ELEVATION AT WHICH INSIDE DIAMETER OF EXISTING MANHOLE !S NOT LESS THAN 750 mm (30 ") RAISING EXISTING BRICK MANHOLES EXISTING GRADE OR TOP OF EXISTING MANHOLE PROPOSED GRADE OR 1 � TOP OF MANHOLE --1 II I F;--CONSTRUCT BRICKWORK, 1 m (40 ") MIN- 7- INSTALL MANHOLE FRAME AND COVER. (SEE NOTE 1C) TOP OF EXISTING BRICKWORK EI T REMOVE EXISTING EI BRICKWORK TO AN 11 0 ELEVATION AT 1 11 �11� 1 ---� WHICH UPPER 11 PORTION OF MANHOLE CAN BE H RECONSTRUCTED 11 ON A TAPER NOT TO EXCEED TWO m I HORIZONTAL TO FIVE VERTICAL 1' .1 L------ - - - --1 I LOWERING EXISTING BRICK MANHOLES aRaAUt_ca7EO sr THE ( PueucE�ooac COMMA �V CJC�E� Ri�GI rP�5i�1..J`F ` C"i 1.1.� G 1�6�P j SIAIVDHRU PLAN I 11 ffq I I 1 15 mm (1/2 ") 11 II I w CEMENT PLP.STER rr 11 I�� EXISTING polo ---- - - - - -- E EIw S� I! MANHOLE 1' .1 L------ - - - --1 I LOWERING EXISTING BRICK MANHOLES RAISING EXISTING PRECAST CONCRETE SEWER MANHOLES EXISTING GRADE OR TOP OF EXISTING MANHOLE-, - - - - - - - - - - - - - - - - - - - - - - - - i PROPOSED GRADE OR INSTALL MANHOLE TOP (IF MANHOLE FRAME AND COVER ran ns (SEE NOTE IC) r I I I (SEE NOTE 1B).LL�. za I I 1 1 1 I ,-t II 1 0 II I 11 E� 1 E ED w I I I I I n ^v I I I I II �I I I I I I I I I EXISTING LL__________1J MANHOLE I I CIF s-- I I I LL__- __ - - - - -- ! I I t LL------ - - - -1J LOWERING EXISTING PRECAST CONCRETE SEWER MANHOLES BRICK I \AANHOLES PRECAST CONCRETE SEWER MANHOLES STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION aRaAUt_ca7EO sr THE ( PueucE�ooac COMMA �V CJC�E� Ri�GI rP�5i�1..J`F ` C"i 1.1.� G 1�6�P j SIAIVDHRU PLAN I 1964 I �e"!C REV. 1996 iI rl USE K11H STANDARLU SPEC:IFIC:ATIONS FOR PUBLIC, WORKS CONSTRUCTION SHEET 1 CIF X. �¢ rr 11 11 I 11 1 1 1 1 polo ---- - - - - -- E EIw I 1 I O °lw I ! I FIT - - - -- I I I I I I I ! - EXISTING L1____ - -___1J MANHOLE 1 ! I I LL------ - - - -1J I I I I LL----- - - - - -- RAISING EXISTING PRECAST CONCRETE SEWER MANHOLES EXISTING GRADE OR TOP OF EXISTING MANHOLE-, - - - - - - - - - - - - - - - - - - - - - - - - i PROPOSED GRADE OR INSTALL MANHOLE TOP (IF MANHOLE FRAME AND COVER ran ns (SEE NOTE IC) r I I I (SEE NOTE 1B).LL�. za I I 1 1 1 I ,-t II 1 0 II I 11 E� 1 E ED w I I I I I n ^v I I I I II �I I I I I I I I I EXISTING LL__________1J MANHOLE I I CIF s-- I I I LL__- __ - - - - -- ! I I t LL------ - - - -1J LOWERING EXISTING PRECAST CONCRETE SEWER MANHOLES BRICK I \AANHOLES PRECAST CONCRETE SEWER MANHOLES STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION aRaAUt_ca7EO sr THE ( PueucE�ooac COMMA �V CJC�E� Ri�GI rP�5i�1..J`F ` C"i 1.1.� G 1�6�P j SIAIVDHRU PLAN I 1964 I �e"!C REV. 1996 iI rl USE K11H STANDARLU SPEC:IFIC:ATIONS FOR PUBLIC, WORKS CONSTRUCTION SHEET 1 CIF N OTES. GENERAL A. EXCEPT AS INDICATED HEREON OR ON THE MANHOLES SHALL CONFORM TO: SPPWC 200, PRECAST CONCRETE SEWER MANHOLE AND SPPWC 203, BRICK SEWER MANHOLE. B. DIMENSION "D" SHALL BE THE SAME AS THE SIZE OF MANHOLE FRAME AND COVER TO BE USED. C. THE CONTRACTOR MAY REUSE THE EX!STING MANHOLE FRAME AND COVER, UNLESS DAMAGED DURING THE WORK OR WHEN OTHERWISE SHOWN IN THE CONTP.ACT DOCUMENTS. ITEMS DAM�IAGED BY THE CONTRACTOR SHALL BE REPLACED WITH IDENTICAL NEW ITEMS AT NO EXCPENSE TO THE AGENCY'. D. EXISTING STEPS _LOCATED WITHIN ^REMOVAL yLIMITS SHALL BE REPLACED. WHEN I; t.IVIV VAL �r LnIJ -"1! JTtr�J �+%101'JD TiIE IVI /�',P'J r10 LE R�la1 ✓ \V'AI I.IhvalT !. SHOWN ON THE PLANS, THE STEPS SHALL BE REMOVED TO A DEPTH OF 50 mm (2 ") BEYOND THE INSIDE FACE OF THE BRICK MANHOLE AND THE HOLES SHALL BE FILLED WITH CLASS "D" MORTAR. 2. RAISING EXISTING BRICK I'VIIANHOLES A. BRICK MANHOLES TO BE RAISED LESS THAN 300 mm (1') MA:Y BE EXTEND VERTICALLY, PROVIDED THAT AT A DEPTH OF 750 mm (2 1 /2') BELOW THE TOP OF THE MANHOLE AT ITS NEW ELEVATION, THE INSIDE DIAMETER OF THE MANHOLE IS 750 mm (30 ") OR GREATER. B. BRICK MANHOLES TO BE RAISED LESS THAN 90 mm (3 1/2 ") MAY BE RAISED BY APPLYING CLASS "D" MORTAR TO THE TOP OF THE EXISTING BRICKWORK. IF THE BRICK MANHOLE IS TO BE RAISED 90 mm (3 1 /2 ") OR MORE, A NEW COURSE OR COURSES OF BRICKWORK SHALL BE PLACED ON TOP OF THE EXISTING BRICKWORK. 3. LOWERING EXISTING BRICK MANHOLES A. WHERE A BRICK MANHOLE IS TO BE LOWERED LESS THAN 300 mm ('I'), THE FRAME MAY BE RESET ON THE EXISTING BRICKWORK AND THE 1 m (40 ") MINIMUM BRICKWORK RECONSTRUCTION Olv1ITTED, PROVIDED THAT THE BASE OF THE FRAME DOES NOT OVERHANG THE BRICI <WORK ON THE INSIDE SURFACE OF THE N/tANHOLE MORE THAN AN AVERAGE OF 35 mm (1 1/2 ") IN QUADRANT NOR MORE THAN 50 mm (2 ") AT ANY POINT. 4 RAISING EXISTING PRECAST CONCRETE SEWER MANHOLES A. PRECAST CONCRETE MANHOLES TO BE RAISED LESS THAN 75 mm (3 ") MAY BE RAISED BY APPLYING CLASS "D" MORTAR TO THE TOP OF THE EXISTING IVANHOLE, PROVIDED THE TOTAL HEIGHT OF MORTAR, EXISTING AND NEWLY APPLIED, DOES NOT EXCEED 75 mm (3 "). B. WHERE THE PRECAST C01lCPETE MANHOLE IS TO BE RAISED 75 mm (3" OP, MORE, OR WHERE THE TOTAL HEIGHT OF MORTAR, EXISTING AND NEWLY APPLIED, WOULD EXCEED 75 mm (3 ") GRADE RINGS SHALL BE UTILIZED. CLASS "D" MORTAR MAY BE USED FOR FINAL ADJUSTMENT, BUT NOT MORE THAN 75 mm (3 ") IN HEIGHT. WHERE RAISING THE MANHOLE WOULD RESULT IN THE UPPER SEGMENT OF THE SHAFT BEING MORE THAN 750 mm IN HEIGHT, REMOVE THE REDUCER AND THE UPPER SEGMiEI T OF THE SHAFT, INSTALL ADDITIONAL RINGS OR PIPE TO THE LOWS -F SEGMENT OF THE S IAFT, AND REINSTALL THE REDUCER AND GRADE RINCS A,S REQUIRED, STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION S 1 ANDARU PLAN d METR C SH- ° OF 5. LOWERING EXISTING PRECAST CONCRETE SEWER MANHOLES A. REMOVE SUFFICIENT GRADE RINGS TO LOWER THE MANHOLES A.S REQUIRED, APPLY CLASS "D" MORTAR TO A HEIGHT NOT EXCEEDING 775 mm (3 ") FOR ADJUSTMENT TO FINAL GRADE. B. WHERE REMOVAL OF GRADE RINGS WOULD RESULT IN THE UPPER SESILdENT OF THE SHAFT BEING LESS THAN 300 mm (12 ") IN HEIGHT, REMOVE THE REDUCER AND SUFFICIENT SECTIONS OF THE LOWER SEGMENT OF THE SHAFT AND REINSTALL ANY NECESSARY SEGMENT OF THE LOWER SHAFT, THE REDUCER, AND THE GRADE RINGS TO CONFORM TO THE P.EQUIREMENTS OF THIS PLAN. C. EXISTING GRADE RINGS NEED NOT BE REMOVED IF EXISTNG MORTAR IS REMOVED, AND AT LEAST 35 mm (1 1/2") OF MORTAR MAY BE PLACED ON TOP OF THE E)!!STING GR. -.nE PINCS TO RESEAT THE R.-,.ME. 6. REPLACEMENT OF BRICK REDUCER WITH PRECAST CONCRETE REDUCER AND SHAFT UNLESS OTHERWISE INDICATED ON THE PLANS, THE CONTRACTOR MAY INSTALL A PRECAST CONCENTRIC CONCRETE REDUCER, CONCRETE GRADE RINGS, AND CONCRETE PIPE IN LIEU OF RECONSTRUCTING A BRICK REDUCER, PROVIDED: A. THE MAXIMUM ID OF SEWER PIPE CONNNECTED TO THE IJANHOLE DOES NOT EXCEED 200 mm (E "). B. THE CONTRACTOR SECURES PRIOR APPROVAL FROM THE ENGINEER. TO INSTALL THE CONCENTRIC REDUCER ONTO THE MANHOLE SHAFT. THE ENGINEER MAY, AS PART OF THE INSTALLATION P.EOUIREMENTS, REQUIRE THE CONTRACTOR TO COAT THE INSIDE OF THE REDUCER, RINGS, AND PIPE WITH AN APPROVED COATING. C. THE CONCRETE GRADE RINGS, THE CONCRETE P.EDUCEP,, AND ANY CONCRETE PIPE SHALL BE JOINED TOGETHER AND BEDDED ONTO THE EXISTING BR, CK MANHOLE WITH CLASS "D" MORTAR. THE DEPTH, WIDTH, AND THICKNESS OF THE MORTAR SHALL BE OF SUFFICIENT DIMENSIONS TO PROPERLY AND ADEQUATELY JOIN AND BED THE COMPONENT PARTS. i SIANDARD PLAN j STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION M rRi S-)EVER MANHOLE D, SHEET 7 OF I_F SLC 2, h� PLAN OF COVER OP VIEW s47 %,. Al-, �M�iiai %iii I I qI ....viii //% E 'JE E Er- SECTION A END VIEW I OLES 6 -13mm (I /:') RIES SEE DETAIL 01 NOTCHES v 76 mm f3') 76 — LDCKINIO GUIDEL '0 b PLAN OF FRAME SECTION B -B LOCKING GUIDE SIDE VIEW C -C F4^ EIT _.F'. IF m�fi mm 5 e �_]F mm E � I tt i Irn1Y) f yT� T� e, _L. PLAN OF COVER DE TL, IL OF I�JOTCHES BGTTOiIA VIEW STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION ju j,��.�('�( FRAME: I STANDARD PLAN' PROMULOAIrm BY THE f 511 D mm t24-) y"" N OO[ ; E N: AME: METRIC PU13UC WORKS STANDARDS, 1NC.. I LOCKING �` 1 GRE'ENSDOI, COMMITTEE i AN E ' ; 1 V� 19R4 , REV. 1993. +age ncnlr r 6Tlrihlc] cnF- PI IRI IG WORKS CONSTRLICT_IOIJ I SHE77 I OF IJ G TE S 1. THE CAST IR�DN USED SHALL CONFO?Iv/ TD L,STiM A- -B CL�,ES 35E. THE FRAME AND COVER SHALL EE COATED WITH ASPi- IALTUM OR BITUMINOUS PAINT AFTER TESTING AND INSPECTION. 3. COVERS SHALL BE CAST WITH THE LETTER "D" FOR STORM DRAINS AND "S" FOR SEWERS AND THE AGENCY IDENTIFICATION IN ACCORDANCE WITH INSTRUCTIONS FURNISHED BY THE AGENCY. THE LETTER "D" OR "S" SHALL BE APPROXIMATELY 65 mm (2 1/2 ") HIGH WITH 13 mm (1/2 ") LINE WIDTH AND PLACED IN THE CENTER OF THE COVER, ALL LETTERS SHALL BE FLUSH WITH THE FINISHED SURFACE OF THE COVER. 4. FOUNDRY IDENTIFYING MARK, HEAT AND DATE SHALL BE CAST ON THE BOTTOM OF THE COVER AND ON THE INSIDE OF THE FRAME. 5. IMPORTED COVERS AND FRAMES SHALL HAVE THE COUNTRI' OF ORIGIN MARKING IN COMPLIANCE WITH FEDERAL REGULATIONS. S. WEIGHT OF FRAME SHALL BE 73 kg (160 POUNDS). WEIGHT OF COVER SHALL BE 91 kg (200 POUNDS). ACTUAL WEIGHTS SHALL BE WITHIN A RANGE OF 950/70 TO 110 %. 7, THE MANHOLE FRAME AND COVER SHALL BE INSPECTED BY THE ENGINEER PRIOR TO SHIPMENT TO THE JOB SITE. ACCEPTANCE WILL BE INDICATED BY THE AGENCY'S MAR K. S. THE PROOF -LOAD FOR TEST METHOD B OF ESPWC 200 -3.2 IS 228 kN (55,300 POUNDS). 9. COVERS FOR MANHOLES LOCATED IN EASEMiENTS, ALLEYS, PAR�:WAYS AND ALL OTHER PLACES EXCEPT PAVED STREETS SHALL BE PROVIDED WITH SOCKET SET SCREW LOCKING DEVICES. DRILL AND TAP TWO HOLES TO A DEPTH OF '25 mm (1") AT 90 DEGREES TO PICK HOLE AND INSTALL 19 mm 1" 19 mm (3/4" x 3/4") STAINLESS STEEL SOCKET SET SCP.EWS WITH 10 mm (3/8 ") RECESSED HEX HEAD. ALL THREADS SHALL BE N.C. STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION sTnNorRD PLAN METRIC ' 2ID -2 wo CS Io m (` MANHOLE 7r ,AMr 44D CO` LOOKING, E SHEET ^ Qr- _2 Product Data Sheet Edition 8.2003 Identification no. 189 SikaTop 122 Plus Two- component, polymer- modified, cementitious, trowei-grade plus FerroGard 901 penetrating corrosion inhibitor Description SikaTop 122 PLUS is a two - component, polymer- modified, portland- cement, fast - setting, trowel -grade mortar. It is a high performance repair mortar for horizontal and vertical surfaces and offers the additional benefit of FerroGard 901, a penetrating corrosion inhibitor. Where to Use e On grade, above, and below grade on concrete and mortar. • On horizontal surfaces. • As a structural repair material for parking structures, industrial plants, walkways, bridges, tunnels, dams, and ramps. • To level concrete surfaces. e As an overlay system for top pinglresurfacingconcrete. • Overlay in cathodic protection systems. Advantages s High compressive and flexural strengths. • High early strengths. Opens totrafficfast: foot in4- 6 hours, pneumatic tire in8 -12 hours. • High abrasion resistance. • Increased freeze /thaw durability and resistance to deicing salts. ar Compatible with coefficient of thermal expansion of concrete - PassesASTMC- 884(modified). • Increased density- improved carbon dioxide resistance (carbonation) without adversely affectmgwater vaportransmission (nota vapor barrier). • Enhanced with FerroGard 901, a penetrating corrosion inhibitor- reduces corrosion even in the adjacent concrete. • Notflammable,non- toxic. • Conformsto ECA/USPHS standards for surface contactwith potablewater. • USDAapproved forfood industry. it ANSI /NSF Standard 61 potable water approved. Yield 0.51 cu, ft./ unit mortar; 0.75 cu. ft. /unit concrete; (SikaTop 122 +42lbs. 3/8 peagravel) Component `A' -1 -gal. plastic jug; 4 /carton. Component V - 61.5 -lb. multi -wall bag. Typical Data (material and curing conditions (5) 73°F(23 °C) and 50 %R.H.) Shelf Life One yearin original, unopened packaging. Storage Conditions Store dry at 40'-957. Component'A'from freezing. lffrozen, discard. Color Concrete graywhen mixed. Mixing Ratio Plant-proportioned kit, mix, entire unit. Application Time Approximately. 30 minutes. FinishingTime 50 -120 minutes Note: All times start after adding Component?'to Component'A'and are highly affected by tempera- ture, relative humidity, substrate temperature, wind, sun and other iob site conditions. Density (wetmix) 136lbs. /cu. -ft. (2.18 kg. /l) Flexural Strength (ASTM C -293) '28days 2,000psi(13.8MPa) Splitting Tensile Strength (ASTM C-496) 28days 750 psi (5.2 MPa) 'Bond Strength* (ASTM C-882 modified) 28days 2,200psi(15.21VIPa) Compressive Strength (ASTM C =109) 1.day 3,000 psi (20.7 MPa) 7 days 5,500 psi (37.9 MPa) 28days 7,000 psi (48.3 MPa) Permeability(AASHTCYT -277) 28days Approx. 500 Coulombs. Electrical resistivity (ohm- cm)28,000 FreezelThaw Resistance (ASTM C -666) 300 cycles 98% CorrosionTestingfor FerroGard 901 CrackedBeam Corrosion' Tests: Reduced corrosion rates 63 16 versus control specimens ASTM G109 modified after40Ddays Mortar scrubbed into substrate. Flow to Use Substrate Concrete, mortar, and masonry products. Surface Preparation - Concrete /Mortar: Remove all deteriorated concrete, dirt, oil, grease, and all bond - inhibiting materials from surface. Be sure repair area is not less than 118 inch in depth. Prepara- tion work. should be done by high pressure water blast, scabbier, or other appropriate mechanical means to obtain an exposed aggregate surface with a minimum surface profile of ±1/16 inch (CSP -5). Saturate surface with clean water, Substrate should be saturated surface dry (ESD) with no standing water during application. Reinforcing. Steel: Steel reinforcement should he thoroughly prepared by mechanical cleaning to remove all Laces o1 rust Where corrosion ha:; occurred due to the presence of chlorides the steel should be high - pressure washed with clean water after mechanical cieaning, For priming of reinforcing steel use Sika Armatec 110 EpoCern (consult Technical Data Sheet). Concrete Substrate: Prime the prepared substrate with a brush or sprayed applied coat of Silva Armatec 110 EpoCem (consult Technical Data Sheet). Alternately, a scrub coat of SikaTop 122 Plus can be applied prior to placement of the mortar. The repair mortar has to be applied into the wet scrub coat before it dries, Pour approximately 7/8 of Component 'A' into the mixing container. Add Component B' (powder) while mixing continuously. Mix mechanically with a low -speed drill (400- 600 rpm) and miring paddle or mortar mixer. Add remaining Component 'A' (liquid) to mix if a more loose consistency is desired. Mix to a uniform consistency, maximum 3 minutes; Thorough mixing and proper proportioning of the two components is necessary. For SikaTop 122 PLUS concrete: Pour all of Component 'A' into mixing container. Add all of Compo- nent 'B' while mixing, then introduce 3/8 inch coarse aggregate at desired quantity. Mix to uniform consistency, maximum 3 minutes. Addition rate is 42 lbs. per bag (approx. 3.0 to 3.5 gal by loose volume). The aggregate must be non - reactive (reference ASTMC1260.. C227 and C289), clean, wel!- graded, saturated surface dry, have low absorption and high density and comply with ASTMI C 33 size number 8 per Table 2. Note: Variances in the quality of the aggregate will affect the physical properties of SikaTop 122 PLUS. The yield is increased to 0.75 cu. ft. /unit with the addition of the aggregate (42 Ids.). Do not use limestone Application & Finish SikaTop 122 PLUS must be scrubbed into the substrate, filling all pores and voids. Force material 1- SOU- 933-SIKA against edge of repair, working toward center. After filling repair, consolidate, then screed. Allow Regional information and Sales mortar or concrete to set to desired stiffness, then finish with wood or sponge float for a smooth vour nearest Sika sales office, contact your rectorial center surface or broom or burlap -drag for a rough finish. Curing As per ACI recommendations for portland cement concrete, curing is required. Moist cure with wet burlap eta kL and polyethylene, a fine mist of water or a water based" compatible curing compound. Curing compounds 601 Delmar Avenue adversely affect the adhesion of following layers of mortar, leveling mortar or protective coatings. Moist 1 curing should commence immediately after finishing. Protect newly applied material from direct sunlight, Pointe Claire wind, rain and frost. �� `Pretesting of curing compound is recommended. Limitations Application thickness: Min. Max. in one lift ' :1 6 Neat 1/8 inch (3 mm) 1 inch (25 mm) Phone 514- 697 2610 Extended 1 inch (25 mm) 4 inches (100 mm) »j f"''�'7c`'d7 • Minimum ambient and surface temperatures 457 (7 °C) and rising at time of application. Fax 514- 694 -279^ • Addition of coarse aggregates maynesultin variations ofthe physical properties of the mortar rr� ' ow t • Do notuse solvent -based curing compound. e Size, shape and depth of repair must be carefully considered and consistentwith practices recommended by ACI. Foradditional information, contact Technical Service. a Foradditional information on substrate preparation, referto ICP.I Guideline No.03 7 32 Coatings, and Polymer Ovenays. c If aggressivemeans of substrate preparation is employed, substrate strengthshould betested inaccor- dancewith ACI 503 Appendix A priorto the repair application. e As with all cement based materials, avoid contact with aluminum to prevent adverse chemical reaction and possible product failure. Insulate potential areas of contact by coating aluminum bars, rails post: etc with an appropriate epoxv such as Sikadur Hi -Mod 32, Caution Component 'A' - Irritant - May cause skinleveirespiratory irritation. Avoid breathing vapors Use with adequate ventilation Avoid skin and eve contact. Safety doodles and rubber sieves are recommended Component 'l - Irritant; suspect carcinogen - Contains portiand cement and sand tcrvstalime silica). Skir and eve Irritant. Avoid contact Dust may cause respiratory tract irritation Avoid breathing dust JFe only with adequate ventilation. May cause delayed lung injury (silicosis). IARC lists crystalline silica as naving sufficient evidence of carcinogenicity in laboratory animals and limited evidence of carcinogenicity in humans. NTP also lists crystalline silica as a suspect carcinogen. Use of safety goggles and chemical resistant cloves is recommended, If PELs are exceeded, an appropriate NIOSH approved respirator is required Remove contaminated ctothino. First Aid In case of skin contact, wash thoroughly with soap and water For eye contact, flush immediately with plenty of water for at least 15 minutes, and contact a physician. For respiratory problems, remove person to fresh air Clean Up In case of spillage, scoop or vacuum into appropriate container, and dispose of in accordance with current, applicable local, state and federal regulations. Keep container tightly closed and in an upright position to prevent spillage and leakage. Mixed components: Uncured material can be removed with water Cured material can only be removed mechanically. KEEP CONTAINER TIGHTLY CLOSED KEEP OUT OF REACH OF CHILDREN NOT FOR INTERNAL CONSUMPTION FOR INDUSTRIAL USE ONLY CONSULT MATERIAL SAFETY DATA SHEET FOR MORE INFORMATION Sika warrants this product for one year from date of installation to be tree from manufacturing defects and to meet the technical properties on the current technical data sheet if used as directed within shelf life. User determmes suitability or product for intended use and assumes all risks. Buyer's sole remedy shall be limited to the purchase price or replacement of product exclusive of labor or cost of tabor. NO OTHER WARRANTIES EXPRESS OR IMPLIED SHALL APPLY INCLUDINGANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SIKA SHALL NOT EE LIABLE UNDER ANY LEGAL THEOF. Y FOR SPECIAL OR CONSEQUENTIAL DAMAGES Visit our website at www.sikausa.com 1- SOU- 933-SIKA NATIONWIDE Regional information and Sales Centers. Fort he location of vour nearest Sika sales office, contact your rectorial center Sika Corporation Sika Canada Inc. Silva Mexicana S.A. de C.V. eta kL 201 Polito Avenue 601 Delmar Avenue Carreterd Libre Celava Km. 5.5 1 Lyndnurst N 107071 Pointe Claire "ormoidor Queretaro �� Phone 8UD9 :,-7452 Quebec H9R4A9 C.F 76020 AP.13F ' :1 6 Fax. -0 9.62 ^_5 Phone 514- 697 2610 Phone 5' 42250122 »j f"''�'7c`'d7 Fax 514- 694 -279^ Fax 5242250 &37 rr� ' ow t CfaNORETE Part I — General 9571SION 3 - CON Section Concrete Toppings 113720 Concrete Resurfacing (13730 Concrete Rehabilitation Spec Component: SC41254 300 SiLUT or, 122 Plus 1.01 Summary A. This spc�z-.ficaiion describes the patching or overlay of interior and /or exterior horizontal surfaces with: a poh ni n modified, porlland cement mortar /concrete. 1.112 Quality Assurance: A. 1�4anufacturing qualifications: The manufacturer of the specified product shall be ISO 9001 certified and have in existence a recognized ongoing quality assurance program independently audited on a regular basis. B. Contractor qualifications: Contractor shall be qualified in the field of concrete repair and protection with a successful track record of 5 years or more. Contractor shall maintain qualified personnel who have received product training by a manufacturer's representative C. install materials in accordance wifli all safeny and weather conditions required by manufacturer or as modified by applicable rules and regulations of local, state and federal authorities having jurisdiction. Consult Material Safety Data Sheets for complete handling recommendations. 1.003 Delivery, Storage, and Handling A. All materials must be delivered in original, unopened containers with the manufacturer's name, labels, product identification, and batch, numbers. Damaged. material must be removed from the site immediately. B. Store all materials off the ground and protect from rain, freezing or excessive Beat until ready for use. C. Condition the specified product as recommended by the manufacturer. 1_04 Sob Conditions A. Environmental Conditions: Do not apply material if it is raining or snowing or if such conditions appear to be imminent. iviiriimum application tc riperature 45 °F (7 °C ) and rising. B. Protection: Precautions should be taken to avoid damage to any surface near the wort: zone due to mi - -ing and handling of the specified material. 1.P5 Submittals A. Submit two copies of manufacturer "s literature, to include: Product Data Sheets, and appmpriaie Malenal Safely Daly Sheets (MSDS). 1.06 Warranty A. Provide a written warranty; from the manufacturer against defects of materials for a period of five (5j years, beginning; vAth date of substantial completion of the project. Park 2 - Product Z.01 Manufacturer A railLaTp) =2 Pins, as manufaGTLred bl/ Si .a COI- P07Eitfon. _. conaider °.d tc confcrn. ti; the.` requfren cn! Of tilt.' specification. �.{� ]"iateiiu6s A. Pobrine = modiiiedPortland cement mortar. 1. Component A shall be a liquid polymer emulsion of an acn,lic copolymerbase and additives. a. pH: 4a -65 b. Film Fonning Temperature: 737 m — c. Tear Strength: 954 -psi min. d. Elonaation at Break: 500 °.'u min. e. Particic 5izc lessthm, 0-1 micron 2. Component A shall contain an organic, penetrating corrosion inhibitor which. has been independently proven to reduce corrosion in concrete via ASTIR G3 (half -cell potential tests). The corrosion inhibitor shall not he calcium nitrite, and shall have a minimum of 5 years of independent field testing to document pen`.ormance on actual construction projects. 3. Component. B .shall be LA blend -of selected portland cements, specially traded a•gcregatts, azdm_:aurec for controlling, setting time, wafter reducers for workability-a d an organic accelerator. 4. The materials shall be non- combustible. both before and after cure. 5. The materials shall be supplied in a. factor)—proportioned unit. 6. The poIymer-modi.ti °d, portl and cement mortar must be pIaceable from W!8 ni t.o 1-in, in depth per lift for' horizontal applications. B. To prepare a polymer-modified portland cement concrete: agg%reg to shall conform to AST1\6 C-33. The factor - proportioned unit shall be ex tended with 42 -1b. mare of a 3/S in ( No.9 distribution per ASTIvi C -33, Table III clean, well- graded, saturated surface dry aggregate, having lovv absorption and high dcnsity. Aogreaate must be approved for use by the Engineer. 2.63 Performance Criteria A. Typical Properties of the mixed polymer modified.. pordand cement mortar: L Worlcirl, Time: Approximate)), 30 minutes 2. Finishing Time 50 -120 uainutes 3. Color. concrete gray P. Typical Properties of the cured polymer- modified; portiand cement mortar: L Comer essive Strength (ASTIVI C -109 Modified) a. I da)7: 3000 psi min.(20.7 MPa) b. 7 day: 5500 psi min. (37.9 I ,a) c. 2t day': 7)00psiTain. (4113 NIPa) 2. Flexural Strength (ASTIA C -293) 0 28 days: 2000 psi (I3.8 IVII'a) Spiltrng T ensile Sfrengtrc (AS T l✓f C -496' ICU. 23 days 50 p3, (5 Iva- - 4. Bond Strcnuth (ASTIv1 C4,22 Modified) rat 2r, days: 2200 psi (I IvLva) 5. The portlarid i:emml mortar shall not produce a vapor bamer 6. Dcnsity(wet mi)i): L36 lbs. / cu. ft. (21 .8 kg/l) 7. Permeability- T -277 0 2fi days Approximately 500 Coulombs) Note.: Test; above were performed with the material and curing conditions ua 71"F— 75 "F and reiative hutnidiry. Part 3 - E --e:eai€or. 3.01 Surface preparation A. Areas to lit! repaired must. be dean. sound. and free of contaminants. All loose and deteriorated concrete shall be Tumoved by mechanical means, 11techamcally prepare the concrete substrate to obtain a surface pro file, of +/- 1 116" (CSP 5 or greater.as per ICP.I Guidelines) with a nev` exposed agg egate surface. Area to be patched shall not be lez s than 1/8" in depth. B. Where reinforcing steel with active corrosion is encountered; sand'bla'st the steel to a white metal finish to remove all contaminants and rust. Where corrosion has occurred due to the presence of' clllorides, the steel shafl be high pressure washed after mechanical cleaning. Prime steel with 2 coats of Silva Aumatec 110 EpoCem as directed by manufacturer. (See Spec Component SC- 201-0699) IG-1 Nuring and Application A. lJ.echanicaliy min: in appropriate sized mortar mi);.er or with a Shea jiffy paddle and low speed (400 -600 rpm) drill. Four approximately 415 gal Component A into the mi.7dng container. Add Component B while continuing to min; I&,' to a uniform consistency for a maximum of three minutes. Add remaining Component A to mix if a more loose consistency is desired_ Should smaller quantities be needed, be sure the components are measured in the correct ratio and that the Component B is uniformly blended before mining the components together. Mil: only that amount of material that can be placed in 30 minutes. Do not retemper material. B. I&-dng of 4h- pol }7rre modff ied portland c anent =11! Four all rij of Component A irtic ilie eontamer. Add Component B while continuing to mix. Add correct amount of the pre - approved coarse aggregate, and continue mixing to a uniform consistency. Mixing time should be 3 minutes maximum. C. Placement Frocedure: At the time of application, the substrate should be saturated surface dry with no standing water. Mortar and/or concrete must be scrubbed into substrate filling all pores and voids. Vdhile the scrub coat is still plastic, force material against edge of repair, working toward center. If repair area is too large to fill while scrub coat is still wet use Silva Armatec 110 EpoCem in Lieu of scrub coat (See Spec Component SC -200). After filling, consolidate, then screed. Allow mortar or concrete to set to desired stiffness; then finish with trowel_, manual or power, for smooth surface. Broom or burlap drag for rough surface. Areas where the depth of the repair is -less than I -inch shall be repaired with polymer - modified nortiand cement mortar. in areas where the depth of the repair is greater than : inch the repair shall be made with polymer modified portland cement concrete. D. As per ACI recommendations for portland cemertt concrete, curing is required. Moist cure with wet "buflap and polyethylene, a fine mist of water or a water - based* compatible curing compound. Moist curing should commence immediate).), after finishing and continue for 48 hours. Protect newly applied material from .rain, sun, and wind until compressive strength is 70 °/0 of the 2S-day compressive strength. To prevent from freezing cover with insulating matzrial. Sctl:ing time is d:pcndLnt on t-rapzr attire and humidity. *Pretesting of curing compound is recommended. E. Adhere to all procedures, limitations and cautions for the polymer modified portland cement mortar in the manufacturers current printed tecbtrical data sheet and literature. 3.05 Cieanino A. The uncured polymer - modified portland cement mortar can be cleaned from tools with ware:. The cured polymer - modified por -land cement mo; ar can only be removed mechanically. B. Leave finished wort; and work area in a neat, clean condition without evidence of spillover: onto adjacent areas. C- 0. 2 5 Sika Top- 2 2' Plus Crack f"ller M 1. Repair area should not be less t m 1/8" m d.-pth. 2. Apply scrub coal. to the prepared subs—,Tate. 3. Wiale scrub coat is still Bret place Sa @:a� op 122 Fins, filitiag the erriire =W7 . 4. Strike of and io el as required. C;on=ete Restoration Systems by SHm C:orpoh ation, 201 PoRte venm.: Lxmdhurst, NJ, VC711 - i a o ' "2 Plus Hand-applied Repair f- I. Repair area, should not be less ihan 1/8" mi dept%- ? Subst;ai-- should be saturated sm-face dr5� (S SD) with no standing water. 3. Apple scrub coa`i: to sub.^trate. filling all pores and voids, 4. VUle scrub coat is SUIT wet: apply SikaTop f22 Piro. l V ate: if repair arm is to c, large to fill Rihile scrub coat is soil wet, use Sll;a ham mac I 10 Eno Cem in lieL of the scrub coat. (Seel Spec Compon-ont SC -200) For applications greater IYm i" ir. depth., add a ' / &" coarse aggregate. Concmte Restomtfon Systems by Sitra Cor-paraition, 201 Fofitck, venue, Lvndhursw, NJ 67(171 Overlay f- 1. Repair area should not be less than 1/9" in depth. 2. Substrate should be saturated stuface dry (SSD) with no standing water. 3. Apply scrub coat to subszate, filling all pores and voids. 4. While scrub ;,oat is still wet apply Sikes -Top 122 Plus. Note: If repair area is too large to fill while scrub coat is still wee use Silva y►n=ec 11() Epo(Cexn in lieu of the scrub coat. (See Spec Component. SC -700) For apphcaaions greater than I "in depth add a 3/C coarse aggregate. Concrete Restoration Systems by Sika Corporation. 2U,1 Poke ALvenu- Lyndhurst, NT.t CIC'/, I Product Data Sheet Edition 3.2003 Identification no. 132 Sika Armatec 110 EpoCem Bonding Agent and Reinforcement Protection Sika.Armatec 110 EpoCem is a 3 component, solvent_ ee, moistures ±o!erant, epow- modified, ementitioue products pecificaIly form ufated as a bonding agent and an anti- corrosion coating. isn,_ w Where to Use a As an anti- corrosion coating for reinforcing steel in concrete restoration. c As added protection to reinforcing steel in areas of thin concrete cover. i "'_' ;A a Asa bonding agent for repairs to concrete and steel. a Asa bonding agentfor placing fresh, plastic concrete to existing hardened concrete. Advantages a Excellent adhesion to concrete and steel. • Acts as an effective barrieragainst penetration of water and chlorides. • Long open time - up to 16 hours. • Not vapor barrier. • Can be used exterior on- grade. • Contains corrosion inhibitors. • Excellent bonding bridge for cement or epoxy based repair mortars. • High strength, unaffected by moisturewhen cured. c Spray, brush or roller application. it Non- flammable,solventfree. Coverage Bonding agent: minimum (theoretical) on smooth, even substrate 80 sq. ft.igal. (=20 miis thickness). Coveragewill vary depending on substrate profile and porosity. Reinforcement Prate ction:40 sq. ft. /gal. ( =20 milsthickness) (2 coat appli cation). 3.5 gal. unit. (47.6 fl. oz. Comp. A + 122.1 fl. oz. Comp. B + 46.82 lb. Comp. C) Comp. A + B in carton, Comp. C in multi -wall bag. 1.65 gal. unit. (22.7 fl. oz. A + 57.6 fl. oz. B +4 bags n 5.5 lb.) Factory - proportioned units in a pail. Typical Data (Nateriaiand.curing conditions @ 73 °Fand 50 %R.H.) Shelf Life 1 year in original, unopened packaging. Storage Store dry at40' ° -95 °F (4 °- 35 °C). Condition material to 65 °- 75 °F(18 °- 24 °C)before using, if components A, and Bare frozen, discard. Protect Component Cfrom humidity. Color Concrete gray !Density (Mixed) 125lb. /cu. ft. (2.0 kg.) PotLife Approximately 90 minutes Compressive'Stren.gth (ASTM C -109) 3 days 4500 psi (31.0 MPa) 7 days 6500 psi (443 MPa) 28 days 8500 psi (58.6 MPa) Flexural Strength (ASTMC348) 28 days 1250psi (8.6 MPa) Splitting Tensile Strength(ASTM.0 -496) 28days 600 psi (4.1 MPa) important Data for Siha Armatec I10 asa Corrosion Protective Coating Water Water Permeability at 10 bar (145 psi) 8.92 x 10'" ft. /sec. Control 7.32 x'1010 ft.isec. Water vapor diffusion coefficientp H2O 110 Carbon Dioxide Carbon dioxide diffusion coefficient p CO 14000 TESTDATA: Time-to-Corrosion Study - Sika Armatec 110 morethan tripled the time to corrosion -Reduced corrosion rate by over40 °6 Important Data for Sika Armatec 110 as a Bonding Agent Bond Strength (ASTM0882) 14 days moist cure, plastic concrete to hardened concrete: Wet on Wet 2800 psi 09.3 MPa) 24 hr. Open Time 2600 psi (17.9 MPa) Bond of Steel Reinforcementto Concrete (Pullout Test): Silva Armatec 110 Coated 625 psi (4.3 MPa) Epax<Coated 508 psi ( 3.5 MPa) Plain Reinforcement 573 psi (3.95 MPa) How to Use Surface Preparation Cement itious substrates: Should be cleaned and prepared to achieve aiaitance and contaminant - free surface prepared In accordance with the requirements specified by the overlay or repair material by blast cleaning or equivalent mechanical means. Substrate must be saturated surface dry (SSD) with no standing Water. Steel: Should be cleaned and prepared thoroughly by blast cleaning. Mixing Shake contents of both Component 'A,' and Component 'E'. Empty entire contents of both Component 'A' and Component 'B' into a clean, dry mixing pail. Mix thoroughly for 30 seconds with a Sika paddle on a low speed (400 -600 rpm) drill. Slowly add the entire contents of Component 'C' while continuing to mix for 3 minutes until blend is uniform and free of lumps. Mix only that quantity that can be applied within its pot life. Application As a bonding agent - Apply by stiff - bristle brush or broom. Spray apply with Goldbiatt Pattern Pistol or equal equipment. For best results, work the bonding slurry well into the substrate tc ensure complete coverage of all surface irregularities. Apply the freshly mired patching mortar or concrete wet on wet, or up to the maximum recommended open time, onto the bonding slung. Maximum recommended open time between application of Armatec 110 and patching mortar or concrete: ,90'-97-- ;26° 25 °C. 6 hours 65 ° -79 -F (18 ° -26 °C) 12 hours 50 ° -64 -F (10 ° -17 °C) 16 hours 40 °-497 (4 ° -9 °C) wet -on -wet For corrosion protection only - Apply by stiff- bristle brush or spray at 80 sq. ft. /gal. (20 mils). Take special care to properly coat the underside of the totally exposed steel. Allow coating to dry 2 -3 hours Cc 73°F, then apply a second coat at the same coverage. Allow to dry again before the repair mortar or concrete is applied. Pour or place repair within 7 days. Limitations e Substrate and ambient temperature: Minimum 40°F s Maximum 957 (35 °C) ■ Minimum thickness: As a bonding agent 20 mils. ■ For reinforcement protection 40 mils ■ (2 coats, 20 mils each). s Not recommended for use with expansive grouts. s Use of semi -dry mortars onto Sika Armatec 110 EpoCem must be applied "weton wet ". e When used in overhead applications with hand placed patching mortars, use "wet on wet "formaximum mortar build thickness. ■ Substrate profile as specified bythe overlay orrepair material is still required. e As with all cement based materials, avoid contactwith aluminum to preventadverse chemical reaction and possible product failure. Insulate potential areas of contact by coating aluminum bars, rails, posts etc, with an appropriate epoxy such as Sikadur Hi -Mod 32. Caution Part A & E: IRRITANT; SENSITIZER - Can cause skin sensitization after prolonged orrepeated contact. Skin and eye irritant. High concentrations of vapor may cause respiratory irritation. Avoid skin contact. Use only with adequate ventilation. Use of safety goggles and chemical resistant gloves is recommended. Part C: IRRITANT; SUSPECT CARCINOGEN - Contains crystalline silica. quartz (sand); cement. Skin and eye irritant. Dust may cause respiratory tract irritation. Avoid breathing dust. Use only with adequate ventilation. May cause delayed lung injury (silicosis). IARC list crystalline silica as having sufficient evidence ofcarcinogeni city to laboratory animals and limited evidence of carcinogenicity in humans. NTP also lists crvstaliine silica as a suspect carcinogen. Use of safety gloves is recommended. In case of high dust concentrations or exceedance of PELs, use an appropriate NIOSH approved respirator. First Aid In case of eye contact, wash immediately with soap and water for 15 minutes; immediately consult a physician. In case of skin contact, wash with soap and water, consulta physician for irritation. For respiratory problems, remove person to tresh air and institute artificial respiration if necessary; consult physician. In case of ingestion, immediately consult physician. Wash clothing before reuse. Ciean -Up In case of spills or leaks, wear suitable protective equipment, contain spill, collect with absorbent material, and transferto a suitable container. Ventilate area. Avoid contact. Dispose of in accordance with current, applicable local, state, and federal regulations. KEEP CONTAINER TIGHTLY CLOSED KEEP OUT OF REACH OF CHILDREN NOT FOP, INTERNAL CONSUMPTION FOR INDUSTRIAL USE ONLY CONSULT MATERIAL SAFETY DATA SHEET FOR MORE INFORMATION Sika warrants this product for one year from date of installation to be free from manufacturing detects and to meet the technical properties on the current technical data sheet if used as directed within shelf life. User determines suitability of croduct far intended use and assumes all riSK.s. Buyers sole remedy shall be limited to the purchase price or replacement of product exclusive of labor or cost of labor. NO OTHER WARRANTIES EXPRESS OR IMPLIED SHALL APPLY INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SIKA, SHALL NOT BE LIABLE UNDER. ANY LEGAL THEORY FOR SPECIAL OR CONSEQUENTIAL DAMAGES Visit our website at www.siltausa.com 1800- 92'-SIKA NATIONWIDE Reatonal Information and Sales Centers. For the location of vour nearest Sika sales office, contact your regional center Silva Corporation Sika Canada V. Sika Mexicana S.A. be C.V. �, 1.1 A L i ' y- 201 Polito Avenue 601 DelmarAvenue Carretera Libre Celava Km. 8.5 f, h Lvndrimst NJ 07071 Pointe Claire Correctdora Queretaro Phone. 800 9 ', -7460 Quebec H9R 4P.9 C.F. 76920 A.F. 136 � � S P.FY Fa> :.201 921;,6225 Fnone.514 -697 -2610 Phone. 5.42:.50122 Fax 514- 694 -2792 Fax 5,'42250537 Si,, nn,i Arnlni(!C :lrt� Ieglsl ✓fP.tl it :uiF�rrlarl :', IVlaor iri USF. rrime!i iii ll:.i Spec Component: SC -201 -0907 Siica Armatec I10 EpoCem CONCRETE RESTCE��.71ON SYSTEMS DIVISION 9 - FINISHES Section 09800 - SPECIAL COATINGS Section 09870 - Coating Systems for Steel Part 1 - General I.01 Summary A. This specification describes the use of a "I- component.. epoxy- modified; cementitious, anti- corrosion coating, for reinforcing steel in concrete restoration. 1.02 duality Assurance A. Manufacturing qualifications: The manufacturer of the specified product shall be ISO 9001 certified and have in existence a recognized ongoing quality assurance program independently audited on a regular basis. B. Contractor qualifications: Contractor shall be gaulified in the field of concrete repair and protection with a successful tract: record of 5 years or more. Contractor shall maintain gaulified personnel who have receiviced product training by a manufacturer's representative. C. Install materials in accordance with all safety and weather conditions required by manufacturer, or as modified by applicable rules and regulations of local, state and federal authorities having jurisdiction. Consult Material Safety Data Sheets for complete handling recommendations. I.03 Delivery, Storage, and Handling A. All materials must be delivered in original, unopened containers with the manufacturer's name, labels, product identification, and batch numbers. Damaged material must be removed from the site immediately. B. Store all materials off the ground and protect from rain, freezing or excessive heat until ready for use. C. Condition the specified product as recommended by the manufacturer. 1.04 Job Conditions A. Environmental Conditions: Do not apply material if it is raining or snowing or if such conditions appear to be imminent. Minimum application temperature 407 (5 °C) and rising. B. Protection: Precautions should be taken to avoid damage to any surface near the worl: zone due to mixing and handling of the specified coating. 1.05 Submittals A. Submit two copies of manufacturer's literature, to include: Product Data Sheets, and appropriate Material Safety Data Sheets (MSDS). 1.06 Warranty, A. Provide a written warranty from the manufacturer against defects of matenals for a period of one (1) years, beginning with date of substantial completion of the project. Part 2 - Products 2.01 klanufacturers A. Sika Armatec 110 EpoCem; as manufactured by Silva Corporation, is considered to conform to the requirements of this specification. 2.02 Materials A. Epoxy resin /portland cement. adhesive shall be Sika Armatec 110 EpoCem 1. Component "A" shall be, an epoxy resin /water emulsion containing suitable viscosity control agents. It shall not contain butyl glyo dyl ether. _. Component "b shall be primarily d water solution Of a pol.v "an "tine. 3. Component "C" shall be a blend of selected portland cements and sands. 4. The material shall not contain asbestos. 2.03 Performance Criteria A. Properties of the mixed epoxy resin /portland cement adhesive. 1. Pot Life: 90 minutes 0 73° F 2. Contact Time: 95 °F (35 °C) 6 hours 80 -95F (26 -35C) 6 Hours 65 -79F (18 -26C) 12 Hours 50 -64F (10 -17C) 16 Hours 40 -49F (4 -9C) wet on wet 3. Color: dark grray B. Properties of the cured epoxy resin /portland cement adhesive. 1. Compressive Strength (ASTM C -109) a 3 day: 4500 psi (31.0 MPa) b. 7 day: 6500 psi (44.8 MPa) c. 28 day: 8500 psi (58.6 MPa) 2. Splitting Tensile Strength (ASTM C -496) a. 28 days: 600 psi (4.1 MPa) 3. Flexural Strength (ASTM C -348) a. 1250 psi (8.6 MPa) 4. Bond Strength ASTM C -882 at 14 days a. Wet on Wet, 0 -hr. open time: 2500 psi ( 19.3 MPa) b. 24 -hr. open time: 2600 psi (17.9 MPa) 5. Bond of Steel Reinforcement to Concrete (Pullout Test) a. Sika Armatec 110 EpoCem coated 625 -psi (43 MPa) b. Epoxy coated 508 psi (3.5 MPa) c. Plain Reinforcement 573 psi (3.95 Nina) 6. The epoxy resin /portland cerilerni adhesive shall not produce a vapor barrier 7. Material must be proven to prevent corrosion of reinforcing steel when tested under the procedures as set forth by the Federal Highway Administration Program Report No. FHWA/RD86 /193. Proof shall be in the form of an independent testing laboratory corrosion report showing, prevention of corrosion of the reinforcing steel. Note: Tests above were performed with material and curing conditions at ?3 °F and 45 -5514' relative humidity. Part 3 - Execution 3.01 Mixing, and Application A. Mixing the epoxy resin: Shake contents of Components "A" and Component "B ". Completely empty both components into a clean, dry mixing pail. Mir; thoroughly for 30 seconds using a jiffy paddle with a low - speed (400 -600 rpm) drill. Slowly add the entire contents of Component "C" while continuing to min; for 3 minutes until uniform with no lumps. Mix only that quantity that can be applied within its pot life. B. Placement procedure: 1. Apply to prepared :....,el sui -L-ct v.'',t17 ... stfr bri:,.,.. 1--cl: or "1?',�,r�rer -n�c z rav amiin —rn at Wi mils rr �i minimum thickness. Properly coat the underside of the totally exposed steel. Allow to dry (approx. 2 - 3 hours) then apply a second coat at 20 mils minimum thickness. Allow drying again before placing . repair mortar. C. Adhere to all limitations and cautions for the epoxy resin /portland cement adhesive in the manufacturers current printed literature. 3.02 Cleaning A. The uncured epoxy resin /portland cement adhesive can be cleaned from tools with water. The cured epoxy resin / portland cement adhesive can only be removed mechanically. B. Leave finished work and work area in a neat, clean condition without evidence of spillovers onto adjacent areas. Epoa Anti-corrosion 1. Apply Sika Armatec 110 EpoCem with sriff bristle brush or spray 20 mils thick, covering all exposed steel. Cure to tack - free 2 -3 hours. 2. Apply a second coat at 20 mils. Allow to dry a,>ain before applying repair mortar or concrete. 11. 2. 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RVPUB \SDEITSCH \740726.3 19 I .1 — iV 1. . 1J 1 "11V1J J!]19VV14 L4UIlvT.Ln114U EXHIBIT "C" PAYMENT BOND #-1973751 KNOW ALL MEN BY THESE PRESENTS That 1 -636 rovub/ owil r -bib WHEREAS, the City of Arcadia (hereinafter designated as the "City "), by action taken or a resolution passed , 20 has awarded to SANCON ENGINEERING, INC. hereinafter designated as the "Principal," a contract for the work described as follows: Sewer Manhole Repair at Various Locations (the "Project "); and WHEREAS, said Principal is required to fumish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the worts contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety,on this bond will pay for the same to the extent hereinafter set forth. MASSACHUSETTS BAY INSURANCE COMPANY NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the City in the penal sum of TWENTY -EIGHT THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($28,400.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 3181 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section $181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications; or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of. any terms of RVPUBWDEITSM740720.3 20 09- 21 -'10 15:13 FROM- SANCON ENGINEERING T -858 P0007/0011 F -695 payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons. for whose benefit such bond is given, and under no circumstances shall Surety be released from ' liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall. be that claimant is a person described in Section 3110 or 3112 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such- change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed unoriginal thereof, have been duly executed by the Principal and Surety above named, on the 21 st day of 20-10 20 the name and corporate seal of each corporate party being ereto affixed and these presents duly signed b its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal, if corporation) (Seal of Surety) (Attached Attorney-In-Fact Certificate and Required Acknowledgements) S,ANCON ENGINEERING, INC. Principal (Property Name of Contractor) ray Sic. (Signature of Contractor) MUCH EMOVINSURA COMPANY Surety By Attorney in F 114 el Lartgen 1. *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and surety and a power of Attorney MUST BE ATTACHED. 21 RVPU MDEITSM740726.3 CALIFORNIA • ACKNOWLEDGMENT State of California County of U( QA(A __ 1 On tc, before me, ate I 1L personally appeared�6� t76 I.S Lc� P. SCANLON Comnll331on # 1749369 Notary Publlc - California Orange County My Comm. EVW Jul 2, 2011 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /arasubscribed to the within instrument and acknowledged to me that he /s#eAhey executed the same in his /#eN##3eir authorized capacity(ies), and that by his /berAheirsignature(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. WITN and and official seal. Place Notary eal Above Signature ry gnature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Mo ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800- 876 -6827 f CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On �e 2t -Dip before me, Kendra Banks, Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael R. Langan Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to ____.._._.. be the person(#) whose me 8) is /ara subscribed the KENDRA BANKS h name(4) ( to s� COMt� z��750 within instrument and acknowledged to me that NOTAitl FUEiiiG CALIFORNIA N he /Ifb y executed the same in his /hal"eir authorized 'g LOS ANGIIiLtS COUNTY 1.4 capacity("), and that by his /her /their signature(*) on the I,,,,,,,,,,,,,;,,,, , , My Comm, Exp)roi Dat, f, 2011 j instrument the person( *), or the entity upon behalf of which the person(m) 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. WITNES y and nd offici I seal. Place Notary Seal Above Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document n Title or Type of Document: lv �C N 9 Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Michael R. Langan Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General CAttorney in Fact ❑ Trustee ❑ Guardian or Conservator Foxe] f;1l Signer Is Representing: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER •• of thumb here . t 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY (� CITIZENS INSURANCE COMPANY OF AMFRIrA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint MICHAEL R. LANGAN Of Pasadena, CA and each is a true and lawful Attorney(s) -in -fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Ten Million and No /100 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s) -in -fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 12th day of July , 2010. THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS LNSURANCE COMPANY OF AMERICA � Y Mary Jear:ne G(d , on Vice Pres.de it Robert K Grennan, Assistan Vice President On this 12th day of July , 2010 before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. man Pow c4.a.nw s rvotary Public Irrc�rwew.wws My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) ST GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 21 day ok—<5eP 7 • 2010 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF MERICA �,. Stept3e _. Brain, Fsslstanf Vice Pres ,nt 09- 21 -'10 15:14 FROM- SANCON ENGINEERING T -858 P0008/0011 F -695 PERFORMANCE BOND c(-7 7 51 KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Arcadia (hereinafter referred to as "City ") has awarded to SANCON ENGINEERING, INC., (hereinafter referred to as the "Contractor") an agreement for Sewer Manhole Repair at Various Locations (hereinafter referred to as the "Project "), WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated , (hereinafter referred to as "Contract Documents "), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. USAN,Q ,���y� @,,, the undersigned Contractor and �rw � � 3 i'iAT 11� as Surety, a corporation organized and lily authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of TWENTY -EIGHT THOUSAND FOUR HUNDRED DOLLARS AND NO- CENTS ($28,400.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to 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 the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one -year guarantee of all materials and workmanship, and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to .the Contract Documents, or shall promptly, at the City's option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or RVPUBISDEITSCH1740726.3 22 00 -L1- IV 1J. 14 rMAIJ-JliNUU11 tivalictrSIX3 "1`8M 11000y /1010111~ -Hb (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used In this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete-the Project in any. manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term 'balance of the contract price" as used in this paragraph shall mean the total amount payable -to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the'City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. IN WITNESS WHEREOF, we have hereunto set our hands and seals this2lst day of ,aept, 2(11, 0,-M EG SuRACHUSETTS BAY 'NsURANCE COMPANY By: Attorney -In -Fa Atc el A. igngj4n The rate of premium on this bond is $-I 0_.'so per thousand. The total amount of premium charges, $307,00 (The above must be filled in by corporate attorney.) RV15UBISDEITSCHN0726.3 23 09- 21 -'10 15 :14 FROM- SANCON ENGINEERING T -858 P0010/0011 F -695 THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) MASSACHUSETTS BAYINS1IRANCE COMP v 333 City Blvd West, 17th Floor Orange,'CA 92868 (Name and Address of Agent or same Representative for service of process in California, if different from above) (Telephone number of Surety and 714 -,938 -3229 Agent or Representative for service of process in California State of California ) )Ss. i County of ) On before me, (here insert name and title of the notary), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s).is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by i 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. WITNESS my hand and official seal. Signature (Seal) NOTE: A copy of the Power -of- Attorney to local representatives of the bonding company must be attached hereto. SURAWSACHUSETTS BAY INSURANCE COMPANY By: Attorney -In-F ct ,Mic el � O Lgngan The rate of premium on this bond is X1:0 8 0 per thousand. The total amount of premium charges, $307. 00. (The above must be filled in by corporate attorney.) RVPUMD2ITSCH1740726.3 24 THIS IS A REQUIRVQ FORD Any claims under this bond may be addressed to: (Name and Address of Surety) MASSACHUSETTS BAY INSURANCE COMPANY 333 Cj ty Blyd Wept, .17th Floor Orange, CA 92868 (Name and Address of Agent or same Representative for service of process in California, if different from above) (Telephone number of Surety and 7-14r%538,3229 Agent or Representative for service of process in California) State of California ) ss. County of On before me, (here insert name and title of the notary), personally appeared Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her/their authorized capacity(ies), and that by his /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) NOTE: A copy of the Power -of- Attorney to local representatives of the bonding company must be attached hereto. RVPUBISDEITSCH%740726.3 25 • - ALL-PURPOSE • State of California County of U(- Ctin�:e_ 1 On I n 119 before me, L C i Date ~� personally appeared�6�I i i� Vs Lk) P. 8CANLON Commlulon # 1749369 Notary Pubpc - California Oranq* County MV C0M- 8Q*f Jul 2, 2011 r Place Notary Seal Above 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 1sNW4%q executed the same in his4ie~ authorized capacity(ies), and that by his /berAheir-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. WI ESS 'm and and official seal. Signature J. - _a--- -� ignafure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact "thumb ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NafionalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800- 876 -6827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On r,.3,- 1 -'1-0 1 Cbefore me, Kendra Banks, Notary Public Date It Here Insert Name and Title of the Officer personally appeared Michael R. Langan Name(s) of who proved to me on the basis of satisfactory evidence to _ .- .__ - - -- - ._ _ I -- -- - - - - - -- be the person(lp) whose name(*) is /ap subscribed to the "Mill KENDRA BANKS within instrument and acknowledged to me that cn COMM, # 1766750 < he /� executed the same in his /I�i�e�►'authorized l`, NOTARY PUBLIC CALIFORNIAN capacity(i�, and that by his /l ►signature(* on the ` LOS ANGELES COUNTY '"' instrument the person(o, or the entity upon behalf of My Comm. Expires Oct. ), 2011 I " " ....... ° ° "" •••••••••.. which the person() acted, executed the instrument. 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 eal. Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: NIIRF-ORMA- J CA= Q Iyd7 illA D Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Michael R. Langan Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner—[-] Limited ❑ General attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .. of 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1 -800- 876 -6827 'F THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA t'UVVt:K0 Ur A r r UrvvC r CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint MICHAEL R. LANGAN Of Pasadena, CA and each is a true and lawful Attorney(s) -in -fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Ten Million and No/100 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s) -in -fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company, Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 12th day of July , 2010. vw WAL rev i ' 1 THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS LNSURANCE COMPANY OF AMERICA Mary Jeanne �,PfdeAon, Vice Preside it Robe t K Grennan, Assistan ' ice President On this 12th day of July , 2010 before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. MA NolBryPublic My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this` .1 sr day of Se P 20 10 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSU 11NCE COMPANY OF MERICA Steppe 13roul , Assistant Vice Pres 'nf