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Item 6
AGENDA ITEM NO.6 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: April 5, 2022 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF AGREEMENT FOR SEWER MAIN REPLACEMENT - PORTION OF AZUSA AVENUE & CITRUS STREET - PROJECT NO. 21011 & 21012 RECOMMENDATION: It is recommended that the City Council take the following actions: 1. Award the construction agreement for the Sewer Main Replacement - Portion of Azusa Avenue & Citrus Street Project (Projects Nos. 21011 & 21012) to GRBCON, Inc. as the lowest responsible bidder; 2. Authorize the City Manager to execute the agreement with GRBCON, Inc. for $358,911.00; 3. Authorize 10% of the awarded contract amount as contingency allowance to be used, if necessary, with the City Manager's approval, for unforeseen conditions; and 4. Authorize the City Manager to negotiate and execute any amendments to the agreement. BACKGROUND: As required by the State Water Resources Control Board, every owner and operator of publicly owned sewer systems is required to develop and implement a system specific Sewer System Management Plan (SSMP). This plan sets forth goals and actions to be followed, and guidelines for various activities involved in managing, operating, maintaining, repairing, replacing and expanding the sewer system. In 2016, the City of West Covina prepared a Sewer System Management Plan (SSMP). The City's SSMP recommends capital improvement projects for necessary sewer system rehabilitation and maintenance. The SSMP identified portions of Azusa Avenue and Citrus Street sewer mainline for replacement. The selected sewer segments as part of this project are based on the recommendations identified within City's SSMP document. The proposed work includes replacement of existing sewer main by pipebursting method on North Azusa Avenue between 630' south of West Badillo Street and East Puente Avenue; and replacement of existing sewer main on South Citrus Avenue between Cortez Street and East Vanderhoof Drive. These proposed sewer main segments will be further reviewed with sewer video inspection before the work starts to finalize the actual limits of work and rehabilitation. Approximately 1,160 linear feet of existing sewer main will be rehabilitated as part of this project. DISCUSSION: On January 6, 2022, staff advertised the construction bid package. The following five (5) bids were received by the City at the Bid Opening held on January 26, 2022, at 1 pm. Contractor Name Total Bid Amount ,GRBCON, Inc. $358,911.0 Christensen Brothers General Engineering, Inc. $573,780.0 Ramona, Inc. $585,300.0 Mike Prlich and Sons, Inc. $587,520.0 Valverde Construction, Inc. $653,813.0 Staff conducted a bid analysis including checking references, California Contractor Licensing, Department of Industrial Relations registration, State and Federal debarment list review for the apparent low bidder, GRBCON, Inc. Lowest Responsive Bid The lowest responsive bid was submitted by GRBCON, Inc. in the amount of $358,911.00. Following Council's approval, the City will enter into an agreement with GRBCON, Inc. (Attachment No. 1). Budget The following is the breakdown of the project budget: Construction Costs $358,911.00 10% Contingency Budget Allowance $35,891.10 Total Construction Cost $394,802.10 Project Management and Administration (Preparation of Bid Documents) $40,000.00 Construction Management and Inspection $40,000.00 Newspaper Advertisement, Misc. Expenses $5,000.00 Total Project Cost $479,802.10 If approved tonight and once the agreement is fully executed, it will take approximately three months to complete the project, with anticipated completion by August 2022. LEGAL REVIEW: The City Attorney's Office has reviewed the proposed agreement and approved it as to form. OPTIONS: The City Council has the following options: 1. Approve Staffs recommendation; or 2. Provide alternative direction. ENVIRONMENTAL REVIEW: The proposed Project is a project subject to CEQA. Staff has reviewed the proposed project and has determined that it is categorically exempt from CEQA pursuant to CEQA Guidelines Section(s) 15302: Replacement or reconstruction; (c) Replacement or reconstruction of existing utility and/or facilities involving negligible or no expansion of capacity. Prepared by: Okan Demirci, PE, QSD/P Fiscal Impact FISCAL IMPACT: The funds available for this project are as follows: Project Project Name Fund Account No. FY2021-22 Project No. CIP Budget Cost 21011 Sewer Main Replacement - Portion 189 189.80.7007.7300 $295,000.00 $249,802.1 of Azusa Ave. Sewer 21012 Sewer Main Replacement - Portion 189 189.80.7007.7300 $230,000.00 $230,000.0 of Citrus St. Sewer Total $525,000.00 $479,802.10 Attachments Attachment No. 1 - Construction Services Agreement with GRBCON, Inc. CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety Enhance City Image and Effectiveness A Well -Planned Community ATTACHMENT NO. 1 CITY OF WEST COVINA CONSTRUCTION SERVICES AGREEMENT FOR PROJECTS NOS. 21011 & 21012 SEWER MAIN REPLACEMENT - PORTION OF AZUSA AVENUE & CITRUS STREET THIS CONSTRUCTION SERVICES AGREEMENT (herein "Agreement"), is made and entered into this 5th day of April, 2022 ("Effective Date") by and between the CITY OF WEST COVINA, a municipal corporation (herein "City"), and GRBCON, INC., a California corporation (herein "Contractor"). RECITALS A. City requires construction services for the Sewer Main Replacement - Portion of Azusa Avenue & Citrus Street Project, Projects Nos. 21011 & 21012 ("Project"), that meet the requirements as shown in the project specifications and this Agreement. B. Contractor has submitted a bid to perform the construction services for the Project and has represented to City that Contractor is qualified to perform said services. C. City and Contractor desire to enter into this Agreement for the Project on the terms and conditions set forth herein. NOW, THEREFORE, based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide all work described in the Contract Documents, as further described herein, which services may be referred to herein as the "services" or "work". As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality and fit for the purpose intended. 1.2 Documents Included in Contract. The complete Agreement consists of: (a) This Agreement; (b) Notice to Contractors and Instructions to Bidders, Bid Documents and Contract Documents for the Project (collectively, "Bid Documents"), incorporated by this reference as if fully set forth herein; (c) Contractor's Proposal, attached hereto as Exhibit A and incorporated herein; (d) Certificates of Insurance, attached hereto as Exhibit B and incorporated herein; (e) Bonds, attached hereto as Exhibit C and incorporated herein; Projects Nos. 21011 & 21012 (f) The Standard Specifications and Standard Specifications for Public Works Construction, as detailed in Section 19-1 of the West Covina Municipal Code, incorporated by this reference as if fully set forth herein; and (g) All exhibits and attachments to the foregoing documents. The documents comprising the complete Agreement may be referred to in this Agreement as the "Contract Documents." In the event of an inconsistency between any of the terms in this Agreement and any of the documents referenced above, this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time the work is performed. 1.4 Licenses, Permits, Fees, and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement, including a business license from the City. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. Contractor shall be responsible for all subcontractors' compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own active negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Contractor shall require all subcontractors to comply with the provisions of this Agreement. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Rev.11-2021 Projects Nos. 21011 & 21012 Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (d) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. All change orders are subject to the requirements of West Covina Municipal Code Section 2-358. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. 1.9 Prevailing Wage Requirements. (a) Prevailing Wage Laws. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. This Project is a "public works" project and requires compliance with the Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. (b) Payment of Prevailing Wages. Contractor shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. Contractor shall post a copy of such wage rates at all times at the project site(s). (c) Legal Working Day. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of the Labor Code regarding eight (8)-hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by Contractor's or any subcontractor's employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. Contractor shall forfeit as a penalty to City Twenty -Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code. (d) Apprentices. Contractor shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5. (e) Payroll Records. Pursuant to Labor Code Section 1776, Contractor and any Rev.11-2021 Projects Nos. 21011 & 21012 subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this Project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776. (f) Registration with DIR. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Three Hundred Fifty -Eight Thousand Nine Hundred Eleven Dollars and Zero Cents ($358,911.00) (herein "Contract Sum"), except as provided in Section 1.8 (Additional Services). The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Progress Payments. Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the Contract Sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made within thirty (30) days. City shall pay Contractor a sum based upon ninety five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the work under the Agreement during the month covered by said statement. The remaining five percent (5%) of the Contract Sum shall be retained as performance security as detailed in Section 2.3 (Retention of Funds). 2.3 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 2.2 (Progress Payments) of this Agreement. In accordance with said section, City will retain five percent (5%) of the Contract Sum apportionment from each progress payment as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor furnishes City with a release of all undisputed contract amounts if required by City. If there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds as authorized by Public Contract Code Section 7107 of up to 150% of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's obligations hereunder. To the extent consistent with Public Contract Code Section 22300, Contractor may request and City shall make payment of retentions earned directly to an escrow agent at the expense of Contractor, and may direct the investment of the payments into securities and Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code Section 22300 for securities deposited by 4 Rev.11-2021 Projects Nos. 21011 & 21012 Contractor. Upon satisfactory completion of this Agreement, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall complete all services within forty (40) working days. Contractor shall submit for the Contract Officer's approval its proposed Construction Schedule. Contractor shall perform the services in accordance with the approved Construction Schedule. When requested by the Contractor, extensions to the time period(s) specified in the Construction Schedule may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period(s) specified in the Construction Schedule for performance of the services rendered pursuant to this Agreement shall be extended to the extent caused by delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency other than the City, if the Contractor within ten (10) days of the commencement of such delay notifies the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Contractor shall not be entitled to any damages or increase in compensation due to force majeure. 3.4 Term. Unless earlier terminated as set forth herein, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the City. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principal(s) of Contractor are hereby designated as being the principal(s) and representative(s) of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Kristion Grbavac, President It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal(s) were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal(s) shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principal(s) may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager or City Engineer of City. The Contractor shall keep the Contract Officer informed Rev.11-2021 Projects Nos. 21011 & 21012 of Contractor's progress on the services. The Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein or in the City's Municipal Code, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required by this Agreement, to the extent permitted by the City's Municipal Code. 4.3 Prohibition Against Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the City's express consent. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its subcontractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, subcontractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor. 4.5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 Utility Relocation. City, and not Contractor, is responsible for removal, relocation, or protection of existing main or trunkline utilities but only to the extent such utilities were not identified in the invitation for bids or specifications. Where the specifications call for the Contractor to remove, relocate, reconstruct or protect such lines, all such work shall be deemed included in the Contract Sum. Contractor having been presented with a reasonable basis to suspect that any previously unidentified main or trunkline may need to be removed, relocated or protected in place, Contractor shall immediately notify City and the affected utility company in writing of such belief, and the basis therefor, and Contractor shall thereafter work with the City and the utility company to coordinate such removal, relocation or protection. City shall reimburse Contractor for its reasonable costs incurred in locating and repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed 6 Rev.11-2021 Projects Nos. 21011 & 21012 liquidated damages for delays which meet both of the following requirements: (i) the delays occurred after Contractor gave City the written notice required by this Section; and (ii) the delays were caused by the removal, protection, or relocation of such unidentified utility facilities. Nothing herein shall be deemed to prevent the City from seeking reimbursement of any such costs from the affected utility company. 4.7 Trenches or Excavations. Pursuant to Public Contract Code Section 7104, if the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply: (a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.8 (Additional Services) of this Agreement. (c) If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 4.8 Best Management Practices. Contractor shall implement and maintain activity specific Best Management Practices (BMPs) to prevent pollutant loading from stormwater and non- stormwater discharges to receiving waters as required in Municipal NPDES Permit No. CAS004004. Contracting staff whose primary job duties are related to implementation of BMPs shall be adequately trained to effectively implement, operate, and maintain such BMPs and must be versed in factors affecting BMP effectiveness. Contractor shall certify it has received all applicable training to implement the requirements in Municipal NPDES Permit No. CAS004004 and shall provide documentation to that effect. 5.0 INSURANCE 5.1 Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, with a current A.M. Best's rating of no less than A:VII, and approved by City: Rev.11-2021 Projects Nos. 21011 & 21012 (a) Broad -form commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than Five Million Dollars ($5,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than Five Million Dollars ($5,000,000.00), combined single limits, per accident for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Contractor agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. By execution of this Agreement, the Contractor certifies as follows: I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self- insurance before commencing any of the work. The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this section. (d) Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions. The Builder's Risk coverage shall name the City as a loss payee. If the Project does not involve new or major construction, City may, in its discretion, permit an Installation Floater. If authorized, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion, or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken or destroyed during the performance of the work, including during transit, installation, and testing at the project site. If the Contractor maintains higher limits or has broader coverage than the minimums shown 8 Rev.11-2021 Projects Nos. 21011 & 21012 above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 5.2 Endorsements. The insurance policies are to contain, or be endorsed to contain, the following provisions: (a) Additional Insureds: The City of West Covina and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. (b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (c) Primary Coverage: The Contractor's insurance coverage shall be primary insurance as respects the City of West Covina, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of West Covina shall be excess and not contributing with the insurance provided by this policy. (d) Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of West Covina, its officers, officials, agents, employees, and volunteers. (f) Coverage Applies Separately: The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5.3 Deductible or Self Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 5.4 Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content Rev.11-2021 Projects Nos. 21011 & 21012 approved by City, prior to performing any services under this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 5.5 Non -limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement or the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of the work covered under this Agreement. 5.6 Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that the City is listed as an additional insured on insurance required of subcontractors. 5.7 Sufficiency of Insurers. Insurance required by this Agreement shall be satisfactory only if issued by companies authorized to do business in California, rated with a current A.M. Best's rating of no less than A:VII unless such requirements are waived by the City's Risk Manager in writing due to unique circumstances. If the City's Risk Manager determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Risk Manager may increase the minimum limits of the insurance policies required by this Section by providing written notice to Contractor; provided that the Contractor may appeal such determination to the City Council of City within ten (10) days of receipt of notice from the Risk Manager. 6.0 BONDS 6.1 Labor and Materials, Performance and Warranty Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City: (1) a labor and materials bond in an amount equal to one hundred percent (100%) of the Contract Sum as security for the payment of all persons furnishing labor or materials in connection with the work, (2) a performance bond in an amount equal to one hundred percent (100%) of the Contract Sum as security for the faithful performance of this Agreement, and (3) a warranty bond in an amount equal to fifty percent (50%) of the Contract Sum to guarantee the work for a period of one (1) year following completion of the work, on the forms provided by the City. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be released or exonerated only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 6.2 Sufficiency of Sureties. Sureties must be authorized to issue bonds in California. In addition, sureties must possess a minimum rating from A. M. Best Company of A:VII and must be listed as an acceptable surety on federal bonds by the United States Department of the Treasury, http://www.fins.treas.gov/c570/c570.html, subject to the maximum amount shown in the listing. If co - sureties are used, their bonds must be on a joint and several basis. 6.3 Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under the Agreement for the work to be performed will be permitted at the request and expense of Contractor. 10 Rev.11-2021 Projects Nos. 21011 & 21012 7.0 INDEMNIFICATION Contractor agrees to defend (with legal counsel of City's choosing), indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Contractor's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained in any other document, which shall be of no force and effect. (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith. (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors', or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom. (c) If the City, its officers, agents or employees is/are made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City. (d) Contractor's duty to defend and indemnify as set forth herein shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air 11 Rev.11-2021 Projects Nos. 21011 & 21012 Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time. Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification in favor of City from all subcontractors. 8.0 RECORDS AND REPORTS 8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer may require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto. 8.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records (including but not limited to payroll records as required herein) as may be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 9.0 ENFORCEMENT OF AGREEMENT; TERMINATION 9.1 Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 12 Rev.11-2021 Projects Nos. 21011 & 21012 9.2 Notice of Default and Cure Period. If either parry fails to perform its obligations hereunder, the nondefaulting parry may provide the defaulting parry written notice of such default. The defaulting parry shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting parry shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, provided the defaulting parry commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting parry shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting parry may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement, and/or to call upon any completion or payment bond or other security for performance thereof. Compliance with the provisions of this Section shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured. 9.3 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, upon termination, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated. 9.4 Termination for Convenience. The City may terminate this Agreement without cause for convenience of the City upon giving Contractor thirty (30) days prior written notice of termination of the Agreement. Upon receipt of the notice of termination, the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City, the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination, Contractor shall be entitled to the following compensation: (a) The contract value of the work completed through and including the date of receipt of the notice of termination, less the amount of progress payments received by Contractor. (b) Actual move -off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on -site construction office for supervising the move -off. (c) The cost of materials custom-made for this Agreement which the Contractor cannot use in its normal course of business, and for which the City has not already paid. (d) Any costs shall not include any markups as might otherwise be allowed by any plans or specifications which were a part of the Agreement. 13 Rev.11-2021 Projects Nos. 21011 & 21012 The provisions of this Section shall supersede any inconsistent provisions of the Agreement or the Bid Documents. City and Contractor agree that the provisions of this Section are a substantive part of this Agreement's consideration. 9.5 "Claims" by Contractor under Section 9204. Notwithstanding any other provision of this Agreement to the contrary, this Agreement shall be subject to all requirements of Public Contract Code Section 9204 ("Section 9204") as it may be amended from time to time. The parties acknowledge that Section 9204 applies to certain requests by Contractor, such as certain requests for time extensions, certain requests for payments not covered by contract, and certain requests for payments of amounts disputed by City. The parties further acknowledge that Section 9204 establishes all of the following: (i) Contractor may submit a "claim" to the City, as that term is defined in Section 9204; (ii) City has an initial 45 days to review and respond to the claim to state "what portion of the claim is disputed and what portion is undisputed". If the City does not issue a written statement, the claim is deemed rejected in its entirety; (iii) Contractor must furnish reasonable documentation to support the claim; (iv) City has 60 days from its written determination to pay any undisputed amount; and (v) specified procedures apply to resolve any amounts in dispute. 9.6 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other parry's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be considered a waiver of any other default concerning the same or any other provision of this Agreement. 9.7 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.8 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 9.9 Liquidated Damages. Contractor agrees that failure to complete work within the time allowed herein will result in damages being sustained by the City. Contractor further agrees that the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement. Therefore, Contractor agrees that it and its sureties shall be liable for and shall pay to the City liquidated damages in the amount of Five Hundred Dollars ($500) for each calendar day of delay in the performance of any service required hereunder. Contractor further agrees that liquidated damages may be assessed for failure to comply with the emergency call out requirements described in the Scope of Services. The City may withhold from any amounts payable on account of services performed by the Contractor any accrued liquidated damages. Contractor, on behalf of itself and its sureties, and City agree that the liquidated damages constitute a reasonable estimate of actual damages, and are not punitive. 14 Rev.11-2021 Projects Nos. 21011 & 21012 10.0 CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION 10.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 10.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, gender expression, marital status, national origin, disability, pregnancy, sexual orientation or ancestry in the performance of this Agreement. To the extent required by law, Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, gender expression, marital status, national origin, disability, pregnancy, sexual orientation or ancestry. 11.0 MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, document, consent, approval, or communication either parry desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the U.S. Mail, prepaid, first-class mail, return receipt requested, addressed as follows: To City: City of West Covina 1444 West Garvey Avenue South West Covina, CA 91790 Attn: City Engineer To Contractor: GRBCON, Inc. 5114 Elton Street Baldwin Park, CA 91706 Attn: Kristion Grbavac 11.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 11.3 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 15 Rev.11-2021 Projects Nos. 21011 & 21012 11.4 Severability. If one or more of the words, phrases, sentences, clauses, paragraphs, or sections in this Agreement is declared unenforceable by a court of competent jurisdiction, such unenforceability shall not affect any of the remaining words, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are severable. Remaining enforceable provisions shall be interpreted to carry out the intent of the parties unless an invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 11.5 Hiring of Undocumented Aliens Prohibited. Contractor shall not hire, employ, or allow any person to work under this Agreement unless such person is properly documented and may legally work within the United States. 11.6 Unfair Business Practices Claims. Consistent with Public Contract Code Section 7103.5, Contractor, on behalf of itself and all subcontractors, offers and agrees to assign to the City all rights, title, and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) and 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 this Agreement. This assignment becomes effective when the City renders final payment to the Contractor without further acknowledgment by the parties. 11.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said parry, (iii) by so executing this Agreement, such parry is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. 11.8 Legal Responsibilities. The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Neither the City, nor its officers, agents, assigns nor employees shall be liable at law or in equity as a result of the Contractor's failure to comply with this Section. 11.9 Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures. [SIGNATURE PAGE FOLLOWS.] 16 Rev.11-2021 Projects Nos. 21011 & 21012 IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first written above. CITY OF WEST COVINA, A municipal corporation Date David Carmany City Manager CONTRACTOR Date Kristion Grbavac President ATTEST: Lisa Sherrick Assistant City Clerk APPROVED AS TO FORM: Date: Thomas P. Duarte City Attorney APPROVED AS TO INSURANCE: Date: Helen Tran Risk Management 17 Rev.11-2021 EXHIBIT A CONTRACTOR'S PROPOSAL Bid Package, Sewer Main Replacement • Portion of Azusa Avenue & Citrus Street, Project No: 21011&21012 Document Control Page 18 of 231 M. BID DOCUMENTS PROPOSAL Project No: 21011 & 21012 Sewer Main Replacement - Portion of Azusa Avenue & Citrus Street TO: City Clerk City of West Covina California Dear Madam: We have carefully examined the sites, local conditions affecting the same, the Instructions to Bidders and Notice to Contractors, the agreement, the detailed plans and specifications and all bid and contract documents for the work set forth in the official publications, and submit herewith the following schedule of prices. If awarded the contract, we agree to begin work within ten (10) working days after receiving notice to proceed and to complete proposed work within the time period as stated in the Section I. Notice to Contractors, 7."Schedule of Work" We further agree to sign and return the contract to the City within ten (10) working days after receiving notice that the contract is ready for signature and to furnish bonds, insurance endorsements and certificates, and any other required documents in the form prescribed by the City at the same time. The undersigned furthermore agrees that in case of default in executing such contract with necessary bonds within the specified time, the cash, check or bond accompanying this bid and the money payable thereon shall be forfeited hereby to and remain the property of the City of West Covina, except as provided in Public Contract Code Section 20174. The undersigned has carefully checked all of the figures and understands that the City of West Covina will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. Contractor shall use City supplied bond forms only. BID DOCUMENTS III-2 Bid Package, Sewer Main Replacement- Portion of Azusa Avenue & CiWs Street, Project No! 21011&21012 Document Control Page 19 of 231 PROPOSALSCHEDULE Project No: 21011 & 21012 Sewer Main Replacement - Portion of Azusa Avenue & Citrus Street BASE BID SCHEDULE Bid Item Description Qty Unit Unit Cost Total Cost 1 Mobilization/Demobilization 1 LS $12.o,b3s- $ 12o.S3r- 2 Traffic Control 1 LS $ 11 , 40o- $ I t , A00 - 3 SWPPP 1 LS $ 1,000- $ 1,poo- 4 Remove existing Sewer MH 6 EA $ S OO - $ 3, 5 Excavate Pit for Sewer Pipebursting 1 LS $ 10, 000 - $ % 000 - 6 Construct New48" MH 6 EA $ 4, 000 - $ 2y, 006 7 Modify Existing M.H. Bottom 1 LS 161 $'_PZ01 $ ( 6,14b - 8 Install 8" HDPE Sewer Pipe per Project Specifications 460 LF $154 — $ �*01 94 0- 9 Install 12" HDPE Sewer Pipe per Project Specifications 700 LF $ l 2J - $ 841 400 10 Video Inspection After Installation CCTV 1,160 LF $ 1 • %0 $ ?-, D $$ - 11 Backfill and Compact Insertion Pit 1 LS $ 11 1 DSO $ 11j,'4 S 12 Remove Existing Sewer MH i LS $ 5 OO - $ 5 OO - TOTAL BASE BID AMOUNT IN NUMBERS BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "III. BID DOCUMENTS" 11 DOCUMENTS 11 Bid Package, Sewer Main Replacement- Portion orAzusa Avenue & Citrus Street, Project No: 21011R21012 Document Control Page 20 of 231 TOTAL BASE BID AMOUNT IN Mo CENn Tree k w. Alt.ed avid 'P.'Ght a4-.O( e l GV e,4, Ol 1141VS A." In the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts, and words shall govern over figures. Full compensation for the items listed to the Y right Items , C, and E are considered C. NPDES, W WECP, and Best Management inclusive the usive in each Bid Item listed above Practices (BMPs), Public Convenience and Base Bid Schedule as applicable, and no B Safe ty additional and/or separate compensation will D. Construction Stakingb Land Surveyor be allowed. E. Clearing and Grubbing The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards. The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices. A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "III. BID DOCUMENTS" BID DOCUMENTS U14 Bid Package, Sewer Main Replacement- Portion of Azusa Avenue 8 Citrus street, Project No: 210118@1012 Document Control Page 21 of 231 EXAMINATION OF SPECIFICATIONS AND SITE OF WORK The Bidder declares that he/she has carefully read and examined the project plans, specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project. Name of Person who inspected the site: Date of Inspection: ADDENDA ACKNOWLEDGMENT John Gavigan & Kristion Grbavac 1-2-6 - 22 The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No Addendum No. Addendum No. Addendum NA Dated Dated BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "III. BID DOCUMENTS" BID DOCUMENTS ID-5 Bid Package, Sewer Main Replacement -Portion of Azusa Avenue & Citrus Street, Project No: 21011621012 Document Control Page 22 of 231 SUB -CONTRACTOR LIST We propose to use the following listed sub -contractors as per Public Contract Code Section 4100 et seq.: Sub -Contractors Name: Address: MOC.er CO' P?VVa. On 1100% Ave,%,otia ?;co Stayto Description of Work: C le vv.er.te , CA . Cl Z. 613 ►'�s; pe- S3wst-i" H D P E Phone No. Contractor's License # DIR # Dollar Amount To3-Sbo_ 4410 1 565,735 f0000og,gq`i *11%, 200 Sub -Contractors Name: Address: Ha 1+ � '30X _Ll-lc1 Alt q+Hev, r ol,. A5P Ca. l-0. A, C.14. 1 2- Description of Work: ✓iv4 4- �VG✓l� Phone No. Contractor's License # DIR # 7DolUlar Amount 26q0�3 1000001OJ-7, S66- Sub-Contractors Name: Address: Description of Work: Phone No. I Contractor's License # DIR # Dollar Amount Sub -Contractors Name: Address: Description of Work: Phone No. I Contractor's License # DIR # Dollar Amount Percent of work to be performed by sub -contractors: ?4— % (Note: 50% of work required to be performed by general contractor) For additional Sub -Contractors, add separate sheets BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "III. BID DOCUMENTS" 11 DOCUMNTS 11 i Bid Package, Sewer Main Replacement- Portion of Azusa Avenue & Cikus Slreel, Project No: 21011&21012 Document Control Page 23 of 231 BIDDERS GUARANTEE Enclosed is Cash ( ), Cashier's Check ( ), Certified Check ( ), or Bid Bond (✓), in the sum of $ 10 '/. C�—, is at least 10% of the amount bid. 'T&ai 'gict Rv-.ce Contractor: U R gc o t-J , Zv. c. Address: 5114 E c-TO t.1 ST - Fax Number: 6 Z 6- 6 9 9- 2`i S :1- Telephone Number: r0 2 6 - 6 `1 olk - 23 S O Email Address: Kq�b a d a c �o qv b corn • co M of Title State of California Contractor's License: Classification: A. C-47. License No: ( 01 VA 05 Expiration: DIR Registration No: 10e0038 61%1 BID DOCUMENTS III-7 Bid Package, Sewer Main Replacement - Portion of Azusa Avenue & Citrus Street, Project No: 21011 &21012 Document Control Page 24 of 231 REFERENCES FOR WORK PER BID SCHEDULE Date: 1 - 26 - 22 The following are the names, addresses and phone numbers/ email addresses for three public agencies for which Bidder has performed similar work within the past two years. 1. 2. 9 City of Covina - 125 E College Street, Covina, Ca. 91723 Name and address of Public Agency Name and Telephone No. of Project Manager Rafael Fajardo - (626)672-5991 $663,466.2 Pipebursting Contract Amount Type of Work City of Arcadia - 11800 Goldr Name and address of Public Agency March of 2021 Date Road, Arcadia, CA. 91066 Name and Telephone No. of Project Manager Michael Kwok - (626) 254-2727 $424,645 Pipeburstir Contract Amount Type of Work December of 2020 Date Completed City of Alhambra - 111 S 1st Street, Alhambra, CA. 91801 Name and address of Public Agency Name and Telephone No. of Project Manager Thomas Amare - (626)300-1562 $1 149,175 Pipebursting November of 2020 Contract Amount Type of Work Date Completed If additional space is needed, please duplicate this sheet; do not write on the back. See attached for SOQ and Project List BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "III. BID DOCUMENTS" BID DOCUMENTS M-8 GRBCON I N C O R P O R A T E D STATEMENT OF QUALIFICATIONS Contract Satisfaction - GRBCCN, Incorporated (DGS SBE #2002710, CSLB No.1012408) has the workforce, competence, funding and experience to perform the proposed contract in a judicious, qualified and adequate manner including having available and committed tools of the contracts completed to the extent of: • Financial resources ■ Required licenses • Experience in personnel ■ Technical equipment ■ Relationships with responsive, accountable vendors, suppliers and subcontractors to adequately assist in completion of the project Past Contract Performance - ■ No suspension or revocation of any relevant professional licenses, significant fines, penalties or failure to comply with any Federal, State or local requirements. • No termination for default of any contract, nor significant failure to perform timely or in accordance with the proposal, plans and/or specifications. ■ No premeditated failure to comply with labor laws and regulations including laws pertaining to timely payment of wages, payment of prevailing wages, sexual harassment, child labor and timely payment of all obligations to subcontractors, vendors and material suppliers. • No intentional disregard for the personal safety of anyone on company construction sites, or the public. ■ No violations of Workers' Compensation laws. ■ No failure to comply with State, Federal and local laws and regulations prohibiting discrimination or promoting equal employment opportunity. • No significant violation of local, state or federal environmental protection laws, rules, regulations or requirement including those related to the unauthorized or unpermitted discharge of pollutants, including wastewater/SWPPP. 5114 Elton Street, Baldwin Park, CA 91706 1 Office: 626-699-2380 1 Fax: 626-699-2457 Lic. No. 1012408 1 DIR No. 1000038691 Ethics and Business Practice of our Personnel and Firm - GRBCON, Inc. has had no disputes with its reliability and business ethics for the life of the firm and by the officers of the firm including: No conviction of a crime involving bidding upon or performance of local, state or federal government contracts. No conviction of a crime involving serious moral depravity, a lack of integrity, or the knowing disregard of the law. Subcontractor Relations - The aforementioned business ethics tie into our belief when it comes to dealing with subcontractors including the following: ■ Knowledge and understanding with federal, state and local laws and regulations including the California Contract Code pertaining to utilization of subcontractors and business practices toward subcontractors. • Practicing good faith and fair dealings ■ Proving record of intended performance of contractual obligations owing to subcontractors, including timely payment. ■ A proven understanding of Davis Bacon, Federal and State funding payroll compliance and respective programs. Insurance and Bonds - GRBCON, Inc., has been in full compliance when it comes to documenting and submitting all necessary bonds and insurance to fulfill the requirements of the agencies we have done business with. There is no history of bonding issues, and we a job has never been taken over by the bonding company or had a claim on our bond. We are backed by Everest Insurance which is rated "A+ Superior" by A.M. Best and listed as a California Admitted Surety. We are currently approved for a $10.00 MM aggregate program. Our insurance coverages are as follows: General Liability- Hartford Fire Insurance Company o $1,000,000.00 Per Occurrence o $300,000.00 Damage to Rented Premises o $5,000.00 Medical Expenses o $1,000,000 Personal/Adv. Injury o $2,000,000 Products/Completed operations o $2,000,000 General Aggregate Auto Liability - Hartford Accident and Indemnity Company o $1,000,000.00 Combined Single Limit Workers Compensation- Hartford Accident and Indemnity Company 5114 Elton Street, Baldwin Park, CA 91706 1 Office: 626-699-2380 1 Fax: 626-699-2457 Lic. No. 1012408 1 DIR No. 1000038691 o $1,000,000.00 Each Accident o $1,000,000.00 Each Employee o $1,000,000.00 Policy Limit Pollution Liability -Westchester Surplus Lines Insurance Co. o $1,000,000.00 Per Claim/Aggregate Equipment Leased or Rented from Other - Hartford Fire Insurance Company o $250,000.00 Agg. Historical Bidding Practices - At any time additional information has been requested by an agency or owner on a project before or after the time of bid, GRBCON has furnished all necessary documents within the time frame requested. A historical summary of projects performed by GRBCON personnel is attached to this package for reference. Our Company History - Established in 2015, GRBCON, Inc. is owned by Kristion Grbavac, Gordon Grbavac Jr. and Gordon Grbavac Sr. Combined, a partnership amongst the three men -- a two - generation venture --bringing both long-standing experience, and current relevancy to the organization. The three Grbavac gentlemen have experience in pipeline related to water, sewer and storm drains of over 30 years dating back to 1990 when Gordon Grbavac first became a C-42 license holder. Since 1990, Gordon Sr. has held ownership roles in three C-42 holding corporations (License No.'s: 592467, 585791, and 907164) and currently holds his own A License. Additionally, Gordon Grbavac Sr. was an officer with California Builders Group (License No: 919166) which formerly held an A license with the State of California. Gordon's experience in Sanitation Systems provides the engineering knowledge and experience of trenching, specifically related to shoring and safety at all levels. He has worked in nearly every county and city in Southern California over the course of his career and will be devoted to the firm's overall success as well as successful project completion. Since the firm's inception, GRBCON, Inc. has secured numerous Public Works contracts in Sewer, Storm Drain, and Potable Water Line construction. Gordon Grbavac, Jr. and Kristion Grbavac have taken the experience gained at W.A. Rasic and MNR to position GRBCON for market success in Southern California. GRBCON has completed contracts in numerous cities from San Luis Obispo County to Orange County. In 2018, GRBCON, Inc. became Signatory to LIUNA and furthermore gained access to a skilled workforce capable of even the most complex construction tasks. GRBCON's partnership with the Laborers' Union has ensured that employees are well trained in industry standards for construction including but not limited to OSHA regulations, trench safety, and confined space entry procedure. Given the new arrival of GRBCON as a company, we understand the significant impact adapting a safety culture as a company can have. We strive to impact our 5114 Elton Street, Baldwin Park, CA 91706 1 Office: 626-699-2380 1 Fax: 626-699-2457 Lic. No. 1012408 1 DIR No. 1000038691 employees by teaching them safety is always the number one priority, no matter what. We also do our part within the underground community by being active members of the Engineering Contractors Association (ECA). Kristion Grbavac currently serves on the board for the ECA and is an active member within several committees. As the industry continues to change, GRBCON practices adapting to the newest standards and regulations with the goal of always being in the know. By taking an active position in industry organizations, the firm can adapt actively to adjust the firm's policy, procedure, and adherence to ever -changing regulation. Key Players - GRBCON takes pride in the employees we have invested in and trust will assist in providing our clients with the best possible services and results on a project from start to finish. Our key players involved with each successful project are included in the resume's attached to this package. 5114 Elton Street, Baldwin Park, CA 91706 1 Office: 626-699-2380 1 Fax: 626-699-2457 Lic. No. 1012408 1 D1R No. 1000038691 Kristion Grbavac EDUCATION University of San Diego, San Diego, CA BA in Political Science • Minors: Communication Studies, Theology and Religious Studies ■ Major/Minor GPA: 3.37 EXPERIENCE GRBCON, Inc., Baldwin Parr CA President 2015 - Present Responsible for all clerical aspects of business pertaining to finance, compliance, dispute resolution, and estimating. Responsible for project management including but not limited to scheduling, change order resolution, and budgeting. W.A. Rasic Construction Co., Inc., Long Beach, CA Public Works Department Intern 2013-2015 • Responsible for performing take -off calculations on projects up to $ 250,000,000 ■ Contacted potential subcontractors for material quotations ■ Responsible for performing Good Faith Effort, aimed at utilizing small minority and women owned enterprises as subcontractors ■ Compiled master contact list of over 700 contacts for Estimators to utilize ■ Completed job walks and surveyed potential projects for Estimating staff' • Managed RFIs for potential contract opportunities • Responsible for review of Specification to assist Estimating staff with bidding process ■ Assisted in estimation process of following projects: ■ Estimated on: City of Temecula Old Town Sewer Improvements, City of Escondido Cemetery Area Water Pipeline Replacement Project, City of Los Angeles North Outfall Sewer (NOS) Rehabilitation Unit 3 - Vermont to Trinity, City of Burbank Beachwood -Sparks Force Main Replacement and Pump Station Upgrade Project, LADWP Construction Of Owens Lake Dust Mitigation Project Phase 9/10, and Chevron Refinery Station Fire Loop Upgrade Project SKILLS/LANGUAGES ■ Proficient in Croatian and English • Proficient with Bluebeam CAD software and blue print markup • Confined Space Certification • CPR/First Aid Certification • Competent Person Certification • CSLB Licensed (A) General Engineering Contractor (#1050830) 5114 Elton Street, Baldwin Park, CA 91706 1 Office: 626-699-2380 1 Fax: 626-699-2457 Lic. No. 1012408 1 DIR No. 1000038691 Gordon Grbavac EDUCATION University of Oregon Eugene, OR Bachelor of Science June 2017 • General Social Science: Business and Applied Economics • Cumulative GPA: 3.33 EXPERIENCE GRBCON, Inc., Baldwin Party CA VP/Superintendent/Operator 2015-Present ■ Working closely with the estimating department and bringing a more technical point of view during the bid process • Project scheduling ■ Dealing directly with material distributors ■ Job cost analysis • Acting as a mediator between firm and agency ■ Operating all forms of heavy equipment W.A. Rasic Construction Co., Inc., Long Beach, CA 2013 -2015 Project Engineer ■ Acting as a liaison between project manager and technical disciplines involved with projects • Schedule preparation ■ Resource forecasting for construction and other technical activities ■ Job cost analysis ■ Team building MNR Construction, Inc., Baldwin Park, CA 2013 Assistant Project Superintendent ■ Assistant to Superintendent obtaining plans, specifications and materials • Responsible for stocking all utility trucks with proper safety equipment and tools needed for sewer and water projects ■ Attended pre -construction meetings and asked relevant questions to agency about respective project SKILLS/LANGUAGES • Proficient in Croatian and English • Certified Microsoft Office Specialist • Confined Space Certification ■ CPR/First Aid Certification • Competent Person Certification ■ Heavy Equipment Operator Safety Certified 5114 Elton Street, Baldwin Park, CA 91706 1 Office: 626-699-2380 1 Fax: 626-699-2457 Lic. No. 1012408 1 DIR No. 1000038691 Gordon Grbavac Sr. EDUCATION Pasadena City College 1985-1987 Associates Degree in Business Management GRBCON, Inc., Baldwin Park, CA VP/Head Superintendent 2015 - Present ■ Working closely with the estimating department and bringing a more technical point of view during the bid process ■ Responsible for project scheduling and job cost analysis ■ Handle relationships with material suppliers ■ Acting liaison between firm and agency • Operator for all forms of heavy equipment ■ RMO, General Engineering Contractor (A) and C-42 California Builders Group 2011 -2012 Officer/Head Estimator/Operator Foreman ■ Lead Superintendent of Public Works division • Estimated and built/ installed projects • Handled all change orders and resolutions • Relationship manager for all subcontractors and vendors Drina Underground Corp., Baldwin Park, CA VP/Head Superintendent 2008-2010 ■ Estimated all projects ■ Handled project scheduling and job costing and change orders ■ Dealt directly with material distributors ■ Acted as a mediator between firm and agency ■ Operated all forms of heavy equipment Grgo and Gordon Grbavac Construction Co. Inc., Baldwin Park CA VP/Head Superintendent 1991-2006 Estimated all projects ■ Handled project scheduling and job costing and change orders ■ Dealing directly with material distributors • Acting as a mediator between firm and agency ■ Operating all forms of heavy equipment • Responsible for all accounting matters • Representative for all labor relations SKILLS/LANGUAGES • Proficient in Croatian and English • Confined Space Certification • CPR/First Aid Certification ■ Competent Person Certification • Heavy Equipment Operator Safety Certified 5114 Elton Street, Baldwin Park, CA 91706 1 Office: 626-699-2380 1 Fax: 626-699-2457 Lic. No. 1012408 1 DIR No. 1000038691 Brett Harper EDUCATION University of Arizona, Tucson, AZ BS in Business Administration - Finance ■ Major GPA: 3.56 EXPERIENCE GRBCON, Inc., Baldwin Park CA Business Development Manager 2019 - Present • Responsible for accounts payable, payroll, job costing, and fringe benefit payments. • Researches potential markets and explores new opportunities aligned with Grbcon's strategic growth model • Provides comprehensive support in the estimating process and assists in the management of public works projects GelC Inc., Tarzana, CA Asset Management and Aquisitions Intern Summer 2018 • Prepared marketing audits, inspected properties, and compiled information regarding competitors • Assisted in the underwriting process by completing estimates and providing market research • Collaborated with asset managers on specific ways to cut down on portfolio wide expenses Pacific Systems Interiors, Irwindale, CA Accounting Associate Intern Summer 2018 • Efficiently entered invoices into vender accounts to track job cost and payable status • Processed check requests and cut weekly checks ranging from $500,000- $2,000,000 • Reconciled monthly job disbursement statements to ensure the correct retention was held and outstanding balances were cleared Grbcon, Inc., Baldwin Parr CA Construction Management Intern Summer 2017 • Attended pre -bid meetings to obtain project details and network with subcontractors • Participated in the estimating process of public works bid opportunities • Prepared monthly schedules and researched jobs listed on various platforms SKILLS/LANGUAGES • Proficient or advanced in Word, Excel, PowerPoint, Bluebeam, Xactimate, and Vista. 5114 Elton Street, Baldwin Park, CA 91706 1 Office: 626-699-2380 1 Fax: 626-699-2457 Lic. No. 1012408 1 DIR No. 1000038691 Tihomir (Tim) Grbavac EDUCATION Citrus College Associates Degree in Business Management EXPERIENCE GRBCON, Inc, Baldwin Park CA Superintendent/Operator (Local 12) 2019 - Present • Working closely with the estimating department and bringing a more technical point of view during the bid process. • Brings over 23 years of sewer and storm drain construction experience to the firm from previous employer(s). • Working closely with Management to ensure schedules are met • Effectively communicates changes in field condition to ensure proper notification to ownership • Subcontractor management, ensuring adherence to respective city standards • Handle relationships with material suppliers, dispatch of subcontractors • Acting liaison between firm's management and agency Daily Project Record Keeping, As -Built Management • Operator for all forms of heavy equipment Ensure strict adherence to safety procedure Vasilj, Inc., Irwindale, CA Superintendent/Operator (Local 12) 2002 -2019 • Working closely with the estimating department and bringing a more technical point of view during the bid process. • Working closely with Management to ensure schedules are met. • Effectively communicates changes in field condition to ensure proper notification to ownership • Subcontractor management, ensuring adherence to respective city standards • Handle relationships with material suppliers, dispatch of subcontractors • Acting liaison between firm's management and agency • Daily Project Record Keeping, As -Built Management • Operator for all forms of heavy equipment • Ensure strict adherence to safety procedure • Construction of Various City of LA SSRP and ESR Projects • Specified knowledge in Pipe Bursting, CIPP, Point Repairs and DAR Work. (Media Attached) Grgo and Gordon Grbavac Construction Co. Inc., Baldwin Park CA Foreman/Operator (Local 12)/Driver (Class A) 1996-2002 • Operating all forms of heavy equipment • Managerial Foreman, responsible for scheduling of subs, material delivery, daily records, as-builts, agency meetings. SKILLS/LANGUAGES • Proficient in Croatian, English and Spanish Confined Space Certification CPR/First Aid Certification • Competent Person Certification • Heavy Equipment Operator Safety Certified • OSHA 10/30 5114 Elton Street, Baldwin Park, CA 91706 1 Office: 626-699-2380 1 Fax: 626-699-2457 Lic. No. 1012408 1 DIR No. 1000038691 John Gavigan EDUCATION Pasadena City College Associates Degree in Business Management EXPERIENCE GRBCON, Inc., Baldwin Park, CA Vice President/Project Estimator and Manager 2019 - Present • Estimate and Manage Public Works Project • Change order dispute management • Value engineering • Brings over 30 years of sewer and storm drain construction experience to the firm from previous employer(s) • Working closely with field management to ensure expedient construction • Effectively communicates changes in field condition to ensure proper notification to ownership • Subcontractor management, ensuring adherence to respective city standards • Handle relationships with material suppliers, dispatch of subcontractors • Daily Project Record Keeping, As -Built Management Vasilj, Inc., Irwindale, CA Project Estimator and Manager 2003 - 2019 • Estimate and Manage Public Works Project • Change order dispute management • Value engineering • Working closely with field management to ensure expedient construction • Effectively communicates changes in field condition to ensure proper notification to ownership • Subcontractor management, ensuring adherence to respective city standards • Handle relationships with material suppliers, dispatch of subcontractors • Acting liaison between firm's management and agency • Daily Project Record Keeping, As -Built Management Specified knowledge in Pipe Bursting, CIPP, Point Repairs and DAR Work. (Media Attached) E.C. Construction Co., South El Monte, CA Laborer, Superintendent, Project Manager/Estimator 1990 - 2003 • Estimate and manage surface restoration project • Assist the firm with bidding private and public works projects • Assist the firm with soliciting subcontractor wet utility bids • Laborer on paving and concrete crews SKILLS/LANGUAGES • Proficient in English and Spanish • Confined Space Certification • CPR/First Aid Certification Competent Person Certification 5114 Elton Street, Baldwin Park, CA 91706 1 Office: 626-699-2380 1 Fax: 626-699-2457 Lic. 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Cali) mia Regional Wa- le t Quality Cumrul Board, Santa hhmw a BJvkcsper,eIal, the S2 Ilit Secondary Snvxr Renewal I'rngnm ISSRPI 106A Anaheim St fs Bnud Ave•'t06R tries Ave and Pirr A SI sewer project rehabilitated aging secondary pipelines in tht• Wlmington area of the City. The 1 11 mile long project was hid as open-cuulining, with much of the open -col work [wing [be upwing of existing, N, 10. 12 and 14-inch sewer lines in some of the most congested worts of Wilmington. In an effort In reduty imps 1 to the surrounding mrghlmr- hoods, mitigate anticipated groundwater.and deal with the high sviume of tmdrigrtwndnil Imes present in the refinery rich area of Wilm- ington, the contractor. Vasili Im., pinpctsed pipe bumling as a rxi-cost Atemalm. Vasilj• w nh ,uhconlrac uu bloc on Irene bless, reeenl- h' . e nnplrtwd the imt.dlal"um tit aiquuximately M. Wo iw of 10 to 20 inch sever pipe for the City of C"iN!na whir h seem an APWA Sotdlu•m California Chapter Project of the Year a201 III Pipebuntingisawell.e labliOwdmethud during a sire visit. Ina, Trrn Grfxnar flgiprinteexfant, Vasrlj. Inc , Carl lain l!arbor Mi Irh I Pnryprf Sfamrger, finn Hanamt-Cumming4-1farhor f.istnrt Pnilere Engineer. P rh C 6rk-Con Ad Pmlert inspector. tier tmrichie% replacement of pipe wherein the exwling sewer pipe., broken by fractwing or splitting using a mee•hanicalh• applied fnixe or bursting tool, and a new pipe of the same of larger diameter Is pulled in behind It. Ex- isting boow laterals and wscr are recamnwIrd manually to the new Pape hq exravalinns made at each house location. The Cily has utilized pipe bursting previous Is an s.w.l projects. but not to the extent of this Pralert; 22 sewer reaches totaling 62u0 Lh of pipe set a new record for the rhy tit Los Angeles! A total of 21 bursts were made on the prujrcl. The average bu rst was abo ut I(N) feel in length with one as short as tN feet $to burst under a high preswre Mdtogen Ime, and the longest burst was 4501rr•f. Due to the different conditions present amongst the 22 adjacent savor roar lies, two types of bursting mat hines were used on the projet f A pnwrmdhr system utilizing a bursting tool driven by compressed air was cited tin thr• TOhA portion of IN proj- ect where deeper sewers. larger degrees of upsizing and dansew suds were encmnlercrd. A siatie system wherein the hurling tool is basically pulled through the existing pipe -no hannm.ring aclimi, was iiwd In pull the larger diameter 16-inch pipe in the T0hB patron of The project. Both systems require The cnnctrushnn of pits for inserting and re- trievmg the bursting tool, except in the case whore a rexrrsibtr type-pneunialir machine is used. The revvrslble machine Is designed to hack dsclf out through the installed pipe and therefore Pliminales the need bar a reirieval pit. I his machine was used in the heavily con- gesitvl ,Mahoini-Avalon inva-mot rinn when. traffic would have been highly impacted by the crensiruction of a retrieval pit. The Bureau tit Sanitalrun has xupinxted the use of pipe bursting because pipe bursting typically utiliz(s high d.nsily pol)Mhyli-ne pipe iHDPEt fused as one continuous piece of pipe. In the longterm. this pipe will pro vide better prtmection trim tool damage and potential groundwater influw!inbltration. Oth.rcnn,lnu inn hvnerits inckirk- Irss traffic disturbance, shorter replacement time, less cunrintnvt on page 2 5114 Elton Street, Baldwin Park, CA 91706 1 Office: 626-699-2380 1 Fax: 626-699-2457 Lic. No. 1012408 1 DIR No. 1000038691 Pipe BUnan>: Pmitr t rrurtrnrnlrl emm peer I busntws inrrnupomir. and mdutrd surface paving Negamve Impacts M using this meth mil mf Ttntlrtlltion in, ludo- thegtr efaliun of i ornidenlble ninw by the Pneumatic tyshem, and the need fur large work space in relatively ( loin proximity In the work tin losing the 40 tan Ienglha of pipe into a aingte length One tawal I, that time pope bursting operallons (ommen(r, they must In, uTrtophnrd without Interruption as the sewer laterals are This unTp„hd hiving the ionic ess and musl he Ter onnecled rmmedlalely alter The new pipe is installed. l)hn Cavrgan and Tim Gdmasac of Vasdj. and Rol) Murrcna of thutpr irenchhss eval. uNtd Ili- t undilions pmsemt em the projoi l and determined that The sod condd,cros and seiner ehataurtittits were corripanble with pipe bunting The bunting rotor,- not this project went through mainly L u MLroal dovelopm mts oil Wilmington and bossed Harry Bodges Blvd a main thoroughfare for container truck lialfn accessing the Pod ut L ors Angelo, ,Pt II AI. At POI A was aho etm- sTructl nf, a major grade separation pmfect and performing shipping Terminal renmstinrw, it was a uroslanl challenge in corxdfnale (ruck aryl ,onstrm tpm haf it Ihruughuut rho pran- ci t Cn%laI Killian. Transformation Engineer wdh the Suuthem Office of LADOT was m- sTinmrnldl in aWvIing The pro jet T team with the sequencing no lane cHnuret amongsl the muhhplr prulet is. Vag from Count it District 15 met n�pularls with vie irimts lit kerp them informed of the Lonstructnn schedules and impai It. Kudos In the residents and businesses of LVilmmghm whit rridurtd six! nmw generated lit the nitre bunt mg at irvilnN but unfit-Nonot- mg that The resuh would be a iagnikantls sbrdentd rota rw ban liras, There sere %rime unexpected challenges. The first burst of the praim I Took More Noun tnbur,t 100 troy of il-in, IT PIp• hrmg upstnd to 10 inch, a rather typical bunt ire the con- ditiurls present. However, tlu, adja, ent reach, although being upazed rem H-leech in 12-Inch pipe, enuwntered unknown ground condi- trims that rvquircdt lure it)min-t tmtinuorn locurs to burst. In ollur rear h,,, we untapecledly 10ond 1 _"and W dtameler pipes heavily Wen wnh sediments. During the- hursts, intermediary ma irmmanti, bites filled b-H lett high with sludge wbLh had to be removed by hand Winn- fit(, serer symem could be returned to use. Witching cables were broken a kw limps, GTrttmatrly intoning within retrievable discantr, of flip tamertitted n-trieval fill, or rear planned excavations for reconnecting 4evier hlltrab. An uncbLumenied high pressure hydrogen gas line located within a tied of ,nir sewer and in a utility-tongest d InTYYrtion .11mi Vega 2 Slaw Bu,,linsl'lfac hum, - proved or, ITT, quite thallenging. Lets of hand digging, uldity company "standby' alensand upir lination, and adjumme,d of bursting rates resulted in a successful Writing run. Ground - wale, was kept of low by or herluling the work at low hart ant with mitt, mfnrtn encounters VarInus differing site conditions tcontam. martvl soil, tuhstantiAh, deeper sinter invxrl deptho were found throughout the praimt that resulted in (flange order Losts. Huweser. these casts would have been sulAlaimially inure had the protect been built using the tomiart pochipol ripe,iiareiphing methods. The pipe burstingmrihod suggested bpVasoll, int. msulntd In a sayings to the City of about f 1511,(H10 the project was designed by WCLD staff, Sean Zahedi and Rnmula Saecenle. and construction was managed by Lynn Hama. tni-curnardw and Gary tam of the Haden DlsoLT D/ige Inspection was pinvded by District 4 inspectors wits Jim Lassley being The Primrpal Insp" tur and RitIt Clark being the lead insptrtor. Survey was pmvoiled by the I i,ulgt Dnvu t Survey Niall of Mark San• tislevan. Froilan New and Daniel Santistevan Stall front nhp ROS ,SputhYard cinder flip cites - lion ni Way tand kiarzrR assisted wilb some of flu, sossx-t , leanings and Vasill foreman. Tim Gdruvat was ext epmmmal in rorxdmdtmg the wink and keeping the Off, team Informed of Dec essary thangps, COulp 11 Dik(rh 1 15 staff members, Gnbnela Medina and Nicole Wells and BRV Public Works Affair Officer Ron Charles provided much apprrnated curnit niLdllM wah the residents of Wilmington. Kehl Welling, representing the fngilp,er to Design, is currently preparing Pipe Bunting Set ificatums Ti Ix, in, lusted In the next it - vision rot the Brown Bouk This will facilitate itaure pipe bursting operaliorn by providing quality control and porlonname nrluire- mrnts Vasill hopes to do more pipe bursting projirts in dwn Clly. M the• project was r ron- pleted un uhedule and ssdhin budget thty are off to a good start. Congiaiul,n ions go to rveryonp involveif with The pmolecl. Engtneerng Wewrlener- M14 5114 Elton Street, Baldwin Park, CA 91706 1 Office: 626-699-2380 1 Fax: 626-699-2457 Lic. No. 1012408 1 DIR No. 1000038691 HDPE Pipe Responsible Infrastructure The city of Covina, CA is populated by more than 49,000 people and is serviced by 121 miles of pipe infrastructure. When the city needed over 6.2 miles of underground sewer pipe replaced in 2011, HOPE provided a reliable, durable, and affordable solution. On top of the replacement of over 33,000' of vitrified clay pipe, the project had to pass through heavily trafficked areas such as schools, hospitals, residences, and main and secondary streets. HOPE allowed for minimal disturbance to the city and installation in areas with difficult or limited access. The city also experienced tremendous savings on the project, coming in at almost $8 million under budget instead of cost overruns. Pipe bursting often cost as little as $71 per linear foot whereas open cut never cost less than $95 a foot. Willdan Engineering and Vasilj. Inc. worked with Mocon Trenchless Corporation on the project, which was one of the "larger pipe bursting projects in Southern California" ever attempted. The project totaled 33,112' of 8"-12" DR31 HOPE and ran a complex route under residential, commercial, hospital, and Industrial areas. The pipe bursting was divided into 97 runs averaging over 300'. Crews faced additional challenges from a cul-de-sac, trailer park, and baseball field, but reversible bursting tools from TT Technologies allowed them to work without an exit pit for some bursts and avoid the extra construction. 40Pr unowed rh,• rrty r; rovfnu to PpW; a hew pfpe6ne w,dgosf meropiron ,,:portont communItv urea% 140 o hosp,rol, bowboUlAd, noq�borhocdi, �'d fe(Me, pmr In under a year and a half Covina's pipe project was completed, having provided minimal disruption during pipe bursts and saved the city millions. With the durability and resistance to corrosion of the HOPE, the city does not need to replace this pipeline again for the next century. Source: ham:1/ucononline.com/2013/ 10i 02/major-ca-bursting-project-12roves-very-cost-effective/ 5114 Elton Street, Baldwin Park, CA 917061 Office: 626-699-2380 1 Fax: 626-699-2457 Lic. No. 1012408 1 DIR No. 1000038691 LA DPW ENG NEERING SERV Aci rkr Pnr+r v r,' DE5i4nin4 rk€ FulkME Nei��sletter Community Lauds Carolina St. Emergency Storm Drain Project The Carolina Street Emergency Storm Drain Project is substantially complete, signifi- cantly ahead of scheduie and under budget. The project has received many favorable cumments from local ron ituents. hn1429, half ofPaceodel Mar5tdropped fi-10 feet. The foundation of an abandoned 1920's seaside hotel shows where shore visitors used to adadre the view out to Cata- lina island, bOurie earth movement ftwo abandonment of the building. Dubbed by locals the "Sunken Utv" to the southeast dropped all and more feet, and now has the landscape of the Dakota badlands. Me storm drain project picks up stormwater runoff that formerly discharged from the landslide -shortened dead end of Carolina Street. Water that formerly left the end of Carolina St. disappeared mica briar -patched depression and was not seen again. Nearly 700 feet of heavy solid -wall High Den..ity Polyethylene (HOPE) pipe, weigh- ing up to 43 pounds per foot of length, was installed under Carolina and Shepard SuveLs to connect to the existing Shepard St -Pacific Ave storm drain. The contractor, Vasil] Inc., did a highly professional job of pining and handling heavy 100 foot sections of fused HDPE. The contracior's traffic control safety and job -site concern for the public was exemplary, limiting inconvenience to the minimum nececsarv- New catch basui with Jtouifine resimleliwg. Said Ted, a resident at the end of Carolina Street, '"this project is the befit think' that's happened since I bought my house hem in the 1961r_c-" A neighboring resident couple said it was "awesurnie" and'beauhful" and an excellently executed project. Cindy Fowler of Councilmember Janice Who', staff said, "Thank ,you all. • - The pictures make the cut -de -sac look amazing. Thank you again fur getting this duneprig to The location of thrn• renarrging 18 and 21 " x Iid rtadf FIDPE pipe braudrrs rs clearly visible in this photo. rainy season (LOL) and to the ad miraton of themnstiluenis. Thankyoufoncolpingour officelook good. i will let the Councilwoman know what a great job you a0 did." Recognition goes to Vagilj construction Inc., losip Va�dp John Gavigan, Tim Grbavac and crew, under the steady, long -continuing stewardship of Councitmember Janice f Talin, Council District Director Dolores Canizales, and Staff Cindy Fowler, Ana Bozic, and Reginald Zachery, with the management of Susan Shu, Stormwater Croup Manger, Ding Lee, Protect Manager, and lue Tyler, Principal Construction Inspector, with as- sistanceof Mark Obcme, (kiotochnical, and under the direction and guidance of Law- rence Cuarearna, District Engineer, Roberto de Leon, Civil Engineer, and Laney Graab, Construction Inspector, with the excellent design of Lani Walsh, assistance of Andres DeLaCruz and Alan Lee, construction management of Chris Trinidad and Carlton Jones, and with the invaluable advisement of Pablo Vasquez, Lynn Hanami-Cummings, and Jim Corealejo, and as,%startce of Ariarim Coleman and Donna Preston and the rest of Harbor District staff, (whewl). Carlton Jones, the project ongineor, said, "Vasil] Construction has done beautiful work here, and with the careful iwecsight of C.I. Lance Graab, produced an economical, top quality project for the City and its residents. Tidying up is in process and final inspection will be in the works shortly." 5114 Elton Street, Baldwin Park, CA 91706 1 Office: 626-699-2380 1 Fax: 626-699-2457 Lic. No. 1012408 1 DIR No. 1000038691 John Garvgnn, Vasill contracter, Mols mad Fakth WCCD, Kendrick C7kvda WCCD. Tim Gar:a- bark, VaMi and Jorge 8uctamanfe Coafracf .9,iraireisfralion. First Settlement Agreement Project Completed Ahead of Schedule Sepulveda Sherman Oaks Valley Meadow Sewer Project 1'he City of Los Angeles Has entered into an agreement with U.S, Environmental Protection Agency and others to upgrade it% massive wastewater infra%tnrchrre. 71w Sepulveda Sherman Oaks Valley Meadow Sewer Project Is being built under this agreement. The project involve% the construction of three runtiguou% Sewer segnumIS of 1043- inch diameter pipeline and stainless steel secondary containment sleeves; 150D linear feet of 10-inch, 2000 linear feet of 12-inch and 1400 linear fret of 15-inch diameter VCP pipe; and appurtenant maintenance hole structures. This new segments will relieve the existing sewers in Sepulveda Boulevard between Fiume Street and Sherman Oaks Ave. which are flowing at or above capac- ity. Tlw existing Sewer is approximately 5100 toot in length and &Arch in diameter. Installation of this project will necessitate abandonment and removal of approximately 2,700 feel of the existing sewer and its ap- purtenantmaintenance bole structure. The entire alignment of the project is paved; construction took place under the existing streets within the public right-of-way at ap- proximately 10 to 18 feel below the ground surfaces. Cemstructkmwxsconducted using the open trench method. Approximately 885 linear feet of 20.inch Seeondary Containment Stainless Steel Sleev%s was used. The project was awarded on January 23, 2006 with completion time of 200 working days, notice to proceed was issued on April 5, 2006. January 31, 2007 was the sciudulcd construction completion day Settlement Agreement for the project completion was. scheduled for January 30, 2(106. That will put the project under the Settlement Agree- mentpeialtvifitpassr,..- the dead line. With this schedule 179 actual work days left to complete the work from notice to proceed date. The project faced with daily work hour restrictions 9:30 AM to 3:00 PM. includes traffic control set up, removal and cleaning, the actual work hours were five hours per day. With all these restrictions and Utilities interference de project wa% 1005%, flow in the main line on December 28, 2006 two days before Settlement Agn errimt dead line. All the thanks go to the design engineer William Briggs, who was in contact with the Project from start to finish; Jorge Bustamante, Senior Construction inspector who was at the site at all times and used his inspection experience to run this project; Mohamad Fakilt, the project engineer, who was always in contact with both the design engineer and project inspector; Joan Pelico and Shirin Buckman, Field Deputies from Fifth Council District, for the support and all the help they both provided us as a team in resolving any problems rises in the district- and last but not least, WCCD Managers Iftekhar Ahmed, Swnsalc Sasnakul and division head Ken- drick Okuda, who gave all the support for this pmgem Blood Drive Today In respunse to the extreme shortage of blood, the Community Development Department has scheduled a blood drive on: W'ednesdav Pebruary 14,2007 9:00 am to 3AU pm 1200 W. 7th St. (the Garland Building) -Ith floor conference room. AI the present time, there is less than a one - day supply of blood (a five-day supply is recommended). Please consider making an appointment to donate today. Invite a friend ormworker to donate with you. Tlic Garland Building is served by both DASH routes A and F. Walk-insamalsuw•elcnme,espedally between 11 am and 1 pm. 'rhis year, instead of candy and roses, give the gift of fife give blood! Moore on APWA Board Public Works Public, jfari•s Office press release; LOS ANGELES (February 7, 2007) - Los Angeles City Engineer, and Sierra Madre resident, Gary Lee Moore was installed into the 2W7 Board of Directors of the Amen - can Public Works Association, Southern California Chapter, announces City of Los Angeles Board of Public Works President Cynthia Ruiz, About 300 APWA members and guuSts attended the recent installation ceremony at the Richard M. Nixon Library in Yorba Linda. Now in his second term, the City Engi- neer serves on a six -member board that gov- erns and overawes the affairs of the APWA Chapter that covers Orange. Los Angeles. Riverside and San Bernardino Counties with branches in the Inland Empire, Coachella Valley and the High Desert. "APWA is an excellent organiratinn and I'm pleased to serveon the Board of Directors again this year," said Moore. "'llmc Chapter promotes Engineering as a major Public Works component and it's very important ho me to give back much of the knowledge and expertise I've gaited in this field to help others succeed. - Am City Engineer. Moore leads the City'.- Bureau of Engineering, with a work force of more than 1,100 enginver5, architects, surveyors and support staff and an annual operating budget of $123 million. He over- sees 650 active projects totalingS4 billion and leads the Bureau in design and construction of all public facilities such as fire stations, libraries, police stations, animal care facilities and the zoo. In addition, he is responsible for projects involving parks, streets, wastewater treatment plants, sewers, storm drains and the regulation of private development affect- ing the public right-of-way. Happy Valentine's Day! Papa 2 Engnsenrg Newsleaar - 2 4007 5114 Elton Street, Baldwin Park, CA 91706 1 Office: 626-699-2380 1 Fax: 626-699-2457 Lic. No. 1012408 1 DIIt No. 1000038691 Bid Package, Sewer Man Replacement - Portion of Azusa Avenue & CitrusStreet, Project No: 21011 &21012 Document Control Page 25 of 231 Bid Bond Page 1 of 2 (Use of City bond form is required) BID BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Girboon, Inc. (hereinafter referred to as "Contractor") intends to submit a bid to the City of West Covina, California, a Municipal Corporation, for the performance of certain work as required in the City of West Covina Project Noz1011 & 21012 said work being: Sever Main RePlaDement-Portion of Azusa Avenue & Citrus StrefAs shown in this specification on the Plan No. , and in compliance with the specifications therefore under an invitation of said City contained in it notice or advertisement for bids or proposals. NOW, THEREFORE, we, the Contractor, as Principal, and Everest Reinsurance Company a corporation organized and existing under the laws of the State of DE , duly authorized to transact business under the laws of the State of California as Surety, are held and firmly bound unto the City of West Covina, as Obligee, in the Sum of Ten Percent of the Bid Amount Dollars ($ 10%ofthe Bid Amount ) lawful money of the United States of America, said sum being not less than ten percent (10%) of the bid amount for the payment of which sum well and truly to be made, the said Principal, and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: If the bid of the said Principal is rejected by the said Obligee; or if the said Obligee shall accept the bid of the said Principal and said Principal shall enter into an Agreement with said Obligee in accordance with the terms of the bid, and shall give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Agreement and for the prompt payment of labor and material furnished in the prosecution thereof - or in the event of the failure of said Principal to enter such Agreement and give such bond or bonds, if said Principal shall pay to said Obligee the difference not to exceed the penalty thereof between the amount specified in said bid and such larger amount for which said Obligee may in good faith contract with another parry to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. In case suit is brought upon this bond, the court shall fix and award and the surety shall pay, in addition to the face amount hereof, costs and reasonable attorney's fees incurred by the City of West Covina in successfully enforcing said obligation. IN WITNESS THEREOF, we have hereunto, set our hands and seats this 20th day of Jar ary , 2022 PCItlClpal Grbcon By I Q r- BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "In. BID DOCUMENTS" BID DOCUMENTS III-9 Bid Package, Sewer Main Replacement - Portion of Azusa Avenue & Citrus Sheet, Project No: 21011 &21012 Document Control Page 26 of 231 Bid Bond Page 2 of 2 (Use of City bond form is required) Sure Everest Reinsuranc Company B Tit is ton. A ey in Fact I declare under penalty of perjury under the laws of the State of California that the contents of the above Bid Bond are true and correct, and that I have been duly authorized to sign this Bid Bond on behalf of Surety. This Declaration is signed on January 20 20 22, in the City of Los aP1es , State of California. STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On this _ day of , 2(_, before me, a Notary Public, personally appeared , personally known to me (or proved to me) on the basis of satisfactory evidence to be the person(s) whose names is/are subscribed to this instrument, and acknowledge to me that he/she/they executed the same in his/her/their authorized capacities, and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seat. Notary Public in and for said County and State \ IMM (Proof of signature authorization or power of attorney must be attached) APPROVED AS TO FORM: /s/Thomas P. Duarte City Attorney BID DOCUMENTS [11-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California ) ) ss County of Los Angeles On 1 - qQ ---LD before me, Natalie K. Trofimoff, Notary Public, personally appeared Lisa L. Thornton who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that 4efsheA4ey executed the same in hisi4her�theiF authorized capacity(4es4, and that by bi&/herAheiK signature(s) on the instrument the person(s), or the entity upon behalf of which the person(6) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (Seal) Natalie K. Trofimoff, NotaryPublic Everest Reinsurance Company 461 5'" Avenue — 4" Floor New York, N.Y 10017 EWERVE SURETY BOND SEAL ADDENDUM EVEREST REINSURANCE COMPANY Due to logistical issues associated with the use of traditional seals during the COVID-19 pandemic, Everest Reinsurance Company ("Everest") has authorized its Attorney -in -Fact to affix Everest's corporate seal to any bond executed on behalf of Everest by any such Attorney -in - Fact by attaching this Addendum to said bond. To the extent this addendum is attached to a bond that is executed on behalf of Everest by its Attorney -in -Fact, Everest hereby agrees that the seal below shall be deemed affixed to said bond to the same extent as if its raised corporate seal was physically affixed to the face of the bond. Dated this Vh day of April 2020. EVEREST REINSURANCE COMPANY C _T By: Anthony Romano —Vice President & Global Head of Surety L�ppo�lF SEAL 1973 041AWAO 4C11E R ESL POWER OF ATTORNEY EVEREST REINSURANCE COMPANY DELA WARE KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the Slate of Delaware ("Company") having its principal office located at 477 Martinsville Road, Liberty Comer, New Jersey 07938, do hereby nominate, constitute, and appoint C.K. Nakamura, E.S. Albrecht, Jr., Jeffrey Strassner, Jessica L. Rosser, Lisa L. Thomton, Maria Pena, Natalie K. TroNmof, ,, Naomi Quimz, Patricia S- Arana, Tim M. Tomko, Tiffany Coronado its true and lawful Attomey(s)4n-fact to make, execute, attest seal and deliver for and on its behalf, as surety, and as its ad and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is In any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation. Such bonds and undertakings, when duty executed by the aforesaid Attomey(s)-In-fact shall be binding upon the Company as fully and to the same extent as If such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company (*Board) on the 28th day of July 2016: RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co -surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co -surety and attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attomey to execute, on behalf of the Company, bonds and undertakings in surety or co -surely with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power or attorney or certificate bearing such facsimile signatures or facsimile seat shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co -surety with others to which it is attached. IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duty authorized officers this 280% day of July 2016. �FAL Everest Reinsurance Company 1M » Attest: Nicole Chase, Assistant Secretary By: Anthony Romano, Vice President On this 28th day of July 2016, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above instrument; that he knows the seal of said Company; that the seat affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order. LINDA ROBINS /J ^ Notary Public, State of New York j ) No 01RO6239736 Qualified in Queens County Tenn Expires April 25, 2023 Linda Robins, Notary Public IN WITNESS WHEREOF, I have hereunto set my hand and affxed the seal of said Company, at the Liberty Comer, this 20th day of January 2o22 ES 00 01 04 16 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of L a,, A„ el 1 on 3,Anu_ uTl ZALZ beforeme, rJfM Yt C Wr , No � m 4 Pu6tiL- (insert name a d titI6 of the offs r) personally appeared V-l(, F i,)n i,7rn0Lu- v who proved to me on the basis of satisfactory evidence to be the person(4whose name is arc subscribed to the within instrument and acknowledged to me that(!!plsheftheyexecuted the same in &lbeMMir authorized capacity, and that by 9T /be+fthei . signature(�c)_on the instrument the person(, or the entity upon behalf of which the person('Oacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature BRETT DYLAN HARPER �= Notary Public - California Los Angeles County ! Commission ; 2340893 My Comm. Expires Jan 2. 2025 (Seal) COO GRBCON, Inc. A California Corporation Meeting of the Board of Directors Dated: January 7' , 2016 Corporate Resolution Regarding Contractual Authority Following the establishment GRBCON, Inc. on 12124/ 15, its Board of Directors -has met on January 71h, 2016 and have granted Kristion Grbavac the authority to enter into binding agreements on behalf of the Corporation. Kristion Grbavac shall occupy the positions of CEO, Secretary, Treasurer, and member of the board. Gordon Anthony Grbavac shall serve as Vice President and member of the board. When, and if requested, Kristion Grbavac shall have the ability to enter into contractual agreements on behalf of the firm and to sign in the capacities as the officers mentioned above. IN WITNESS THEREOF, Gordon Anthony Grbavac and Kristion Grbavac have executed this written consent dated January 71h, 2016. Affix Corporate Sal Director Vice President Dated: January 7', 2016 Dated: January 7111• 2016 Bid Package, Sewer Main Replacement • Portion of Azusa Avenue & Cit us Streel, Project No: 21011&21012 Document Control Page 27 of 231 Page 1 of 2 STATEMENT OF NON -COLLUSION BY CONTRACTOR The undersigned who submits herewith to the City of West Covina a bid or proposal does hereby certify: 1. That all statements of fact in such bid or proposal are true; 2. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; 3. That such bid or proposal is genuine and not collusive or sham; 4. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of West Covina or of any other bidder or anyone else interested in the proposed procurement; 5. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal; 6. Did not in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else; Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of West Covina, or to any person or persons who have a partnership or their financial interest with said bidder in his business. 8. Did not provide, directly or indirectly to any officer or employee of the City of West Covina any gratuity, entertainment, meals, or anything of value, whatsoever, which could be objectively construed as intending to invoke any form of reciprocation or favorable treatment. 9. That no officer or principal of the undersigned firm is related to any officer or employee of the city by blood or marriage within the third degree or is employed, either full or part time, by the City of West Covina either currently or within the last two (2) years. BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "III. BID DOCUMENTS" BID DOCUMENTS M-11 Bid Package, Sewer Main Replacement - Portion of Azusa Avenue & CWw Street, Project No: 21011&21012 Document Control Page 28 of 231 Page 2 of 2 10. That no officer or principal of the undersigned firm nor any sub -contractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years. I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed: On 10,nic-nA 2.% 2-oz2 at 3alcfw:N Fau.1A, California. ro u Grbcon,Inc. Street 5114 Elton Street City Baldwin Park State CA APPROVED AS TO FORM: /s/Thomas P. Duarte City Attorney Zip 91706 President Title BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "III. BID DOCUMENTS" BID DOCUMENTSII ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Anaeks 1 On :Tnnuary V), Z.OZZ before me, O%tT �toLr�r. Nr o, Ply c, (insert name arid title of the offs r) personally appeared r hr b ✓ci �- who proved to me on the basis of satisfactory evidence to be the person(4whose nameN Aare - subscribed to the within instrument and acknowledged to me that6waheAttey executed the same in MhoWtheirauthorized capacity(mm), and that by &4ugi;iltheir signatureT*-en the instrument the person(* or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. y., BRE77 DYLAN HARPER �- Notary Public - California Los Angeles County t Commission a 2340693 Nv Comm, Expires Jan 2, 2025 Signature (Seal) Bid Package, Sevier Main Replacement- Portion of Azusa Avenue & Citrus Street, Prgect No: 21011&21012 Document Control Page 29 of 231 Page 1 of 1 CERTIFICATION OF PRINCIPAL I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. (Section 1861, Labor Code.) DATED: 1— 26 — 2 o z 2— APPROVED AS TO FORM: /s/Thomas P. Duarte City Attorney BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "III. BID DOCUMENTS" BED DOCUMENTS IH-13 Bid Package, Sewer Main Replacement -Portion of Azusa Avenue & Ciaus Street, Project No: 21011&21012 Document Control Page 30 of 231 AGREEMENT FOR INDEMNIFICATION BY CONTRACTOR/VENDOR The City of West Covina requires contractors and suppliers of service to the City to indemnify and hold the City of West Covina harmless for claims or losses arising from or in connection with the contracting party's work for the City of West Covina before a purchase order is issued. To eliminate misunderstandings between contracting parties and the City in case of a claim or lawsuit, the City of West Covina requires that contracting parties who perform services for the City sign this Agreement. This Agreement will act as and become a part of each contract/purchase order between the City of West Covina and the contracting parties signing the Agreement In consideration of the opportunity of doing work for the City of West Covina and benefits to be received thereby, the contracting party agrees as follows: That where a contract, purchase order or confirming order is issued by the City of West Covina awarding a contract, this Agreement is to be considered part of that contract. 2. Contractor agrees to indemnify the City of West Covina and any officer, employee or agent, and hold the City of West Covina and any officer, employee or agent thereof harmless from any and all claims, liabilities, obligations and causes of action of whatsoever kind or nature for injury to, or death of, any person (including officers, employees and agents of the City of West Covina), resulting from any and all actions or omissions of contractor or contractor's employees, agents or invitees, or any subcontractor of contractor or any of such subcontractor's employees, agents or invitees. 3. That the contracting party specifically waives the benefits and protection of Labor Code Section 3864 which provides, "If an action as provided in this chapter is prosecuted by the employee, the employer, or both jointly against the third person results in judgment against such third person or settlement by such third person, the employer shall have no liability to reimburse or hold such third person harmless on such judgment or settlement in the absence of a written agreement so to be executed prior to the injury." This waiver will occur as to any contracts awarded by the City of West Covina to the contracting party to this Agreement while this Agreement is in force. 4. That this Agreement has been signed by an authorized representative of the contracting party, and such representative has the authority to bind the contractor/vendor to all terms and conditions of this Agreement. 5. That this Agreement shall be binding upon the successors and assignees of the contracting party to any contract with the City of West Covina As a condition precedent to acceptance, and contracts from the City of West Covina and contracting party agree to advise its successors or assignees of this Agreement and to obtain their consent to its writing before the work of the representative successor or assignees begin; such assignment shall be effective with the written consent of the City of West Covina. 6. To promptly notify the City of West Covina of any change in ownership of the contracting party while this Agreement is in force. 7. In the event that this Agreemenf contract, or purchase order is entered into with the West Covina Community Development Commission, wherever the term "City of West Covina" is indicated, it shall also be applicable to the West Covina Community Development Commission. This Agreement cannot be modified or changed without the express written consent of the City Attorney of the City of West Covina. BIDDER SHALL COMPLETE AND SUBMIT ALL DOCUMENTS AND PAGES IN SECTION "III. BID DOCUMENTS" 112,11) DOCUMENTS I11 Bid Package, Sewer Main Replacement- Portion of Azusa Avenue & Cihus Streel, Project No! 21011&21012 Document Control Page 31 of 231 Onbehalfof Grbcon, Inc. (Name of ConhectorNendor) 5114 Elton Street, Baldwin Park, CA. 91706 (Address) I agree to the tetras of this A Signature Title Pres' t BID DOCUMENTS III-15 EXHIBIT B CERTIFICATES OF INSURANCE EXHIBIT C BONDS