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Contract - National Plant - 2005-07-11 AGREEMENT THIS AGREEMENT is made and entered into by and between the COSTA MESA SANITARY DISTRICT, a district formed pursuant to the Sanitary DISTRICT Act of 1923 (hereinafter referred to as "DISTRICT"), and National Plant Services, Inc (hereinafter referred to as "CONTRACTOR") RECITALS WHEREAS, DISTRICT has taken appropriate proceedings to authorize construction of the public work and improvements herein provided and execution of this contract, and WHEREAS, on July 11, 2005, DISTRICT awarded the contract for the construction of improvements hereinafter described to CONTRACTOR, The Parties hereto agree as follows 1 Scope of the Work CONTRACTOR shall perform the work described briefly as follows Project No 175 - OCSD Cooperative Projects Grant Program - Televising CMSD Sewer Lines The aforesaid improvements are further described in the "Contract Documents" hereinafter referred to 2 Contract Documents The complete contract consists of the following documents 1 This AGREEMENT, EXHIBIT A - Contractor's written scope of work, EXHIBIT B - City of Fullerton specifications for televising sewer lines, all manhole numbering maps provided by District, Faithful Performance Bond, Labor and Material Bond, Insurance Documents, and all addenda setting forth any modifications or interpretations of said documents The terms of this AGREEMENT shall prevail over all written specifications except as provided for in any "Addendum" attached hereto All of the above named documents are intended to complement one another so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents The documents comprising the complete contract will hereinafter be referred to as the "Contract Documents" 3 Schedule All work shall be performed in accordance with the schedule approved by DISTRICT's Engineer and under his direction 4 Equipment Performance of Work CONTRACTOR shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and complete in a good and workmanlike manner the work of general construction as called for, and in the manner designated in, and in strict conformity with, the plans and specifications for said work which said specifications are entitled The equipment, apparatus, facilities, labor and material shall be furnished and said work performed and completed as required in said plans and specifications to the satisfaction of, and subject to the acceptance of, the DISTRICT's Engineer or his designated assistant 2 5 Contract Price The contract price shall be forty eight cents per linear foot ($0.48) with adjustments up or down in accordance with unit prices as finally calculated by DISTRICT and CONTRACTOR not to exceed a total of $621,181 00 The CONTRACTOR agrees that the DISTRICT shall have the right to increase or decrease the quantity of any bid item or portion of the work or to omit portions of the work as may be deemed necessary or expedient, and that the payment for incidental items of work, not separately provided in the proposal shall be considered included in the price bid for other various items of work 6 Time of Performance The time fixed for the commencement of such work is august 1, 2005 and to complete said work within 365 calendar working days from the first day of contract 7 Time of the Essence Time is of the essence in this contract 7a Job Progress CONTRACTOR agrees to maintain a critical path analysis throughout the project CONTRACTOR agrees to meet with DISTRICT's project manager or designee on a weekly or other periodic basis, or as requested by DISTRICT to review job progress CONTRACTOR agrees to provide DISTRICT with critical job path analysis documentation whenever job progress is impacted so that the completion date may be affected or whenever delays or other impacts may give rise to CONTRACTOR's claim for additional days or additional damages - 3 8 Extension of Time If such work is not completed within such time, the DISTRICT Board or its designee shall have the right to increase the number of working days in the amount it may determine will best serve the interests of DISTRICT and, if it desires to increase said number of working days, is shall have the further right to charge to CONTRACTOR and deduct from the final payment for the work the actual cost of engineering, construction review and other overhead expenses which are directly chargeable to CONTRACTOR and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included m such charges, provided, however, that no extension of time for the completion of such work shall ever be allowed unless, at least twenty (20) days prior to the time herein fixed for the completion thereof, or the time fixed by the DISTRICT Board or its designee for such completion as extended, CONTRACTOR shall have filed application for extension thereof, in writing with the DISTRICT Manager/Engineer addressed to the DISTRICT Board and its designee Said application shall be made pursuant to the requirements of Sections 20104 through 20104 8, Public Contracts Code In this connection, it is understood that the DISTRICT Manager/Engineer shall not transmit any such request to the DISTRICT Board if not filed within the time herein prescribed 9 Liquidated Damages In the event CONTRACTOR, for any reason, shall have failed to perform the work herein specified within the time herein required and to the satisfaction of DISTRICT Engineer, DISTRICT may, in lieu of any other of its rights authorized 4 in this AGREEMENT, deduct from payments or credits due CONTRACTOR after such breach a sum equal to $250 00 Dollars as liquidated damages for each day beyond the date herein provided for the completion of such work This sum is established pursuant to Section 53069 85 of the Government Code and is deemed by the parties hereto to be a reasonable amount 10 Performance of Sureties In the event of any termination as herein above provided, the DISTRICT shall immediately give written notice thereof to CONTRACTOR and CONTRACTOR's sureties, and the sureties shall have the right to take over and perform the AGREEMENT provided, however, that if the sureties, within five (5) days after giving them said notice of termination, do not give DISTRICT written notice of their intention to take over the performance of the AGREEMENT and do not commence performance thereof within five (5) days after notice to the DISTRICT of such election, DISTRICT may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of CONTRACTOR and the sureties shall be liable to DISTRICT for any excess cost or damages occasioned DISTRICT thereby, and in such event, DISTRICT may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to CONTRACTOR as may be on the site of the work and necessary therefor 11 Disputes Pertaining to Payment for Work Should any dispute arise respecting the true value of the work done, of any work omitted, of any extra work which CONTRACTOR may be required to do, - 5 or respecting the size of any payment to CONTRACTOR during the performance of this Contract, such dispute shall be decided pursuant to Section 20104 through 20104 8, Public Contracts Code, as the same is now in force and as the same may be amended from time to time, provided that the dollar amount of the dispute is within the statutory limits set forth therein 12 Permits - Compliance With Law CONTRACTOR shall, at CONTRACTOR's expense, obtain all necessary permits and licenses for the construction of each improvement, give all necessary notices and pay all fees and taxes required by law 13 Superintendence by CONTRACTOR CONTRACTOR shall give personal superintendence to the work on said improvement or have a competent foreman or superintendent satisfactory to the DISTRICT Engineer on the work at all times during progress with authority to act for him 14 Observance by DISTRICT CONTRACTOR shall at all times maintain proper facilities and provide safe access for observation by DISTRICT to all parts of the work and to the shops wherein the work is in preparation 15 Extra and/or Additional Work or Changes Should DISTRICT at any time during the progress of said work request any alteration, deviations, additions, or omissions from said specifications or plans or other contract documents, it shall be at liberty to do so, and the same shall in no 6 way affect or make void the Contract, but will be added to, or deducted from the amount of said contract price 16 Observation and Testing Materials CONTRACTOR shall notify DISTRICT a sufficient time in advance of the manufacture or production of materials to be supplied by CONTRACTOR under this Contract in order that DISTRICT may arrange for mill or factory observation and testing of same Any materials shipped by CONTRACTOR from factory prior to having satisfactorily passed such testing and observation by DISTRICT's representative shall not be used on said improvement unless CONTRACTOR is previously notified by DISTRICT that such testing and observation will not be required CONTRACTOR shall also furnish DISTRICT, in triplicate, certified copies of all required factory and mill test reports 17 Permits and Care of the Work CONTRACTOR has examined the site of the work and is familiar with its topography and condition, location of property lines, easements, building lines and other physical factors and limitations affecting the performance of this AGREEMENT CONTRACTOR, at CONTRACTOR's expense, shall obtain any permission necessary for any operations conducted off the property owned or controlled by DISTRICT CONTRACTOR shall be responsible for the proper care and protection of all materials delivered and the work performed until completion and final observation and acceptance 7 18. Other Contracts DISTRICT may award other contracts for additional work and CONTRACTOR shall fully cooperate with such other contractors and carefully fit CONTRACTOR's own work to that provided under other contracts as may be directed by DISTRICT Manager/Engineer CONTRACTOR shall not commit or permit any act which will interfere with the performance of work by any other contractor 19 Payments to CONTRACTOR (A) On or before the 25th day of each and every month during the performance of the work, CONTRACTOR shall submit to DISTRICT Manager/Engineer an itemized statement of quantities with unit prices of materials incorporated into the improvement during the preceding month and the portion of the contract sum applicable thereto On approval in writing of said statement by DISTRICT Manager/Engineer, it shall be submitted to the DISTRICT Finance Department and then to the DISTRICT Board It is understood and agreed between the parties that lead time for processing invoices for inclusion on the warrant list of the DISTRICT has been established by the DISTRICT Finance Office and that invoices for payment will be processed and paid in accordance with any established rules and regulations of said DISTRICT Finance Officer Payment shall be ninety five percent (95%) of the amount invoiced, the remaining five percent (5%) to be subject to the provisions in Paragraph (B) The payment as provided for herein [except for the retention provided for in Paragraph (B)] shall be made the day following its approval by the DISTRICT Board at its next regular meeting 8 following the submittal of the invoice to the Board by the DISTRICT Manager/Engineer (B) DISTRICT reserves the right to retain five percent (5%) of the contract price for a period of thirty-five (35) days after the filing of the notice of completion of the contract CONTRACTOR shall have the following options pursuant to Section 22300, Public Contracts Code (i) To substitute securities for any money retained by DISTRICT, (ii) To require DISTRICT to pay into an escrow created at the expense of CONTRACTOR The substitute securities provided for herein may be held pursuant to Section 22300 and any escrow agreement entered into between the parties shall be in the statutory form set forth in Section 22300 (C) The DISTRICT shall observe the provisions of Government Code Section 7107 with respect to final payment and disputes relating thereto 20 Contract Security Concurrently with the execution hereof, CONTRACTOR shall furnish (1) A surety bond in an amount equal to one hundred percent (100%) of the contract price as security for the Faithful Performance of this Contract to be held for 1 year after the Notice of Completion is recorded, (2) A separate surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for payment of all persons performing labor and furnishing materials in connection with this Contract The bonds required hereunder shall be provided by an admitted carrier DISTRICT reserves the right to object to said surety in accordance with the procedure set forth in Code of Civil Procedure Sections 995 650 et seq Bonds shall 9 - be accompanied with an appropriate power of attorney authorizing the execution of the bond 21 Indemnification CONTRACTOR and DISTRICT agree that DISTRICT should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the DISTRICT, except for liability attributable to the DISTRICT's active negligence CONTRACTOR acknowledges that DISTRICT would not enter into this Agreement m the absence of this commitment from CONTRACTOR to indemnify and protect DISTRICT as set forth here To the full extent permitted by law and excepting only the active negligence of DISTRICT, established by a court of competent jurisdiction or written agreement between the parties, CONTRACTOR shall defend, indemnify and hold harmless DISTRICT, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees incurred by DISTRICT, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of the Agreement All obligations under this provision are to be paid by CONTRACTOR as incurred by the DISTRICT 10 Without affecting the rights of the DISTRICT under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless DISTRICT as set forth above for liability attributable to the active negligence of DISTRICT, provided such active negligence is determined by agreement between the parties or the findings of a court of competent jurisdiction This exception will only apply in instances where the DISTRICT is shown to have been actively negligent and not in instances where CONTRACTOR is solely or partially at fault or in instances where DISTRICTs active negligence accounts for only a percentage of the liability involved In those instances, the obligation of CONTRACTOR will be for that portion or percentage of liability not attributable to the active negligence of DISTRICT as determined by written agreement between the parties or the findings of a court of competent jurisdiction The obligations on CONTRACTOR under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to DISTRICT, its employees and officials CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub contractor, subtler contractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance or subject matter of this Agreement In the event CONTRACTOR fails to obtain such indemnity obligations form others as required here, CONTRACTOR agrees to be fully responsible according to the terms of this section Failure of DISTRICT to monitor compliance with these requirements imposes no additional obligations on DISTRICT and will in no way act as a waiver of any rights hereunder This obligation to indemnify and defend DISTRICT as set 11 forth herein is binding on the successors, assigns, or heirs of CONTRACTOR and shall survive the termination of this Agreement or this section 22 Insurance CONTRACTOR agrees to provide insurance in accordance with the requirements set forth here If CONTRACTOR uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so The following coverages will be provided by CONTRACTOR and maintained on behalf of the DISTRICT and in accordance with the requirements set forth herein Commercial General Liability/Umbrella Insurance Primary insurance shall be provided on ISO CGL form No CG 00 01 ` or 88 Total limits shall be no less than five (5) million dollars per occurrence for all coverages DISTRICT and its employees and agents shall be added as additional insureds using ISO additional ID D insured endorsement form CG 20 10 4-r$5 - - : - - • ! • • - , A.p.p CG 0 3-7 0 t 9 . . _ - - - • •• • . - • - • •;) Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to DISTRICT or any employee or agent of DISTRICT Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured Umbrella Liability Insurance (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum, and shall include a "drop down" provision providing primary coverage above a maximum $25,000 00 self insured retention for liability not covered by primary policies but covered by the umbrella policy Coverage shall be following form to any underlying coverage Coverage shall be provided on a "pay on behalf" basis, with defense costs 12 payable in addition to policy limits There shall be no cross liability exclusion Policies shall have concurrent starting and ending dates Business Auto/Umbrella Liability Insurance Primary coverage shall be written on Iso Business Auto coverage form CA 00 01 %-92-including symbol 1 (Any Auto) Limits shall be no less than five (5) million dollars per accident Starting and ending dates shall be concurrent If CONTRACTOR owns no autos, a non owned auto endorsement to the General liability policy described above is acceptable Workers' Compensation/Employers' Liability shall be written on a policy form providing workers' compensation statuary benefits as required by law Employers' liability limits shall be no less than one (1) million dollars per accident or disease Employers' liability coverage shall be scheduled under any umbrella policy described above Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the DISTRICT, its employees or agents CONTRACTOR and DISTRICT further agree as follows 1 This Section supersedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section 2 Nothing contained m this Section is to be construed as affecting or altering the legal status of the parties to this Agreement The insurance requirements set forth in this Section are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such 3 All insurance coverage and limits provided pursuant to this agreement shall apply to the full extent of the policies involved, available or applicable 13 - Nothing contained in this Agreement or any other agreement relating to the DISTRICT or its operations limits the application of such insurance coverage 4 Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by insurance Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type 5 For purposes of insurance coverage only this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards, performance of this Agreement 6 All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit CONTRACTOR, and CONTRACTOR's employees, or agents, from waiving the right of subrogation prior to a loss CONTRACTOR hereby waives all rights of subrogation against DISTRICT 7 Unless otherwise approved by DISTRICT, CONTRACTOR's insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best's" Insurance Guide rating of "A VII" Self insurance will not be considered to comply with these insurance specifications 8 In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, DISTRICT has the right but not the duty to obtain the insurance it deems necessary and any premium paid by district will be promptly reimbursed by CONTRACTOR 9 CONTRACTOR agrees to provide notarized evidence of the insurance required herein, satisfactory to district, consisting of certificate(s) of insurance 14 evidencing all of the coverages required and an additional insured endorsement to CONTRACTOR's general liability and umbrella liability policies (if any) using ISO form CG 20 10 -83 Certificate(s) are to reflect that the insurer will provide thirty to of (30) days notice of any cancellation of coverage CONTRACTOR agrees to require its insurer to modify such certificates of any cancellation of coverage CONTRACTOR agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions CONTRACTOR agrees to provide complete copies of policies to DISTRICT upon request 10 CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverages 11 Any actual or alleged failure on the part of the DISTRICT or any additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of DISTRICT or any additional insured, in this or any other regard 12 CONTRACTOR agrees to require all subcontractors or other parties hired for this project to provide general liability insurance naming as additional insureds all parties to this Agreement CONTRACTOR agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here CONTRACTOR agrees to require that no contract used by any subcontractor, or contracts CONTRACTOR enters into on behalf of DISTRICT, will reserve the right to charge back to DISTRICT the cost of insurance required by this Agreement CONTRACTOR agrees that upon request, all agreements with subcontractors or others with whom CONTRACTOR contracts 15 with on behalf of DISTRICT, will be submitted to DISTRICT for review Failure of DISTRICT to request copies of such agreement will not impose any liability on DISTRICT, or its employees 13 If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds 14 CONTRACTOR agrees to provide immediate notice to DISTRICT of any claim or loss against CONTRACTOR that includes DISTRICT as a defendant DISTRICT assumes no obligation or liability for such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the DISTRICT 23 Legal Work Day Penalties for Violation Eight (8) hours of labor shall constitute a legal day's work CONTRACTOR shall not require more than eight (8) hours labor in a day from any person employed by CONTRACTOR in the performance of such work CONTRACTOR shall forfeit as a penalty to DISTRICT the sum of Twenty Five ($25 00) Dollars for each laborer, workman or mechanic employed in the execution of this Contract by CONTRACTOR, or by any subcontractor for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than eight (8) hours per day in violation of the provisions of Section 1815 of the Labor Code of the State of California 16 24 Prevailing Wage Scale The minimum compensation to be paid for labor upon all work performed under this Contract shall be the general prevailing wage scale established by the Department of Industrial Safety for the State of California and as adopted by DISTRICT CONTRACTOR shall forfeit the sum of $50 00 per day to DISTRICT for each day prevailing wages are not paid in accordance with Labor Code Section 1775 CONTRACTOR shall comply in all respects with Title 40 U S C Section 276a, also known as "The Davis-Bacon Act" where federal funds are involved and CONTRACTOR shall also comply in all respects with California Labor Code Sections 1770 et seq if applicable If CONTRACTOR is engaged in the construction, prosecution, completion or repair of any public building or public work, or building or work financed in whole or in part by loans or grants from the United States, CONTRACTOR shall furnish each week to the DISTRICT Finance Officer a statement with respect to the wages paid each of its employees during the preceding weekly payroll period 24a Payroll Records The CONTRACTOR and all Subcontractors shall keep accurate payroll records on the job site in accordance with Labor Code Section 1776 and make those records available for inspection at all reasonable times 17 25 Emergency Additional Time for Performance Procurement of Materials If, because of war or other declared national emergency, the Federal or State government restricts, regulates or controls the procurement and allocation of labor or materials, or both, and if solely because of said restrictions, regulations or controls, CONTRACTOR is, through no fault of CONTRACTOR, unable to perform this AGREEMENT, or the work is thereby suspended or delayed, any of the following steps may be taken A DISTRICT may, pursuant to resolution of the Board grant CONTRACTOR additional time for the performance of this AGREEMENT sufficient to compensate in time for said delay or suspension To qualify for such extension of time, CONTRACTOR, within three (3) days of CONTRACTOR's discovering such inability to perform, shall notify DISTRICT Manager/Engineer in writing thereof and give specific reasons therefor, DISTRICT Manager/Engineer shall thereupon have sixty (60) days within which to procure such needed materials or labor as it is specified in this AGREEMENT, or permit substitution or provide for changes in the work in accordance with other provisions of this AGREEMENT Substituted materials, or changes in the work, or both, shall be ordered in writing by DISTRICT Manager/Engineer, and the concurrence of the DISTRICT Board shall not be necessary All reasonable expenses of such procurement incurred by the DISTRICT Manager/Engineer shall be defrayed by CONTRACTOR, or 18 B If such necessary materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either party may, upon thirty (30) days written notice to the other, terminate this AGREEMENT In such event, CONTRACTOR shall be compensated for all work executed upon a unit basis in proportion to the amount of the work completed, or upon a cost plus ten percent (10%) basis, whichever is the lesser Materials on the ground, in process of fabrication or en route upon the date of notice of termination specially ordered for the project and which cannot be utilized by CONTRACTOR, shall be compensated for by DISTRICT at a cost, including freight, provided that CONTRACTOR shall take all steps possible to minimize this obligation, or C DISTRICT Board, by resolution, may suspend this AGREEMENT until the cause of inability to perform is removed, but for a period of not to exceed ninety (90) days If this AGREEMENT is not canceled and the inability of CONTRACTOR to perform continues, without fault on CONTRACTOR's part, beyond the time during which the AGREEMENT may have been suspended, as hereinabove provided, DISTRICT Board may further suspend this AGREEMENT, or either party hereto may, without incurring any liability, elect to declare this AGREEMENT terminated upon the ground of impossibility of performance In the event DISTRICT declares this AGREEMENT terminated, such declaration shall be authorized by the DISTRICT Board, by resolution, and CONTRACTOR shall be notified in writing thereof within five (5) days after the adoption of such resolution Upon such termination, CONTRACTOR shall be entitled to proportionate 19 compensation at the agreement rate for such portion of the AGREEMENT as may have been performed, or D DISTRICT may terminate this AGREEMENT without cause, in which case CONTRACTOR shall be entitled to proportionate compensation at the agreement rate for such portion of the AGREEMENT as may have been performed Such termination shall be authorized by resolution of the DISTRICT Board Notice thereof shall be forthwith given in writing to CONTRACTOR and this AGREEMENT shall be terminated upon receipt by CONTRACTOR of such notice 20 26 Provisions Cumulative The provisions of this AGREEMENT are cumulative and in addition to, and not in limitation of, any other rights or remedies available to DISTRICT 27 Notices It shall be the duty and responsibility of CONTRACTOR to notify subcontractors and materialmen of the following special notice provision, namely, all notices of intention to lien or stop notices shall be either personally delivered or transmitted by certified mail, but in either event said notices shall be directed to the DISTRICT All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid Notices required to be given to DISTRICT shall be addressed as follows, COSTA MESA SANITARY DISTRICT 628 W 19th Street Costa Mesa, California 92627 Notices required to be given to CONTRACTOR shall be addressed as follows National Plant Services, Inc 1461 Harbor Avenue Long Beach, CA 90813 2741 - 21 Notices required to be given to CONTRACTOR's sureties shall be addressed as follows 28 Subcontracting CONTRACTOR acknowledges that he is aware of the provision of the "Subletting and Subcontracting Fair Practices Act" and that he agrees to comply with all applicable provisions thereof If any part of the work to be done under this Contract is subcontracted, the subcontract shall be in writing and shall provide that all work to be performed thereunder shall be performed in accordance with this Contract Upon request, certified copies of any or all subcontracts shall be furnished the DISTRICT The subcontracting of any or all of the work to be done will in no way relieve the CONTRACTOR of any part of his responsibility under the Contract Breach of any of the above provisions will be considered a violation of the Contract, and the DISTRICT may cancel the Contract, assess the CONTRACTOR a penalty of not more than 10 percent (10%) of the subcontract involved, or cancel the Contract and assess the penalty All persons engaged in the work, including subcontractors, will be considered employees of the CONTRACTOR CONTRACTOR will be held responsible for their work The DISTRICT will deal directly with and make all payments to the CONTRACTOR 29 CONTRACTOR's Affidavit After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the DISTRICT's Manager/Engineer his affidavit stating that all workmen and persons employed and all firms supplying materials, 22 and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connections with Notice to Withhold, which have been filed under the provisions of the statutes of the State of California 30 CONTRACTOR's Waiver The acceptance of CONTRACTOR of the final payment shall constitute a waiver of all claims against DISTRICT under or arising out of the Contract unless the disputed amounts are specifically set forth in the affidavit and release 31 Notice to Proceed No work, services, material or equipment shall be performed or furnished under this Contract unless and until a notice to proceed has been given to the CONTRACTOR by DISTRICT's Manager/Engineer and all bonds and certificates of insurance required pursuant hereto have been furnished to and approved by DISTRICT 32 Utility Location DISTRICT acknowledges its responsibilities with respect to the location of utility facilities pursuant to California Government Code Section 4215 33 Discrimination CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or disability - 23 34 Governing Law This Contract and any dispute arising hereunder shall be governed by the law of the State of California. 35 Integration The parties agree that this document represents their entire agreement and that this AGREEMENT may not be subsequently modified unless said modification is made in writing and is signed by both parties 36 Changes DISTRICT may, by written change notice, make changes in the work, changes in or addition to the specification, require additional work or services or direct the omission of work or services covered by this AGREEMENT If any such change or requirement causes any increase or decrease in the CONTRACTOR's cost of performance of this AGREEMENT, an equitable adjustment shall be made and the AGREEMENT modified in writing accordingly No claim by CONTRACTOR for adjustment under this paragraph shall be valid unless asserted in writing by CONTRACTOR within thirty (30) days from the date of receipt of said written change notice signed by the DISTRICT's Manager/Engineer or the President and Secretary of the Board of Directors, as appropriate CONTRACTOR shall make no additions, changes, alterations or omissions except upon the written change notice of the DISTRICT Manager/Engineer given before the work is to be done or before services are rendered The DISTRICT Manager/Engineer shall only have authority to order changes when the work is of a value less than 2% of the 24 contract amount or TEN THOUSAND DOLLARS ($10,000 00) whichever is greater All other changes must be approved by the Board of Directors A Extra Work Damages Should CONTRACTOR encounter extra work due to the discovery of unforeseen conditions that CONTRACTOR should not have anticipated based in its own independent investigation, or due to changes in the project made by DISTRICT, CONTRACTOR shall immediately bring such condition to the attention of the DISTRICT's Manager/ Engineer and shall submit a Request for Change Order within thirty (30) days in the form set forth in the contract documents All such requests for extra compensation shall be subject to the approval of the Board of Directors unless within the authority of the DISTRICT Manager/Engineer B Limitation of Damages CONTRACTOR shall be limited in the damages that it may recover under this contract CONTRACTOR shall be limited to extra days for delay time and any direct costs related thereto, and to the direct costs of completing extra work "Direct Costs" shall be those items defined in Section 3 3 2 2 Basis for Establishing Costs, Standard Specifications for Public Works Construction, 1997 edition Excluded from direct costs shall be mark ups on materials, equipment rentals or other items or expenditures, so called "Eichleay damages" including, but not limited to, home office overhead, lost bonding capacity, lost profits, and lost interest 37 Independent CONTRACTOR CONTRACTOR acknowledges and agrees that he is an independent CONTRACTOR who has been retained for the results of his work and not for the 25 means by which it is accomplished It is specifically agreed that the DISTRICT does not have the right of control over the mode of doing the work contracted for and that neither the CONTRACTOR, his employees, nor his consulting Engineers are employees of the DISTRICT 38 Remedies The remedies provided DISTRICT herein shall be cumulative, and in addition to any other remedies provided by law or equity A waiver of a breach of any provision hereof shall not constitute a waiver of any other breach 39 Books and Records CONTRACTOR's books, records and its plants or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to observation and audit by any authorized representative of DISTRICT 40 Notice to DISTRICT of Labor Disputes Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to DISTRICT 41 As Built Drawings CONTRACTOR shall provide DISTRICT's Engineer with drawings of the Construction in its "as built" condition 26 42 Days and Hours of Work Should the CONTRACTOR desire to perform construction work on Saturday, Sunday or on any day observed as a holiday by DISTRICT, or prior to 8 00 a.m or after 5 00 p m of any day, he must submit his written request to DISTRICT's Manager/Engineer at least 24 hours prior to the proposed start of such work No such work shall be commenced without the prior approval of the DISTRICT's Manager/Engineer The DISTRICT observes those holidays specified by Government Code Section 6700 The foregoing shall not apply in the case of an emergency necessitating immediate work 43 CONTRACTOR's Independent Investigation No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by DISTRICT for purpose of letting this Contract out to bid, will be accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of said Contract, specifications, and plans Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time In accordance with Public Contracts Code Section 7105, CONTRACTOR shall not be liable for Acts of God 27 44 Interpretation In the event of any conflict, inconsistency or incongruity between the provision of this Contract and the provisions of Paragraph 2 hereof, or amendments thereto, the provisions of this Contract shall control in all respects 45 Attorney's Fees If any action at law or in equity is necessary to enforce or interpret the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled If any action is brought against the CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the DISTRICT as a party to said action, DISTRICT shall be entitled to reasonable attorney's fees, costs and necessary disbursements 46 Additional Costs CONTRACTOR shall be responsible to reimburse the DISTRICT a sum equal to the expenses of administration and legal services required to be expended by the DISTRICT in processing Notices to Withhold, Stop Notices, or similar legal documents arising out of a failure of the CONTRACTOR to pay for labor or materials Said obligation shall be provided for in the payment bond required by the CONTRACTOR The DISTRICT shall further have the right to offset any such costs and expenses incurred by DISTRICT against any sums owing to CONTRACTOR under the AGREEMENT 47 Assignment No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the DISTRICT unless - 28 such assignment has had prior written approval and consent of the DISTRICT and the surety 48 Safety and Site Condition CONTRACTOR shall perform all operations with due regard for safety and in strict compliance with all applicable laws relating thereto It shall be CONTRACTOR's responsibility to keep the site in a clean, neat and orderly condition It shall also be CONTRACTOR's duty to dust palliate all working areas and access routes, if applicable All operations shall be conducted by CONTRACTOR so that no fire hazards are created 49 Observation Services shall be furnished by the DISTRICT on an eight (8) hour day and forty (40) hour week basis Any additional observation that is required in excess of the foregoing shall be paid for by the CONTRACTOR at special hourly rates to be determined by DISTRICT 50 Workmanship and Materials Unless otherwise specifically provided for in the specifications, all workmanship, equipment, materials and articles incorporated in the work covered by this Contract are to be new and of the most suitable grade of their respective kinds for the purpose intended Where equipment, materials or articles are referred to in the specification as "equal to" any particular standard, DISTRICT shall decide the question of equality In the manner, and to the extent required by the specifications, CONTRACTOR shall furnish DISTRICT for approval full information concerning the equipment, materials or articles which he contemplates incorporating in the 29 work Samples of material shall be submitted for approval when required for specification In addition to furnishing a list of subcontractors, and prior to commencing the work covered by this Contract, CONTRACTOR shall furnish DISTRICT a list of the equipment, materials, or articles CONTRACTOR proposes to use in the performance of this Contract Substitutions of equipment, materials or articles shall not be done unless approved by the DISTRICT's Manager/Engineer 51 Warranty Unless otherwise agreed to in writing by the parties, CONTRACTOR warrants that the work shall be performed in the best and most workmanlike manner by qualified, careful and efficient workers, in strict conformity with the best standard practices, shall be free from defect m workmanship and material, and shall conform with all provisions of this Contract, including, but not limited to, all specifications included in this Contract The provisions of this warranty, together with any applicable warranties and guarantees of CONTRACTOR's subcontractors and suppliers shall survive observation, test and acceptance of any payment for the work performed hereunder and shall run to the DISTRICT its successors and assigns Except for latent defects, fraud or such gross mistakes of CONTRACTOR as amount to fraud, notice of any defect or non-conformity may be given by DISTRICT to CONTRACTOR at any time prior to the expiration of ONE YEAR after the recording of the Notice of Completion by DISTRICT of such work CONTRACTOR shall promptly perform all work required to correct such defects or non conformities by replacement or repair, as DISTRICT may direct, all at CONTRACTOR's sole cost and expense All defective or non conforming material which DISTRICT requires to be replaced shall be removed promptly from the site of the work by CONTRACTOR at its sole expense If CONTRACTOR fails 30 promptly to correct any non conformity DISTRICT may do so and charge the cost thereof to CONTRACTOR Work required to be corrected or replaced shall be subject to the provisions of this paragraph in the same manner and to the same extent as when such work was initially presented for final acceptance DISTRICT s right to require CONTRACTOR to repair or replace any defective or non conforming work shall be in addition to any other rights DISTRICT may have for breach of warranty and shall not be considered as an exclusive remedy If the DISTRICT prefers to accept defective or non conforming work, it may do so instead of requiring its removal or correction, in which case a Change Order will be issued to reflect a reduction in the Contract Sum where appropriate and equitable Such adjustment shall be effected whether or not final payment had been made 52 Regional Notification Centers CONTRACTOR agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216 before commencing any excavation 53 Trench Protection CONTRACTOR shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705 54 Trenching Conditions If this contract involves digging trenches or other excavations that extend deeper than four feet below the surface, CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the DISTRICT in writing, of any 31 55 Assignment of Clayton Act and Cartwright Act Claims In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor of subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U S C Sec 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract This assignment shall be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgment by the parties 56 Notice of Third Party Claims. District agrees to provide Contractor with timely notice of the receipt of any third party claim related to the contract, pursuant to Public Contracts Code Section 9201 33 a 4 Dated this I r day of ()c blac,- 2005 COSTA MESA SANITARY DISTRICT )1/14 /.71/1,4 By President By Secretary APPROV SAS T FORM By General Counsel APPROVED AS TO CONTENT By ) / ,c ' Dist t Manager/Engineer CONTRACTOR Contract• #-tt` 1- P '—` 'c- By — v Its f � ( ST BE NOTARIZED) G lasc 5ce OVANNA M POOLEz V:,.���� _ OMM.#1373801 34 (9`�t;AI NOTA'Y PUBLIC-CALIFORNIA�TY COMM PL SEPT 9 N2006 y , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,(, , ,,,,eCJC'<'.G.C.O<._ . MAY •-5.• - •A"A.-..v,•ss.• v,.•v;.ate.•a.•_a..,..•v,- •w a_v,..„ •v,_vim-vim••a-_. .v.,,•:v'Y, State of Ca/t I d C /1 t a_. O' fi t?l County of 0 rC,v‘cs•4°-- On O tobei 3i) P2DOy before me Toav,Nydr een I`6)/Jrck Date ame and Title of Officer(e.g., I Ree "J ne Doe,Notary Public") fi personally appeared Te yt n l i /`ee Yi e— - - Name(s)of Signer(s) ' r ?personally known to me–OR –=i proved to me on the basis of satisfactory evidence to be the person(S) '9) <>: whose name($) is/ate subscribed to the within instrument ' and acknowledged to me that he/shc/they executed the 01 r JOAN DOREEN POPICK same in his/hhe their authorized capacity(ies) and that by )i 'h hts/ho /thC -si nature on the instrument the person(A) sI Z < „er Commission it 13837E4 9 ( p (A) a . Z -^ Notary Public California ; or the entity upon behalf of which the person($) acted, ;l .; 4' Orange County — executed the instrument. l My Comm.Expires Nov 7 2006 WITNESS my hand and official seal 1 9i 9l Signature of Notary Pu lic ;91 9i OPTIONAL 9■ r Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ; i fraudulent removal and reattachment of this form to another document. '9I Description of Attached Document '9 Title or Type of Document P Cy'GGWI e_ tn.t ?) • Document Date. Number of Pages �� 9! >'I Signer(s) Other Than Named Above ?. Capacity(ies) Claimed by Signer(s) J) Signer's Name. _ Signer's Name a ❑ Individual ❑ Individual al ❑ Corporate Officer ❑ Corporate Officer ! Title(s) Title(s) i ❑ Partner—C Limited ❑ General ❑ Partner—L Limited C General 9i ❑ Attorney-in-Fact , ❑ Attorney-in-Fact 1( ❑ Trustee ❑ Trustee 01 ❑ Guardian or Conservator RIGHT THUMBPRINT RIGHT THUMBPRINT OF SIGNER ❑ Guardian or Conservator OF SIGNER 111 ❑ Other Top of thumb here ❑ Other. Top of thumb here '91 9 9 q 91 A Signer Is Representing Signer Is Representing. 9i 4 C > , ar ar y. T• _ .et• _ c7 r v N' q C 1995 National Notary Association 8236 Remmet Ave P.O.Box 7184 Canoga Park,CA 91309-7184 Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827 A ! 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .eX CC ,G'� � '�c,Y ooc<,coc(v., ' ' c<'��,c` c as., ,as 9a,a._ os.,a:aa. -�s, oa 9 ' ■ )I yl c State of California $l County of Ch ss of$) ��-- n nl `: On &� ' 114 2.005 before me * aQH #1 y�l Pte. ) I Date Name and Till of Officer( .g Jane e,Notary Public") l' personally appeared SO/91AtI, )1• EL-4.4(e(s) (z a g, t 91 I. ���/// Name(s)of Signer(s) /personally known to me ❑ proved to me on the basis of satisfactory i evidence A to be the person whose name is/� c,, REVA!( subscribed to the within instrument and s ' Commission# 1525560 acknowledged to me that he/she lie executed I ;�* ;c Notary Public California the same in his/her authorized ` # ,' Orange County capacit le and that by his/he,.ice si My Comm.Expires Dec 8,2008 signature on the instrument the person, or '$ the entity upon behalf of which the person( ( acted executed the instrument A (t 11 WITNESS my hand and official seal 9 IA. �) $) ii i Place Notary Seal Above Signature of Notary Public q) IQ. 9/ OPTIONAL l (i Though the information below is not required by law, it may prove valuable to persons relying on the document $' tp and could prevent fraudulent removal and reattachment of this form to another document. e>l pI Description of Attached Document p Title or Type of Document Pk h e Document Date. Number of Pages r Signer(s) Other Than Named Above. y i, :yl Capacity(ies) Claimed by Signer 9l Signer's Name RIGHT THUMBPRINT ft OF SIGNER '4p C Individual Top of thumb here �J (k• ❑ Corporate Officer—Title(s). t; ❑ Partner— Limited l General e F. Attorney in Fact 'l '. ❑ Trustee ',I e ❑ Guardian or Conservator ❑ Other ;4 << 91 le Signer Is Representing I ii. cti in 01999 National Notary Association 9350 De Soto Ave P.O.Sox 2402 Chatsworth.CA 91313-2402 www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 07/07/2005 1B 15 5624951528 NATIONAL PLANT SERVI PAGE 02/02 NATIONAL PLANT SERVICES, INC Specializing in today's needs for envirnnmental protection. 1461 Harbor Avenue • Long Beach CA 90813-2741 ■ 562436-7600•Fax:562495-1528 July 7 2005 Costa Mesa Sanitary District 234 E.17TH Street,Suite 205 Costa Moss CA 92627 Attention Mr Robin B flamers District Engineer Re- CMSD Cooperatiye Protect Contract 0403 Job 1t175 In accordance with your rtfquest,we are pleased to submit the following proposal Scope of Work To inspect approximately 1,120,000 LF of 6"—30"diameter sewer lines located in the Costa Mesa Sanitary District. All work will be performed in accordance with City of Fullerton CCTV specifications Work Plan. Sewers will be cleaned by others prior to performing inspections. Sewers will be inspected using tractor-mounted cameras Manholes will Lie recorded to the extent possible by panning up from the manhole base. Defects observed will be noted and included in the CCTV inspection reports CCTV inspection will be performed by PACP-certified operators(NASSCO)using PACP-approved WinCan software Inspections will be recorded digitally in mpegl or mpeg4 format. Inspections will be performed in systematic manner Schedules will be prepared in conjunction with the District. All inspections will be completed within a 12 month period with a projected start date of August 1 2005, Submittals: An original and a copy of video files will be provided on removable hard drives. Log sheets will be provided in PDF format Pictures of defects will be provided in jpeg format. NPS will provide an overall rating of line segments using the PACP rating system National Plant Services Will Furnish: All supervision,equipment and personnel necessary to perform this work at the direction of Costa Mesa Sanitary District. Costa Mesa Sanitary District Wi!f Furnish: Complete access,openings and rights-of-way to the work area;any and all local permits or licenses that may be required all maps all public relations and public notifications all traffic control plans and permits that may be required,any additional traffic control that may be required in excess of NPS' truck-mounted arrowboard and cones Price: The following schedule of rates and charges will apply to the performance of this work 1 CCTV Inspections @$.4.3/LF Price excludes cleaning plugging by-pass pumping and reverse setups necessitated by grease roots or other debris If inspection cannot be completed due to dirty pipe the District will be charged for the total footage of the line segment. 2. Cleaning and/or Other Services @$225.00n-Ir ST Price based on performing this work with one piece of equipment and a two(2) person crew All prices are based on existing Insurance coverage Terms. National Plant Services Terns and Conditions are attached and incorporated into this proposal Re. •ectfulfy sybmittc-d SO L •ennf5 ' cane President �H1451T "lyre Uk pee 0 U 51211" 4/FOR REQUEST FOR PROPOSAL CCTV INSPECTION AND CLEANING OF SANITARY SEWERS RFP # 031005 DUE DATE March 10, 2005 CITY OF FULLERTON MAINTENANCE SERVICES DEPARTMENT 1580 W COMMONWEALTH AVE FULLERTON, CALIFORNIA 92833 PROJECT DIRECTOR Robert Savage Director Maintenance Services Phone (714) 738 6897 REQUEST FOR PROPOSAL CCTV INSPECTION OF SANITARY SEWERS DESCRIPTION The City of Fullerton is soliciting proposals from qualified firms for the cleaning television inspection and recording, by means of a closed circuit color television camera, of approximately 300,000 linear feet of sanitary sewer mains The purpose of this proposal is to obtain a qualified firm to provide closed circuit television (CCTV) sewer inspection services This project continues the CCTV and videotape inventory of the City's sanitary sewer infrastructure The sizes of the lines to be inspected vary from 6" up to 39" in diameter The majority of the work (approx 90%) will be performed on mains in the 6"through 12" range with more than 50% of the total work being 8" line This work shall include cleaning of sewer mains prior to CCTV inspection QUALIFICATIONS The Contractor shall be licensed in the State of California as a General Engineering Contractor, General Building Contractor, or C42 Specialty Contractor with current and valid certificates of license Additionally, the Contractor shall submit a sample DVD (or CD) and related documentation of a CCTV inspection to be used in determining the quality of the Contractor's work The City reserves the right to disqualify and reject the proposal of any Contractor who submits a sample showing an inspection that does not meet the specifications provided herein This DVD (or CD) shall also be used for comparison with work performed under this Contract to determine if the Contractor is delivering promised quality Submittal of CDs in lieu of DVDs will only be allowed prior to award of a Purchase Order Once a Purchase Order is issued, the Contractor shall submit the digital recording only on DVDs in accordance with these specifications The Contractor shall perform all inspections under this Contract using the *WinCan software specified The Contractor shall supply to the City a registered copy of the specified software with engineering key (dongle) for use by the City in evaluating work performed The engineering key will become property of the City Qualified Contractors shall have this software installed on the CCTV vehicles and a sufficient number of operators trained to use the software The Contractor shall submit a list of trained operators and use only these operators to perform CCTV for this Contract *WinCan software is available from WinCan America, Inc., Albuquerque, New Mexico(505)341-0109 Page 1 PROPOSED SCOPE OF SERVICES CCTV INSPECTION OF SANITARY SEWERS SCHEDULING The Contractor shall submit a schedule of the specific sewer reaches that are to be cleaned and inspected no later than the Thursday proceeding the scheduled week The schedule shall give an estimated breakdown on a day-by-day basis No CCTV shall be performed unless the City has received this schedule and has given its authorization to proceed The Contractor shall schedule the work so that, for each sewer listed, the inspection begins at the most upstream end and proceeds in a downstream direction until all work on that sewer is completed Inspections may only be performed when the depth of flow is less than 50% of the pipe diameter All flow diversions or restrictions must be scheduled through the Maintenance Services Department of the City The City reserves the right to rearrange the Contractor's schedule as needed to accommodate work by the City in the sewers and to accommodate requests for emergency CCTV inspections The City will provide a minimum of one (1) working day notice of a change to the Contractor's schedule Any costs resulting from changes to the schedule shall be borne by the Contractor In the event the Contractor cannot access a manhole for a sewer scheduled for CCTV inspection, the Contractor shall notify the City within 24 hours of the incident. A City representative will be made available to demonstrate access to the manhole during normal City working hours The City shall provide the contractor a calendar showing the City's 9/80 work schedule, including alternate Friday closures and City holidays The Contractor shall be required to complete the scheduled CCTV inspection once access has been demonstrated SEWER CLEANING All sewers shall be cleaned within 72 hours prior to CCTV inspection except as directed otherwise by the City Cleaning shall include removal of grease, roots, debris and other obstructions to facilitate the CCTV inspection Contractor shall use the appropriate nozzle or cutter head, (e.g high velocity, water jet root cutter, etc.), to accomplish the cleaning as required for that particular reach of sewer Cleaning methods shall be employed to sufficiently clean the pipe so the camera can pass and fully ascertain and document the structural and operational condition of the pipe Any costs associated with CCTV work that is necessitated by the Contractor's failure to sufficiently clean the main shall be borne entirely by the Contractor The Contractor shall use a maintenance report form supplied by the City to record the location of the cleaning operation the number of feet cleaned and the conditions Page 2 -38- encountered for each section of sewer main that is cleaned The maintenance reports shall be delivered along with the digital video display (DVD), logs and other documentation when a designated area of work has been completed DEBRIS DISPOSAL The Orange County Sanitation District (OCSD) in an effort to assist member cities and/or their Contractors, will accept the solid and semisolid materials removed during the cleaning operations The debris can include grease, tree roots, gravel, sand, and other similar materials The Contractor will deliver all debris to OCSD in accordance with the Sewer Grit Disposal Procedure outlined in Attachment G The City will assist the Contractor with disposal scheduling and notifications DIGITAL RECORDING The CCTV camera shall be a pan/tilt and rotating head camera capable of providing a full view of the inside of all connections and any pipe defects CCTV recording shall be in color and shall have the best quality possible The image shall be in focus at all times The recording shall be done with adequate lighting to provide a clear view of the entire periphery of the sewer including any defects while keeping glare to a minimum The image shall not be obscured by "fog" in the sewer If any submitted video has unacceptable focus, lighting, sound, data, imaging, or interferences the sewer shall be re-inspected at the Contractor's expense The inspection shall be recorded in data DVD format using new high quality DVDs DVDs may contain inspections of more than one sewer All sections of the sewer contained on the DVD shall be contiguous, and in order from the most upstream section to the most downstream, except for reaches with blockages In the event of a sewer line blockage where the CCTV camera is unable to pass a reach of sewer between two manholes, the Contractor shall immediately notify the City The Contractor shall move its camera to the downstream manhole and continue inspecting the reach in an upstream direction If again the camera fails to pass the entire reach, the inspection of this reach shall be considered complete The Contractor may continue work but shall remain at or near the site until City personnel arrive The Contractor shall review the problem with the City's personnel who arrive, making the video of the blockage immediately available for review, using the Contractor's video replay equipment After City crews correct the blockage, the Contractor may be required to re-inspect the reach The Contractor shall be compensated for the additional inspection using the unit cost provided in this proposal This interference should be a rare occurrence due to pre-cleaning of lines prior to CCTV inspection Most likely this will only occur due to pipe defects The DVDs shall be indexed with the WinCan software At the beginning of each inspection run, the general information of the inspection shall be displayed in the following format • Date of the recording • Time of the recording • Name of the Contractor performing the CCTV inspection Page 3 • Street name and/or name of trunk sewer • Direction of inspection (upstream or downstream) • Pipe or liner material • Pipe diameter • Length of reach to be televised • Manhole number from which the camera is traveling • Manhole number to which the camera is traveling In addition, each recording shall continuously display the following information • Street name and/or name of trunk sewer • Number of the manhole from which the camera is traveling • Number of the manhole to which the camera is traveling • Date of recording • Pipe diameter • Pipe material • Footage (continuously updated as indicated below) The information shall be displayed at the lower left hand corner of the image in accordance with the following format. Street name and/or name of trunk sewer MH No. to MH No. Pipe Size and Material Date Footage At the setup manhole, recording of the CCTV inspection shall begin outside of the manhole and shall continue as the camera is lowered into the manhole and shall show the general condition of the manhole CCTV inspection shall show a clear view of the entire periphery (circumference) of the sewer including all defects The camera shall be moved through the sewer, from upstream to downstream, at a uniform rate of not more than 30 feet per minute Distance of sewer between adjacent manholes shall be measured and recorded The distance measurements shall be made from the centerline of the manhole that the camera is traveling from and shall be accurate to within 2 feet for every 1 ,000 feet inspected If more than one manhole reach is inspected in a single run the footage counter shall be reset to zero at the center of each intermediate manhole and a new section created The camera shall pause for a sufficient length of time to adequately document and provide Page 4 accurate distance measurements of all defects in the pipe and the connections observed in the sewer The camera shall rotate, look directly at each defect, and look into each connection to thoroughly document the conditions and determine if the connection is in service In the same manner, the Contractor shall identify all sewer connections at each manhole including the manholes at the beginning and end of setup and all intermediate manholes The Contractor shall capture on DVD, still images of any moderate and severe damage and/or abnormal conditions DIGITAL FORMAT Continuous digital recordings of the inspection view as it appears on the monitor shall be stored It is intended that a digital recording will be made of the complete pipe inspection The recording shall also be used as a permanent record of defects. Unless directed otherwise by the City, the recording shall be MPEG I and shall comply with ISO/IEC 11172 MPEG I specifications Should file sizes become too large, the Contractor may be required to switch and/or convert to MPEG IV format to complete the scope of work of this Contract at no additional cost to the City The digital encoding shall include both sound and visual information that can be reproduced with an image equal to the quality of the original picture on the monitor Compression rate shall be 1.5 Mb/s The operator will pause the digital recording at any time there is a delay in the inspection The pause shall in no way affect, freeze or interrupt the replay of the video and shall not close the video file during the inspection The operator shall store a single video file for each reach inspection The recorded files shall have a resolution of 352 pixels by 240 and an interlaced frame rate of minimum 24 frames per second The data shall be time coded using the elapsed time from the video file The naming of the video file shall be automatic and shall match the indexing file name For each recorded file, indexing shall exist as a separate text file The text file shall include the observation detail and the frame number at which the observation is located The frame number shall be 150 to 200 frames prior to the feet distance the observation appears This shall allow the user in WinCan to use the indexing feature and go to that defect with a click instead of fast forwarding or rewinding Separate MPEG files shall be created for each sewer line segment In case of reverse setup, such inspection shall be stored in a separate MPEG file MPEG files and data inspection files shall be stored on DVD-ROM disks for delivery to the City AUDIO The recording shall include an audio portion describing the condition of the sewer with the video image The audio portion shall be sufficiently free of background noise to produce an oral report that is clear and easily discernible At the beginning of each inspection run, the audio shall identify the Contractor name each crew member date, time, street location and/or trunk sewer, pipe size, pipe material, direction of inspection (upstream or downstream), and the manhole numbers at the beginning and end of each run The audio shall note the location and condition of the pipe defects, including all cracks, breaks, cracked or misaligned joints, root intrusion, infiltration, missing pieces of pipe, corrosion, deposits, obstructions dips in the pipe which cause the camera to go underwater, and any other items which reflect the condition of the sewer line The audio shall also note the location of the connections to the nearest foot, clock positions of the connections condition of connections, and whether the connection is in service The description shall be objective and shall not Page 5 include inspector's estimate of severity, or assumptions about the pipe material or conditions However, subjective observations shall be included on the inspection report. DVD LABELING The individual DVD's and the crystal cases containing them shall each have identifying labels containing the DVD number and date, which will correspond to the data report. The Contractor shall supply two copies of each DVD The DVD's shall both contain all label information with the addition of "Archive" on one copy INSPECTION DATA REPORTS The inspection data report shall be generated using WinCan inspection software The report shall include a hard copy log and computer generated graphic for each inspected sewer manhole-to-manhole reach, similar to that shown on the sample inspection report (Figure 1) The log shall include the appropriate City required fields including but not limited to, DVD number, name of the street and/or trunk sewer upstream manhole, downstream manhole, pipe diameter, pipe material, date and time of inspection The log should also include footage to each defect or feature in the order observed during the inspection, a computer generated graphic for each manhole to manhole reach which indicates the location of each defect or feature found in that segment, and photos of moderate to severe damage and/or abnormal conditions (such as roots or grease) and lateral connections Inspection report data shall be obtained using the full capability of the WinCan software This shall include data tables of observations and pictures where applicable The Contractor shall use the current PACP observation codes The Contractor shall include the report data on the inspection DVD If the inspection is not performed in accordance with City standards or if the quality of the inspection recording media or recording is found, in the City's judgment, to be unacceptable, the submittal will be rejected and the sewer shall be re inspected at the Contractor's sole expense Figure 1 - Example Inspection Report • INSPECTION REPORT NSP£CTtON RAMSES - �tBgM1.N wRR R 4',4, .v.a l a M a ; ,f.•■ MO& MU • f� 0 4444 jY. ..4444 },1 ; '. —� (, � • aro a o. n a«•a+un :747:.. :1:r T Yi rv. wR r Ca i f6il .w..,44m. -;44.44 *b.... uo ,Io Z.e nr. oo.. b...CO.r NM�i}4 \-• .44•• 4 acea 1.410•..r. J D 4444.w .r,nr.1So...m..,. 44044*,...f bwuw.n emN.IMO/ 44440047...0444.44.9 44■...,4414"0.. Page 6 4?.- REPORT DELIVERABLES. During the first 45 calendar days from the initial inspection, the Contractor shall submit, on a weekly basis, a printed CCTV inspection report for each sewer inspected in a three-ring notebook having a hardcover, and two DVDs (one labeled "Archive") containing the inspection and related data report. Thereafter, these items shall be submitted within two weeks of completing inspection of each sewer Delays in the delivery schedule could effect the payment of invoices Inspection reports and DVD recordings will be viewed for QA/QC controls prior to payment by City staff Additionally, once per month the Contractor shall submit a calibration report showing the known length of a line, the televised length of the line as displayed on the footage counter, and the percent difference If the footage measurement is off by more than +/ 0.2%then the camera shall be calibrated and the line televised again with accurate footage measurements The new total footage with the percent difference shall be reported on the calibration report. PRODUCTION MINIMUMS The Contractor shall maintain an average level of production of 80,000 linear feet per calendar month, and a monthly minimum production level of 50,000 linear feet. The Contractor will be allowed 70 calendar days from the date of the Notice to Proceed to demonstrate its average rate of production Commencing on the 71st calendar day after the date of the Notice to Proceed and for each calendar day thereafter, the Contractor shall be liable to the City for liquidated damages in the sum of $250 for each calendar day in which its average monthly production has been less than 50,000 linear feet. If multiple inspection and cleaning crews are used, the contractor must ensure there is continuity of reporting criteria as specified in this document. The Contractor shall not be granted relief from these production minimums for equipment problems or work stoppage due to a violation of any of these specifications EQUIPMENT, MATERIAL, AND LABOR The Contractor shall provide all labor, equipment, and material needed to thoroughly inspect the assigned sewer lines using closed circuit television (CCTV) equipment and WinCan inspection software CCTV equipment to be used for City sewer inspections shall be manufactured within five years of the Notice to Proceed date The CCTV camera and monitor shall produce a minimum of 460 honzontal lines resolution The City discourages the use of tractor mounted cameras Previous experience indicates that excessive splashing occurs as the flow passes around the tractor and obscures the image The Contractor may use a tractor mounted camera at its risk Re-inspection shall be required, at the expense of the Contractor, where the wall of the sewer cannot be clearly seen In addition, tractor mounted cameras are more likely to be blocked by small amounts of debris in the sewer In such a case the Contractor shall return and CCTV the reach with a skid or float mounted camera at its own expense CCTV inspection of the down-leg of an inverted siphon shall include all non-submerged pipe and may be done by using a float-mounted camera CCTV inspection of the up-leg of an inverted siphon may be done by positioning a float mounted camera so that the camera faces into the up-leg or with an optical zoom equipped pole Page 7 - 43 - camera Jetting the line during inspection is not required A jetter may not be used to propel the camera, but may be used to retrieve "Tag" lines, however, the City may prohibit this practice on sewers where infiltration is suspected If the pipe cannot be clearly visualized because of debris in the line or material adhering to the pipe wall the Contractor may be required to re- inspect the reach The Contractor shall be compensated for the additional inspection using the unit cost provided in this proposal The Contractor is responsible for careful handling and maintenance of its equipment. The City shall not be responsible for damage to the Contractor's equipment under any circumstances (including getting stuck in the pipe) The Contractor shall provide labor as needed to perform the CCTV inspection efficiently and in the safest manner possible The Contractor shall pay its employees prevailing wages according to California Labor Code, Division 2, Part 7, Chapter 1 Article 2, Section 1771 RESIDENT NOTIFICATION The Contractor shall, at all times act to minimize the impact of work on residences in the area including noise and inconvenience of access to property The Contractor shall be responsible for obtaining any local city permits needed to perform maintenance work on public streets prior to performing inspections The Contractor shall notify the Fullerton Police Department night shift Watch Commander when performing work between 10:00 pm and 6:00 am No notification of residents shall be required provided the Contractor is successful in minimizing these impacts, as evidenced by the absence of complaints regarding the work. After one complaint is received regarding the Contractor's operations resident notification by the Contractor of any work being performed outside of normal working hours (7.00 am to 5:00 pm) shall become mandatory In addition the City may determine that resident notification is necessary in some cases even if no complaints are received In these cases, the City shall provide the Contractor with a letter indicating the nature of the Contractor's work, stating that the City has retained its services The Contractor shall photocopy and distribute copies of the letter, at its own expense, to all residents that shall be impacted by the Contractor's operations at least 24 hours in advance of performing work. The letter shall include the date and approximate times that work shall be performed. Hand delivered letters shall not be placed in mailboxes Should the City receive complaints about the Contractor's field operations the Contractor shall alter the procedures to mitigate those complaints Costs to mitigate complaints shall be borne by the Contractor The City may terminate the Contract if any additional complaint occurs If work is to be performed at night, noise is of special concern The Contractor shall not use equipment that has sound levels above 83 dBA measured 10 feet away Meeting the maximum allowable noise level shall not excuse the Contractor from further mitigation efforts if complaints occur at that noise level EMERGENCY NOTIFICATION The Contractor shall immediately notify the City whenever any of the following conditions are Page 8 44 discovered damaged manhole cover, partial or total pipe blockage, partial or total pipe collapse, or missing piece of pipe (regardless of size) The Contractor shall contact the Maintenance Services Department at (714) 738-6897 In the event of an emergency after normal business hours, the Contractor shall follow the emergency procedures on the recorded message The DVD and field log for the section with the damage shall be provided for City review within 24 hours Should the Contractor fail to notify the City of the conditions noted above within the specified timeframe, the Contractor shall be liable to the City for liquidated damages in the sum of $250 per calendar day for the period from the expiration of said 24-hours until the date of delivery for failed notification or failed delivery of the DVD Additionally, the City may terminate the Contract for lack of notification In the event of a sewer blockage resulting from Contractor error, the Contractor shall immediately notify the Maintenance Services Department. Contractor error may include the failure to use equipment in an appropnate manner or the failure to take precautions normally used when televising sewers If this blockage requires the City to respond to the emergency created, the Contractor may be charged for the City's costs to assist with and/or correct the emergency, and report any overflow to the appropriate authorities In addition, any fines associated with the overflow shall be borne by the Contractor SITE HEALTH AND SAFETY REQUIREMENTS This section sets forth the City's policy regarding health and safety and specifies the Contractor's responsibility for maintaining safe work practices at the work site It also serves to disclose to the Contractor any site conditions that might raise health and safety concerns that are unusual or unique to the City's operation It is the responsibility of the Contractor to protect its employees, subcontractors, and suppliers, and to provide a safe place of employment Health and Safety Information In accordance with regulatory requirements the Contractor shall maintain written health and safety program information at the work site At a minimum the Contractor shall maintain at the worksite any programs requested on the "Contractor Safety — Request for Safety Information" checklist in Attachment A The Contractor shall, by means of a qualified person who is knowledgeable in the requirements of the applicable regulations, certify that the requested environmental health and safety programs are compliant with regulatory requirements The Contractor shall deliver to the office of the Maintenance Services Director a copy of all applicable environmental health and safety programs within fifteen (15) days from the issuance of a Purchase Order The Contractor shall use the completed checklist in Attachment A as a cover sheet for the submitted health and safety information SAFETY EQUIPMENT The Contractor shall be required to operate and maintain its own safety equipment Safety equipment includes but is not limited to the following • tripods for confined space entries Page 9 • harnesses • respiratory protective equipment • Personal protective equipment (safety glasses, gloves, hard hats, wet weather equipment, etc.) • gas detection equipment for atmospheric assessment • other equipment necessary to safely complete the project PRE-CONSTRUCTION SAFETY MEETING Prior to the issuance of the Notice to Proceed, the Contractor's designated Health and Safety Representative shall meet with the City's designated representative in a Pre Construction Safety Meeting for the purpose of reviewing safety procedures and other pertinent safety information that shall aid in ensuring safe project completion During the Pre-Construction Safety Meeting the City and the Contractor shall review and complete the following "Contractor Safety— Potential Hazard Notification Form"Attachment B "Pre-Construction Safety Meeting Checklist" Attachment C Hazard Disclosures Relevant to Contractor Work Site There are many intrinsically hazardous areas associated with sanitary sewers The following types of hazardous conditions exist in the vicinity of the work site and it is expected that the Contractor may be exposed to them Confined Space. Confined spaces pose potential toxic hydrogen sulfide gas, explosive sewer gas, and/or oxygen deficiency hazards Entry into all of the above spaces is allowed only through compliance with a permit space program meeting the requirements of Title 8 of the California Code of Regulations, Section 5157 Entry into any City facility that is marked as or suspected to be a confined space shall be by permit only The Contractor shall complete the necessary permit for entry into these spaces Drowning Active sewers pose drowning hazards Sewers that appear to have very low flow may become flooded very quickly, especially when a pump station is located upstream Some manholes do not have structurally sound ladders to facilitate ingress and egress Precautions shall be taken to prevent personnel from falling into sewers and personnel working in the sewer on a confined space permit shall be quickly retrievable Hydrogen Sulfide. Hydrogen sulfide is an acute respiratory hazard with a Permissible Exposure Limit (PEL) of 10 ppm and an Immediately Dangerous to Life and Health (IDLH) level of 300 ppm Hydrogen sulfide gas is found in air spaces above raw wastewater Hydrogen sulfide is most often a hazard in poorly ventilated confined spaces as it is produced in anaerobic areas Positive ventilation is required to protect work areas even in large open trench excavation areas Sewer atmospheres should be ventilated from existing manholes upstream and Page 10 - downstream from the work area (when available) Hydrogen sulfide gas concentrations in the work areas shall be maintained below the 10 ppm eight (8) hour exposure limit, and shall be monitored continuously Work in atmospheres containing greater than 10 ppm hydrogen sulfide shall not be permitted without the use of supplied air respirators Biological Hazards. Pathogenic bacteria and viruses are present in wastewater Proper hygiene shall be practiced to prevent ingestion or inhalation of aerosols from the wastewater Proper hygiene practices include, but are not limited to washing hands with soap and water prior to eating or smoking wearing appropriate personal protective equipment to minimize exposure to wastewater and aerosols and avoidance of rubbing eyes, ears, nose or mouth with hands while in the field. Should the Contractor, while performing work on or in the vicinity of existing facilities, encounter and have reason to believe that any substance may be a hazard to human health and safety and/or the environment, the Contractor shall stop the work, cordon off the affected area to deny entry and immediately notify the City The City shall provide direction to the Contractor as to how to proceed PUBLIC SAFETY The Contractor shall never leave an open manhole unattended or leave any item unattended in any manhole or sewer line All equipment shall be removed from the line at the end of each work session The Contractor shall perform all work in the safest possible manner The City may make unannounced inspections to ensure compliance with safety requirements If the City determines the Contractor to be working in an unsafe manner the Contract shall be terminated TRAFFIC CONTROL All costs for labor, equipment, and materials required to establish traffic control shall be included in the Contract price Traffic control shall be established by the Contractor and shall conform to requirements of the latest "Manual of Traffic Controls for Construction and Maintenance Work Zones" issued by the State of California Department of Transportation, or the latest "Work Area Traffic Control Handbook (WATCH)" HEALTH AND SAFETY DELIVERABLES The Contractor shall submit the health and safety program to the City within fifteen (15) working days from the issuance of a Purchase Order The Contractor shall not commence work until the City receives the program However, the City may issue a Notice to Proceed to begin the Contract time prior to receipt of the Health and Safety Plan The Contractor shall be responsible for all delays resulting from failure to submit the plan The submittal shall include • Written Health and Safety program as outlined in Attachment A. • MSDS's for all hazardous materials to be used by the Contractor Page 11 4-7 COMPENSATION The 300,000 L.F quantities for this project are shown solely for the purpose of comparing proposals The City reserves the right to increase quantities by 150% or decrease quantities by 50% of the amount of any quantity shown without any adjustment in the unit price Contractor shall be paid the unit price shown in the proposal for the amount of work actually completed In special circumstances, the Contractor may be called on to provide emergency cleaning and/or video service for a specific problem area or may encounter work that is atypical in nature and requires extra time to complete The City reserves the right to approve the Contractor's request for an hourly rate of compensation and shall base its approval on the following criteria 1 The hourly rate is designed to allow the Contractor fair compensation for work performed that is of an emergency or of an unusual or unexpected nature Such work would reasonably be expected to consume significantly more time than it would take to complete CCTV inspection in most areas of the City 2 The hourly rate shall be specified on the Contractor's Fee Schedule (Attachment H) 3 The hourly rate may be invoked without the prior approval of the City when the number of feet specified in a single request for video does not exceed 1560 feet. In such cases the Contractor may invoke the hourly rate and charge a four hour minimum Hourly rate requests for footage exceeding 1560 feet or for work requiring more than four hours to complete will be evaluated by the City on a case-by-case basis 4 Requests for hourly rate compensation based on unexpected conditions must be accompanied by the DVD or other evidence showing the nature of the delay or difficulty Hourly rate compensation will not be granted for routine blockages and obstructions that often interrupt the progress of work during a typical day of CCTV inspection These occurrences are to be included in the unit price for CCTV inspection. 5 Hourly rates and unit rates may not both be applied on the same calendar day 6 Cleaning will be billed on a per unit basis whether or not video services are compensated with hourly rates 7 Hourly rates may only be applied during work performed, including actual CCTV inspection of mains and manholes setting up equipment or traffic control and travel time between inspection locations within the City It may not be applied to travel time to the first job location or away from the last job location, for activities unrelated to the inspection of City sewer mains or manholes, or for equipment repairs 8 The City reserves the right to invoke hourly compensation in lieu of unit rate compensation whenever it deems necessary Such requests will be made prior to the commencement of work Page 12 4E_ TENTATIVE SCHEDULE Issue Request for Proposal (RFP) 02-24-05 Submit Proposals 03-10-05 Evaluate Proposals and Contractor Selection 03-14-05 /03 18-05 Award Contract 04-05-05 Begin Work 04-18-05 Proposals shall be delivered and addressed to the City of Fullerton City Clerk's office, 303 W Commonwealth Avenue, Fullerton, California 92832, and shall be labeled "Request for Proposal — CCTV Inspection and Cleaning of Sanitary Sewers, RFP #031005, 4.00 p m , March 10, 2005" Any Proposer who wishes his proposal to be considered is responsible for making certain that his proposal is received in the City Clerk's office by the proper time. No oral telegraphic, electronic, facsimile or telephonic proposals or modifications will be considered unless specified Proposals received after the scheduled Submittal Deadline of 4.00 p.m , March 10, 2005 will be returned unopened ISSUING OFFICE City of Fullerton Maintenance Services Department Director of Maintenance Services 1580 W Commonwealth Ave Fullerton California 92833 PROPOSAL REJECTION The City reserves the right to reject any or all proposals submitted, and is not liable for any pre contractual expenses Pre contractual expenses are defined as expenses incurred by the offeror in (a) preparing the proposal in response to this RFP, (b) submitting that proposal to the City, (c) negotiating with the City in any matter related to this proposal, (d) any other expenses incurred by offeror prior to date of award, if any of the contract Offeror shall not include any such expenses as part of the price as proposed in response to this RFP QUESTIONS REGARDING RFP Any questions regarding this proposal shall be written and emailed or faxed to the Maintenance Services Department no later than 2 PM, Monday March 7, 2005 Page 13 4 - Responses to these questions will be emailed or faxed to those parties who have provided the proper notice of interest in responding to the RFP by 1 PM, March 8, 2005 ADDENDA Any subsequent changes in the RFP from the date of issuance to the date of submittal will result in an addendum by the issuing office to those parties who have provided the proper notice of interest in responding to the RFP PROPOSAL CONTENT AND SIGNATURE Four (4) copies of the Proposal, Fee Schedule, and Attachments will be required with all copies having been signed by the individual or, if a company the company official with the power to bind the company in its proposal To be considered, all proposals shall be completely responsive to the RFP ACCEPTANCE OF CONTRACT The contents of the proposal of the successful Contractor shall become a contractual obligation if a contract ensues Failure of a Contractor to accept this obligation will result in the cancellation of any award Any damage accruing to the City as a result of a failure to contract may be recovered from the Contractor A sample agreement is attached for reference (Attachment F) PRIME CONTRACTOR RESPONSIBILITIES The selected Contractor will be required to assume responsibility for all services offered in its proposal The selected Contractor will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contracts DISCLOSURE Any information, other than cost and price, which a Contractor does not wish to have disclosed, other than for the purpose of evaluation, should have each applicable sheet or part marked "Confidential" — this data shall not be disclosed or duplicated used or disclosed in whole or in part for any purpose other than to evaluate the response, provided that the contract is awarded to this offeror, or as a result of or in connection with the submission of such information, the City shall have the right to duplicate, use or disclose this information to the extent provided in this contract This restriction will not limit the City the right to use information contained herein if it is obtained from another source DELAYS The City reserves the right to delay scheduled dates if it is to the advantage of the City Page 14 RULES FOR PROPOSALS The signer of the proposal must declare in writing that the only person, persons, company or parties interested in the proposal as principals, are named therein, that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal, that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has full authority to bind the principal proposer The signer must declare this to be the best and final proposal No negotiations on costs will be accepted METHOD OF PAYMENT The Contractor shall submit a monthly invoice to the City for services rendered in that month The invoice shall include a detailed breakdown of the services project title and limits, the tasks, the hours, and the unit costs or the hourly rates or percentage completed After receipt of a proper invoice, the City will pay net thirty days, or per early discount terms offered for work completed during the preceding month Penalties can not be assessed to the City if invoices are held for payment pending QA/QC assessment or reinspection by contractor for work not meeting the standards set forth in this document REGULATIONS The selected Contractor will be expected to comply will all applicable federal, state and local regulations, building codes, and contract provisions The ensuing contract shall contain such contractual provisions and conditions necessary to define a sound and complete agreement INFORMATION REQUIRED FROM CONTRACTORS Proposals shall be submitted in the format as described below Sample of Prior Work Provide a sample DVD generated in WinCan software showing an eight-inch or smaller main line in sub-standard condition along with the associated printed report and database file Organization and Credentials Provide a synopsis of the Contractor's qualifications and past experience Work Plan Provide a narrative rendition of the procedures that will be required to do the work Be sure to include detailed information regarding cleaning, digital video format as well as what will be required to adapt the existing software and other procedures to accommodate the City's database requirements Page 15 Staffing The Contractor shall identify its Project Manager as well as other key personnel to be assigned to the project, their qualifications, education, representative experience and their capability to explore and resolve problems Only persons with the same qualifications, education, and experience may be substituted for personnel named in the proposal The City shall be notified in writing at least two days prior to the proposed substitution The City reserves the right to reject any contractor personnel it deems unqualified FEE SCHEDULE The Contractor shall furnish a completed Fee Schedule form (provided by the City) for the proposed services The fee schedule shall include the following A Rate per foot of cleaning The City reserves the right to increase or decrease the quantity of cleaning that is based upon the unit prices provided B Rate per foot of CCTV inspection The City reserves the right to increase or decrease the quantity of inspection that is based upon the unit prices provided C Additional service rates as outlined in the Fee Schedule ADDITIONAL INFORMATION AND COMMENTS The contents under this heading are left to the discretion of the Contractor Material shall be pertinent to the proposal, but not otherwise requested in the RFP CRITERIA FOR SELECTION The response to this Request for Proposal should contain documentation of Contractor's and/or Contractor's agency's credentials and expertise in this field Substantial consideration will be given to Contractors with demonstrable and documented experience in similar work Responses will be evaluated on the basis of the qualifications, abilities and responsiveness of the proposing firms An evaluation committee appointed by the Director of the Maintenance Services Department will review and rate the responses received After this review process the City may conduct interviews with the top rated firms The ultimate Contractor selection will be based upon both technical merit and cost competitiveness The City specifically reserves the right to reject any and all proposals to waive any informality in the process, and to accept any proposal or portion thereof The City shall not be required to make a statement of the reason a proposal is rejected Page 16 - S2 - THE CITY'S AFFIRMATIVE ACTION PROGRAM The City has an affirmative action program The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises All submitting firms must have established affirmative action programs approvable by the City The attached "Certification of Non-Discrimination by Contractors" shall be completed by each submitting firm and included in the proposal (Attachment D) INSURANCE REQUIREMENTS The Contractor shall provide proof of Insurance coverage as stated in the City's Insurance Requirements (Attachment E) The Contractor shall refer to these requirements for the necessary amounts of liability, automotive, and worker's compensation insurance The appropriate endorsements are also specified within the sample contract agreement (Attachment F) The appropriate certificates shall include the City of Fullerton, its officers and employees Page 17 - �3 PERFORMANCE BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford Connecticut 06183 Bond No. 8 SB 104581235 BCM KNOW ALL MEN BY THESE PRESENTS that NATIONAL PLANT SERVICES, INC. 1461 Harbor Avenue Long Beach, CA 90813 (Here insert full name and address or legal title of Contractor) as Principal hereinafter called Contractor and,TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,of Hartford,Connecticut,a corporation duly organized under the laws of the State of Connecticut,as Surety hereinafter called Surety are held firmly bound unto COSTA MESA SANITARY DISTRICT 628 W 19th Street Costa Mesa CA 92627 (Here insert full name and address or legal title of Owner) as Obligee,hereafter called Owner in the amount of SIX HUNDRED TWENTY ONE THOUSAND ONE HUNDRED EIGHTY ONE AND 00/100 Dollars ($ 621,181 00 ),for the payment whereof Contractors and Surety bind themselves,their heirs, executors,administrators,successors and assigns,jointly and severally firmly by these presents. WHEREAS,Contractor has by written agreement dated entered into a contract with Owner for PROJECT NO 175 - OCSD COOPERATIVE PROJECTS GRANT PROGRAM - TELEVISING CMSD SEWER LINES in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof and is hereinafter referred to as the Contract. NOW THEREFORE,THE CONDITION OF THIS OBLIGATION is such a contract between such bidder and Owner and make available as Work that, if Contractor shall promptly and faithfully perform said Contract,then progresses(even though there should be a default or a succession of this obligation shall be null and void, otherwise it shall remain in full force defaults under the contract or contracts of completion arranged under this and effect. paragraph)sufficient funds to pay the cost of completion less the balance of the contract price'but not exceeding including other costs and The Surety hereby waives notice of any alteration or extension of time damages for which the Surety may be liable hereunder the amount set made by the Owner forth in the first paragraph hereof The term balance of the contract price as used in this paragraph,shall mean the total amount payable by Whenever Contractor shall be and declared by Owner to be in default Owner to Contractor under the Contract and any amendments thereto,less under the Contract, the Owner having performed Owner's obligations the amount properly paid by Owner to Contractor thereunder the Surety may promptly remedy the default,or shall promptly Any suit under this bond must be instituted before the expiration of two(2) 1) Complete the Contract in accordance with its terms and conditions,or years from the date on which final payment under the Contract falls due. 2) Obtain a bid or bids for completing the Contract in accordance with its No right of action shall accrue on this bond to or for the use of any person terms and conditions, and upon determination by Surety of the lowest or corporation other than the Owner named herein or the heirs,executors responsible bidder or if the Owner elects, upon determination by the administrators or successors of the Owner Owner and the Surety jointly of the lowest responsible bidder arrange for Signed and sealed this 27th day of July , 2005 NATIONAL PLANT SERVICES,INC. (Principal) (Seal) (Witness) BY (91/C a vA K., k , i (Title) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA .rum( GI A M DA' ATO • TORNEY IN FACT Printed in cooperation with the American Institute of Architects(AIA)by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AIA Document A311 February 1970 edition Page 1 of 2 S-l870-E (07-97) ST PAUL TRAVELERS IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act") The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act The Act further provides that the Federal Government will pay a share of such losses Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year The Act also caps the amount of terrorism- related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000 00, provided that the insurer has met its deductible Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted) Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 4? TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their pnncipal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made constituted and appointed and do by these presents make, constitute and appoint Dwight F Miller, David C Banks,Janice B Kaplan, Carol F Tasciotti, Evonne Brown, Adele M. Korczak, Grace Villarreal, Gail Schroeder, Barbara J Bailey, Cindy Genslinger, Gina M Damato, Thomas A. Pictor, Erik Janssens, Jane Bronson, Michael Damewood, Rosemary Muliere, Kathleen M. Anderson Vaenessa Sims, Luisa Catalano, David Donovan-Schager, John Fay, Lawrence R. Conrath, Marva Hurd, Jeffrey Malecek, Kristy M. Kreger, Thomas N. Tague, Gabriel Jacquez, Brenda D Hockberger, Meredith Day, Kristin J Warzyniak, Sarah A. Thorson, Michael A. Clark, Carlina A. Jewell, Tara S. Petersen, Todd D Baraniak, Dale F Poquette, Oscar F Rincon, Heather Meyer, Stephanie Barranco, of Chicago / Naperville, Illinois, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s) by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies which Resolutions are 'now in full force and effect VOTED. That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any a Second Vice President, the Treasurer any Assistant Treasurer the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authonty as his or her certificate of authority may prescribe' to sign with the Company's name and seal with the Company's seal bonds,recognizances contracts of indemnity and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her VOTED- That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect. VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 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Z u NNO� m .111°4 / A8 V Z 8 6 I p � 'Oyod1HVF1 a • 37 W yr ry o s�� a�' ,frnsvJ OA'Y AI��C ihdtS O'� QfI0.3.L'IVH 30 A11,1f100 ANVdNIOO A.L'IVf1SVD NOL9NIL1I2IV I ppofi eH SS{ ANVd 4 Oa AJ I11s QNV A.L'IVI1SVD Sua'IaAVaL VDRI3IAWV dO ANVAIAJOO A.La2If1s aNV A.L'IVIISVD Sud'IaAV u .1f1DLL33NNO3 dO a.LVIS '1700Z ioqtuaDaG Jo step tPOE sup paxtre olaiag xi of slsas alerodroo itatp pue luaplsard aNA ioiva5 iiagl Aq pau&is aq o1 luatunnsui Sup pasneo aneg ANVd11IO0 A.L'IVIISVO NO.LONILIRIVd Puz ANVJIAWOD A.L32If1S QNV AJ?IVf1SV0 S2I3'IaAVII.L `V0111314IV 30 ANVd111OD A.1.32If1S QNV A1'IVISVO S1I3'I3AVII.L `A03113HM SS3N1JM NI LAX': AND MATERIAL TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA f YMENT BOND Hartford Connecticut 06183 BOND NO 8 SB 104581235 BCM KNOW ALL MEN BY THESE PRESENTS that NATIONAL PLANT SERVICES, INC. 1461 Harbor Avenue Long Beach California 90813 (Here insert full name and address or legal title of Contractor) as Principal hereinafter called Principal,and,TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,of Hartford, Connecticut,a corporation duly organized under the laws of the State of Connecticut,as Surety,hereinafter called Surety are held firmly bound unto COSTA MESA SANITARY DISTRICT 628 W 19th Street, Costa Mesa, California 92627 (Here insert full name and address or legal title of Owner) as Obligee hereinafter called Owner for the use and benefit of Claimants as hereinbelow defined,in the amount of SIX HUNDRED TWENTY ONE THOUSAND ONE HUNDRED EIGHTY ONE AND 00/100 Dollars ($ 621,181 00), for the payment whereof Principal and Surety bind themselves,their heirs executors administrators,successors and assigns,jointly and severally firmly by these presents. WHEREAS. Principal has by written agreement dated entered into a contract with Owner for PROJECT NO 175- OCSD COOPERATIVE PROJECTS GRANT PROGRAM-TELEVISING CMSD SEWER LINES in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof and is hereinafter referred to as the Contract NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such materials were furnished or for whom the work or labor was that, if Principal shall promptly make payment to all claimants as done or performed Such notice shall be served by mailing the hereinafter defined for all labor and material used or reasonably required same by registered mail or certified mail,postage prepaid,in an for use in the performance of the Contract then this obligation shall be envelope addressed to the Principal,Owner or Surety at any void; otherwise it shall remain in full force and effect, subject however to place where an office is regularly maintained for the transaction the following conditions: of business or served in any manner in which legal process may be served in the state in which the aforesaid project is 1) A claimant is defined as one having a direct contract with the Principal located,save that such service need not be made by a public or with a Subcontractor of the Principal for labor, material or both used or offices reasonably required for use in the performance of the Contract, labor and (b) After the expiration of one(1)year following the date on which material being construed to include that part of water gas, power light, Principal ceased Work on said Contract,it being understood heat, oil, gasoline, telephone service or rental of equipment directly however that if any limitation embodied in this bond is applicable to the Contract prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to 2) The above-named Principal and Surety hereby jointly and severally the minimum period of limitation permitted by such law agree with the Owner that every claimant as herein defined who has not been paid in full before the expiration of a period of ninety (90)days after (c) Other than in a state court of competent jurisdiction in arid for the date on which the last of such claimant's work or labor was done or the county or other political subdivision of the state in which the performed, or materials were furnished by such claimant, may sue on this Project,or any part thereof is situated,or in the United States bond for the use of such claimant, prosecute the suit to final judgment for District Court for the district in which the Project,or any part such sum or sums as may be justly due claimant, and have execution thereof is situated and not elsewhere thereon The Owner shall not be liable for the payment of any costs or expenses of any such suit 4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder inclusive of the 3) No suit or action shall be commenced hereunder by any claimant: payment by Surety of mechanics liens which may be filed of record (a) Unless claimant other than one having a direct contract with the against said improvement,whether or not claim for the amount of such lien Principal,shall have given written notice to any two of the be presented under and against this bond. following. the Principal the Owner or the Surety above-named within ninety(90)days after such claimant did or performed the last of the work or labor or furnished the last of the materials for which said claim is made stating with substantial accuracy the amount claimed and the name of the party to whom the DATED:July 27 2005 NATIONAL PLANT SERVICES, INC l/7 C � (Principal) (Seal) (Witness) /ig BY peuus 444 ck.atirirritie, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA��``-- By jAllaMM 11 GINA-VDAMA : �w'ORNEY IN FACT (S 1871 F)07 97 ST PAUL TRAVELERS IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act") The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act The Act further provides that the Federal Government will pay a share of such losses Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year The Act also caps the amount of terrorism- related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000 00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted) Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") bath made constituted and appointed, and do by these presents make, constitute and appoint Dwight F Miller, David C Banks,Janice B Kaplan, Carol F Tasciotti, Evonne Brown, Adele M. Korczak, Grace Villarreal, Gail Schroeder, Barbara J Bailey, Cindy Genslinger, Gina M. Damato, Thomas A. Pictor, Erik Janssens, Jane Bronson, Michael Damewood, Rosemary Muliere, Kathleen M Anderson, Vaenessa Sims, Luisa Catalano, David Donovan-Schager, John Fay, Lawrence R Conrath Marva Hurd Jeffrey Malecek, Kristy M Kreger Thomas N Tague, Gabriel Jacquez, Brenda D Hockberger, Meredith Day, Kristin J. Warzyniak, Sarah A. Thorson, Michael A. Clark, Carlina A. Jewell, Tara S. Petersen, Todd D Baraniak, Dale F Poquette, Oscar F Rincon, Heather Meyer, Stephanie Barranco of Chicago / Naperville, Illinois, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s)- by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are avow in full force and effect VOTED. That the Chairman,the President, any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Secc'nd Vice President, the Treasurer, any Assistant Treasurer the Corporate Secretary or any Assistant Secretary may appoint Attorney-in-Fact I and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may p:zs:ribe to sign with the Company's name and seal with the Company's seal bonds,recognizances contracts of indemnity and other writings obligator,.in the riature of a bond,recognizance,or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her VOTED- That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary VOTED: That any bond, recognizance contract of indemnity or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(h)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect. VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President any Assistant Vice President, any Secretary any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 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NO RIGHTS UPO THE CERTIF1cafE HOLDER DrHER THAN THOSE PROVIDED I 500 WEST MONROE S.1 KEET POLICY THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAOE CHICAGO IL 80851 AFFORDED EY THE POUCIES DESCRIBED HEREIN. Attn.Caryl,n Cert Team P.312.627.6994 F 877.855.7274 COMPANIES AFFORDING COVERAGE _ COMPANY 227309-ALL-LINES-05-06 A ZURICH AMERICAN INSURANCE COMPANY INSURED COMPANY NATIONAL PLANT SERVICES INC. B 1461 HARBOR AVENUE CalPnnn LONG BEACH CA 90813-2741 C c5MPAVr D COVERAGES This cErilficate euper'sedes and 1rplaces any preciously issued Certificate fOr the policy period'noted below 2 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN 'SSLIED TO THE INSURED NAMED HEREIN FOR T1-1E OOLICY PERICO INDICATED NOTWITHSTANDING ANY REOUIREMENT TERM OR CORDTION OF ANY CONTRACT OR EITHER DOCUMENT W'in-I RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICES OESCRSEC HEREIN S SUP IECT TO ALL THE TERMS.CONDITIONS AND EXCLUSIONS OP SUCH POLICES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED EY PAID CLAIMS. CO POLICY NUMEER POLICY EF*BCTIVE POLICY EXPIRATION LIMITS LTR TYPE OF INSURANCE DATE IMMIDDYYI DATE(UMIDDIYY) A GENERALLIAEILITY GL09377201-02 10/31/05 10/31/06 GENERALAOORE:ATE 5 2.000,000 X COMMERCIAL GENERAL UABILITY PRODUCTS COMP#OFAGO S 2.000.000 I GAMS MADE I X-1 OCCUR - ERSONAL S ADM INJURY f$ 1,000.000 EACH OCCURRENCE S 1,000,000 SINNERS x CONTRACTORS PROT 300.000 X,U_IIICLUDEB FIRE DAMAGE(Alton??nT) $ X PER PROJECT AGGREGAT. IMEDOM(kW onePelaonl 5 10,000 A AUTOMOBILE LIABILITY BAP 9377199-02(AOS) 10/31/05 10/31/06 COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO TAP9377198-02(TX) 10(31105 10131(06 -ALL 0 NF,D AUTOS 00oiLY INJURY S (Pe!P^I'-Oa) SCHEDLLFDAUTOS HIRED ALITOS BODILY INJURY I$ (Per BCCIdDTrJ NON OWNED AUTOS PROPERT"DAMAGE S - CARAOE 4ABIUTY AUTO OALY EA ACCIDENT $ AW ATO OTHER 1HAN ALTO ONLY' .- EASY ACCIDENT !$ .. - AGGREGATE I$ EXCESS LIABILITY EACH OCCURRENCE S A.GGREGATE _ S UMBRELLA F>)RM OTHER TNAN UMBRELLA FORM _ $ WORKERS COMPENSATION AND WC9377202-02 110/31/0$ 10/31/06 Xl TORS AMTS pER A EMPLOYERS'UABILITY 1,000,000 ELSACNACCIDENrT s THE PROPRIETOR? INCL ,ELDISEAEE.POLx;YU41rt $ 1,000,000 OFFICE RS/EXECJntIE _LEL DIOEASE.EACH EMPLOYE 1•000,000 OFFICERS APE X EXCL OTHER DESCRIPTION OF OPERATIONBILDCATIONSIVEHICLESIEPEGALITEMS RE.PROJECT NO. 175 OCSD COOPERATIVE PROJECTS GRANT PROGRAM-TELEVISING CMSD SEWER LINES THE CERTIFICATE HOLDER IS ADDITIONAL AN N NAMED F TiE NAMED INSURED OR OPERATIONS S PERFORMED GENERAL THE SURED. A WAIVER OF APPLIES UNDER THE WORKERS COMPENSATION POLICY FOR OPERATIONS PERFORMED BY THE NAMED INSURED. 'CERTIFICATE HOLDER CANCELLATION s.iSUA M.W OF THE POLcP.T DF8CkIBED NEREN St CANCELLED EEFORT'lie Ex:FIFA-1CN CATE TIItREOP TIE RSJRFR AFFORDING ODVEPACT WILL sii5LTiVOMet LTAN, _30,DAYS W.'■TCN NO'IILE TC T-E COSTA MESA SANITARY DISTRICT DFgTFCAT ♦CEDER NAME"; [arlN 4S]P7PA?LiW9EREdQKN XMxx7Gxi11�Be156QIxY,tld(JdAY% Yt 234 E.17TH ST.,SUITE Z05 COSTA MESA CA 92627 S `Ix' A Pd7X)IdDLlflLEilif4U6?(R1d11JSSKIC XIdL16Ydld$6NxiSJr)f3(1BiK%C ytcitKitt1C 7!ILieftt txxxxxxxxxxxxxxxxxxxxxxxxxxxxx XxxxxXxxxxxxxxxxxxxxxx MARSH USA INC. `- BY, Christy N.Miller 6:rGl0,4,-- e0i. MM1(3f02) VALID AS OF: 11/04/05 JAN-04-2006 16 41 5624951528 98/ P 02 MARSH CERTIFICATE OF 'SURANCE CERTIFICATE NUMBER CHI-001340585-01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 500 WEST MONROE STREET POUCY THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE CHICAGO IL 60661 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Attn•Cary lon Cert Team P. 312.627.6994 F:877.855.7274 COMPANIES AFFORDING COVERAGE 227309-ALL-LINES-05-06 RECEIVED COMPANY ZURICH AMERICAN INSURANCE COMPANY - INSURED 1 6 2005 COMPANY - - -- — - —. ---- NATIONAL PLANT SERVICES INC. NOV v o B 1461 HARBOR AVENUE LONG SANITARY DISTRICT COMPANY LONG BEACH CA A 90813-2741 n ■ • uL„A COMPANY D COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. 2 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE POUCY EXPIRATION LIMITS LTR DATE(MMIDDIYY) DATE(MM/DD/YY) A GENERAL LIABIUTY GL09377201-02 10/31/05 10/31/06 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS COMP/OP AGG $ 2,000,000 CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $ 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 D I FIRE DAMAGE(Any one fire) I$ 300,000 X PER PROJECT AGGREGATE MED EXP(Any one person) l$ 10,000 A AUTOMOBILE UABIUTY IBAP 9377199-02(AOS) 10/31/05 10/31/06 COMBINED SINGLE LIMIT I S 1,000,000 A X ANY AUTO •TAP9377198-02(TX) 10/31/05 10/31/06 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE $ GARAGE UABIUTY AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS UABIUTY EACH OCCURRENCE $ iUMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $OTH A WORKERS COMPENSATION ANU 'WC937 7202-02 '10/31/05 10/31/06 X I TORY LIMITS ER EMPLOYERS'LIABILITY _ EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE - OFFICERS ARE: X EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000 :OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE:PROJECT NO. 175 OCSD COOPERATIVE PROJECTS GRANT PROGRAM TELEVISING CMSD SEWER LINES THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED UNDER GENERAL LIABILITY, BUT ONLY TO THE EXTENT REQUIRED BY THEIR WRITTEN CONTRACT WITH THE NAMED INSURED FOR OPERATIONS PERFORMED BY THE NAMED INSURED. A WAIVER OF SUBROGATION APPLIES UNDER THE WORKERS COMPENSATION POLICY FOR OPERATIONS PERFORMED BY THE NAMED INSURED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL EKeCEIYAVAX4 MAIL 3()DAYS WRITTEN NOTICE TO THE COSTA MESA SANITARY DISTRICT CERTIFICATE HOLDER NAMED HEREIN. •- 234E 17TH ST,SUITE 205 COSTA MESA,CA 92627 Lwc�cKxx)c�cx' • •• E P52fIS XMKXerimott otxIiX.XXXXXXX XXXXXx MARSH USA INC BY' Christy N.Miller CIF!'Le.. MM1(3/02) VALID AS OF: 11/04/05