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HomeMy WebLinkAboutAGMT - Empire Pipe Cleaning (Sewer Cleaning) MAINTENANCE SERVICES AGREEMENT Between •�oa0Pfl4?71�% * \*S. io % C% Qi .1 /'� ''F9 27 p' ' 1ONTV S City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Empire Pipe Cleaning and Equipment, Inc. 1788 North Neville Street Orange, CA 92865 (714) 639-8352 This Maintenance Service Agreement ("the Agreement") is made as of February 25, 2013 (the "Effective Date"), by and between Empire Pipe Cleaning and Equipment, Inc. ("Contractor"), a California Corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). 1 of 9 57296-0001\1236808v1.doc RECITALS A. City desires certain sewer cleaning services. B. Contractor represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Contractor shall provide those services ("Services") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize payment for such work up to a cumulative maximum of $10,000. Payment for additional work in excess of$10,000 requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall terminate on June 30, 2016 unless previously terminated as provided by this Agreement. An additional two (2) one-year contract extensions are available based upon the Contractor's performance and at the discretion of the City. 3.0 Contractor's Compensation City will pay Contractor in accordance with the bid schedule set forth in Exhibit B for Services for a cumulative amount not to exceed $320,310. Any additional 2 of 9 57296-0001\1236808v1.doc work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the bid schedule set forth in Exhibit B. 4.0 Method of Payment • 4.1. Contractor shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the unit bid prices charged, and the services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this • Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Craig Van Thyne is the Contractor's primary representative for purposes of this Agreement. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit 3 of 9 57296-0001\1236808v1.doc • in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211-8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: Empire Pipe Cleaning and Equipment, Inc. 1788 N. Neville Street Orange, CA 92865 Attn: Craig Van Thyne 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Contractor is not an employee of the City. All services provided pursuant to this Agreement shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's personnel practices. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 4 of 9 57296-0001\1236808v1.doc • • 10.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement as well as a labor and materials bond as noted in Exhibit C. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim/aggregate. 11.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect 5 of 9 S7296-0001\1236808v1.doc coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnitees") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Contractor, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Contractor shall defend Indemnitees, at Contractor's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Contractor shall reimburse City and its directors, officials, officers, 6 of 9 S7296-0001\1236808v1.doc employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, the City, its directors, officials, officers, employees, agents or volunteers. All duties of Contractor under this Section shall survive termination of this Agreement. 13.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that 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 agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 16.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 7 of 9 S7296-0001\1236808v1.doc 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests; Conflict of Interest 20.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 20.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 20.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non- contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 21.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, 8 of 9 S7296-000111236808v1.doc the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH CONTRACTOR By: Al A e . �,L�1�� By: U Ic . 51 R. Ingram, City ger Name: 61C.4-1 C 12-- V(A C RL +_ Attest: Its: U\ C r PPC5 ,p r By: b/L.u. . By: Lir da Devine, City Clerk Name: Approved as to Form: Its: By: �' I uinn Barrow, City Attorney 9 of 9 S7296-0001\1236808v1.doc EXHIBIT A SCOPE OF WORK A. Background — The City of Seal Beach provides sewer service to the northwest and southwest sections of Seal Beach and the Sunset Aquatic Park. The areas of Leisure World, College Park West, and Surfside are within the City's limits but are currently not served by the City. Estimated population in the sewer service area is 15,751. Existing average wastewater flow generated within the City's service areas is approximately 1.54 million gallons per day. B. General — Service Provider will furnish all labor, materials, equipment, and incidents necessary for the cleaning of approximately 168,000+/- feet of sewer lines and manholes described herein. The Service Provider shall also provide an annual cleaning and inspection of each of the City's seven (7) sewer lift stations. The Service Provider shall be responsible for the removal of debris and accumulated encrustations from the pipelines and shall take all the necessary steps to ensure that no spills of any water occur. Pipeline debris is described as, but not limited to, sludge, dirt, sand, rocks, grease, roots, calcium deposits, and other solid or semisolid materials. Contractor shall also provide on-call emergency response services as well. Payment for this work shall be included in the unit bid pricing provided by the Service Provider and no additional compensation will be allowed. Sewer lines are VCP, DIP, and PVC and range in sizes from 6 to 24 inches in diameter. Lengths shown are approximate. Payment will be for actual footage cleaned, based on the unit bid pricing provided. Work crews shall be on site from 7:00am to 3:30pm, Monday through Thursday. All sewers and lift stations shall be cleaned once every twelve (12) months. C. Cleaning Equipment Combination of high velocity hydro-cleaning and vacuum removal equipment shall be utilized and shall have the following features as a minimum. 1. A minimum of 900 feet of 1-inch diameter high-pressure hydro flushing hose. 2. Two or more high velocity nozzles capable of producing a scouring action from 15 to 45 degrees in all size lines to be cleaned. Nozzle skids shall be used for the appropriate size of pipe being cleaned. Note: Nozzle jet orifices shall be inspected periodically by the Service Provider and City of Seal Beach representative to ensure jet diameter does not exceed 0.0860-inch in diameter. Nozzle jets will be considered worn if a 3/30" drill bit can be inserted into the jet orifice. The nozzle shall then be removed from service. For nozzles with replaceable jets, the oversize jets shall be replaced before the nozzle can be used again. Exhibit A, Page 1 3. At least one root cutter attachment for 6" through 15" pipe. 4. A high-pressure handgun for washing and scouring manhole walls, channels, shelves, and manhole cover frames. 5. A 1,500-gallon minimum water tank, pump, and a hydraulically driven hose reel. 6. Equipment operational controls located above ground. 7. Minimum working pressure of 1,200 pounds per square inch at 60 G.P.M rate. 8. Centrifugal or positive displacement blower vacuum equipment suitable to remove all debris at the downstream manhole while the hydro flushing is being preformed. 9. Two (2) two-way hand-held radios for communication and a Nextel phone with walkie/talkie feature for communication with City. D. Cleaning Precautions — During sewer cleaning operations, satisfactory precautions shall be taken in the usage of cleaning equipment to ensure that the water pressure or head created does not damage or cause flooding of public or private property being served by the sewer. Care shall be exercised in the selection and use of the cleaning tools to avoid pipe damage. Service Provider shall be responsible for all costs for repairs and/or clean- up to City-owned or private property to City's satisfaction. Use of a nozzle skid is required to prevent accidental Entry of nozzle into house connections. Service Provider will be required to comply with all pertinent State water quality regulations and vehicles and equipment used to provide these services in the City must contain appropriate materials to protect the City's storm drain system in the event of a sewer spill during the normal course of providing these services. Service Provider will also comply with all Orange County Health Care Agency regulations and shall familiarize itself with the City's sewer overflow response procedures. E. Sewer Cleaning Procedures —The designated sewer line segments will be cleaned using combination high-velocity jet with vacuum removal. The normal cleaning operation shall be to jet from the downstream manhole towards the upstream manhole thereby pulling any debris back to the downstream manhole. If no debris is present then a single pass shall be sufficient. If debris is encountered the entire run shall be made repeatedly until debris is no longer present. At any sign of significant dirt and gravel the cleaning operation for the pipe shall cease and City shall be notified of possible line break. Once the Appropriate traffic control has been placed, the Service Provider shall wash the upstream manhole with the high-pressure water gun while being cautious not to spray any surrounding vehicles or pedestrians. Any major defect in the manhole or the frame and cover shall be noted and brought to the attention of the City for remedy. Exhibit A, Page 2 Selection of the equipment used will be based on the conditions of the sewer lines at the time work commences. The equipment and methods selected must be satisfactory to City representative(s). The equipment shall be capable of removing dirt, grease, roots, calcium deposits, and other materials and obstructions from the sewer lines and manholes. If cleaning of an entire section cannot be successfully performed from the downstream manhole, the equipment will be set up on the upstream manhole and cleaning will again be attempted. If successful cleaning again cannot be performed or the equipment fails to traverse the entire manhole section, it will be assumed that a major blockage exists and the Service Provider will notify City's representative(s) of this condition immediately for further instructions. Pullback rate on jelling shall no be greater than three feet per second. The cleaning method shall be to jet from the upstream manhole down slope from the upstream manhole down slope for washing purposes on pipeline segments with extremely steep slopes where the jetter nozzle fails to climb to the upstream manhole. Then jet from the downstream manhole upslope so that the cleaning direction overlaps. Water for cleaning will be from the closest available fire hydrant. The Service Provider shall make arrangements with the City's water department to get water from the local fire hydrant. Each of the City's seven (7) sewer lift stations shall be cleaned and inspected on an annual basis. Service Provider shall remove all material from each wet well and make a confined space entry into the wet well to inspect its condition and to thoroughly clean it. Service Provider shall provide documentation to the City of the condition of the wet wells and report any maintenance deficiencies. Service Provider shall remove and dispose of any and all foreign materials from within the wet well. The following are the City's sewer lift stations included in this contract scope of work: • 1st Street Lift Station — River's End • 8th Street Lift Station — beach parking lot • Pier Lift Station • Station 35 —Ocean Avenue at Electric Avenue • Boeing Lift Station — Seal Beach Boulevard • Sunset Aquatic Park Lift Station • City Yard Lift Station — 1776 Adolfo Lopez Drive If there are any questions regarding previous cleaning data they should be directed to Luis Estevez, Deputy Director of Public Works at 562-431-2527 x1433. F. Material Removed —The Service Provider shall be responsible for the removal of debris from the pipeline and cleaning and/or re-cleaning the pipe wall to City's satisfaction as proven by the closed circuit television (CCTV) video. All sludge, dirt, sand, rocks, roots, grease and other solid or semisolid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned. Passing material from manhole section to manhole section, which may cause line stoppages, shall not be permitted. Exhibit A, Page 3 G. Material Disposal — Liquids shall be decanted and ran back to the sewer. All solids or semisolids resulting from the cleaning operations will be removed from the work site and disposed of at a no added cost to the City in the digester cleaning beds at the Orange County Sanitation District's (OCSD's) Treatment Plant No. 1 located in Fountain Valley, California. All materials will be removed from the work site at the end of each workday. Under no circumstance will the Service Provider be allowed to accumulate debris, etc. on the site of work beyond a single workday. Service Provider shall pay all associated OCSD fees, if any, for disposing of solids or semisolids at its facilities. Service Provider shall comply with all applicable OCSD safety and regulatory procedures at its plant H. Spill Reporting and Handling — Service Provider shall immediately notify City's representatives(s) of any manhole overflow or interruption/back up of customer service. The Service Provider shall take all measures possible to immediately contain and control all overflow. The City of Seal Beach Sanitary Sewer Overflow Emergency Response Plan is available for review at City Hall (211 8th St.) and at the City Public Works Yard (1776 Adolfo Lopez Dr.). Service Provider shall be responsible for any fines levied by others as a result of the Service Provider's work. Ultimately, if the Service Provider is involved with a spill, he must: 1. First and immediately notify the City of Seal Beach at 562/496-8660 or 562/431-2527. The City will then make the notifications required by the Orange County Health Care Agency and the City's sewer overflow response plan. Once a spill is reported to the City of Seal Beach, personnel will be dispatched to assist the Service Provider. 2. Secondly, the Service Provider must attempt to contain the spill to isolate it from entry to any waterways. 3. Thirdly, the Service Provider must attempt to relieve the spill. Once the spill has been contained and relieved, the area must be cleaned up. 4. Lastly, follow-up reports must be made. Service Provider shall be responsible for paying any fines levied by any regulatory agencies, reimbursement of any agency or private party incurred costs, damage, cleanup, restoration of flow, and any disruption of service costs to customer as a result of Service Provider's work. Service Provider shall also notify the City of Seal Beach immediately of any apparent non-Service Provider related spills and/or any abnormal conditions. I. Confined Space Issues and Safety Issues —Ali manholes in this work are defined as Title 8 Permit Required Confined Spaces. The Service Provider's attention is directed to the General Industry Safety Orders of the State of California, Article 108, Confined Spaces, Section 5157 (Title 8 of California Code of Regulations, Sections 5167, 5157, 5158). Service Provider shall attend a safety meeting at OCSD with the Safety and Exhibit A, Page 4 Emergency Response Division prior to the award for the purpose of reviewing the Service Providers safety manuals, his knowledge of Title 8, and to discuss all safety aspects of the job. All work shall be conducted from above ground with the exception of the annual lift station maintenance and inspection. Manhole and lift station wet well entry shall be conducted in strict accordance with permit-required confined space entry regulations. These regulations include, at minimum: entry permit, trained authorized entrant(s), attendant(s), entry supervisor(s), full body harness(with life line), mechanical retrieval device, continued forced air ventilation, continuous air monitoring, communication system(minimum two types), and all other protective equipment that may not be required. Work shall be conducted in accordance with all Federal, State, and local laws and regulations. The local fire department may be able to offer services for Confined Space rescue. Service Provider shall make any and all arrangements necessary at no additional costs to the City of Seal Beach. J. Traffic Control —All traffic control shall be in accordance with the latest CALTRANS regulations and the WATCH (Work Area Traffic Control Handbook), latest edition, and based on the speed limits posted in the work zones. Flagmen may be required in some locations. Additional local regulations shall have precedence. Service Provider shall apply for all traffic control permits and pay all fees and permits for said permits. Safe and adequate pedestrian and vehicular access shall be provided in accordance with Section 7-10 of Standard Specifications for Public Works Constructions, 2009 Edition. Traffic lane closures on arterial roadways shall not occur prior to 9 a.m. or after 4 p.m. Service Provider shall provide all traffic control devices and the cost for traffic control shall be included in the unit bid pricing provided by the Service Provider. No additional compensation will be allowed. NOTE: Inadequate or improper signing and delineation for traffic control may be cause for the cancellation of the contract. K. Work Plan —The Service Provider shall prepare a weekly work plan and submit it one (1) week in advance to the City. The plan shall verify the cleaning sequence and identify all the line sections to be cleaned based on City maps and sequence data provided. Plan may be amended for weather or local road maintenance or construction issues discovered by either party. L. Work Documentation —Weekly reports based on the work plan shall be submitted for City review with the invoice for payment. Service Provider's long sheets, with a section- by-section breakdown, including comments, shall be maintained on site, in a legible manner, for review at all times. Comments on long sheets shall include notice of badly worn frames and covers and of badly deteriorated manhole concrete structures. City staff shall confirm the total number of quantities of work provided prior to payment of Service Provider's invoice. Exhibit A, Page 5 M. Crew Size — Service Provider shall provide a minimum of a two-person crew at all times, and one personal shall witness the getting nozzle reach the upstream manhole. A crew of three shall be utilized for all work in confined spaces. Additional personnel shall be utilized when needed for traffic control flagmen. N. Emergency Response — Service Provider shall be available to perform emergency services twenty-four (24) hours a day, 365 days per year. Compensation paid for emergency response shall be based upon the service provider's arrival on the job site. Compensation will not be allowed for travel time to and from the Service Provider's facilities. O. CCTV Video Inspection —Video inspection shall be performed by a certified NASSCO PACP trained operator. The Service Provider's CCTV equipment shall include video cameras, a video monitor cable, power sources, and all equipment necessary to perform a CCTV inspection as outlined in this scope of work. CCTV inspection shall utilize specialized collection software such as POSM or equivalent. The cameras shall meet Cal-OSHA requirements for operating in the sanitary sewer environment. The cameras shall have Pan-and-Tilt capabilities, and shall have a minimum of 360x270 degree rotation and illumination sensitivity shall be three lux or less and provide a minimum of 460 lines of resolution. The focal distance shall be adjustable through a range from 25 mm (1 inch) to infinity. During CCTV inspection, lighting intensity shall be adjusted to minimize glare. Lighting and picture quality shall be adjusted to provide a clear, in-focus picture of the entire periphery for all conditions encountered. All observations and defects shall be documented in a database and shall include digital video recording and digital photographs. Each video clip and photograph provided shall correspond to inspection data in the database, and each set of inspection data listed in the database shall be properly linked to the appropriate video clip and photos. All observations shall be selected from a standard table of descriptions incorporated in the inspection reporting software, as required by PACP. Any additional comments regarding the observation shall be indicated in the remarks box. The severity of each defect or observation shall be recorded and rated according to the PACP method. The Service Provider shall make a continuous color digital recording in MPEG 4 format for each pipe segment inspected. Video files shall have a minimum resolution of 352 x 240 pixels and an interlaced frame rate at a minimum of 24 frames per second. Video inspection will not exceed a traverse rate of 30 feet per minute. The Service Provider shall pause the digital recording at any time there is a delay in the inspection and restart the digital video recording in the same digital file. The pause shall in no way affect, freeze, or interrupt the replay of the video and shall not close the video file during the inspection. The initial text screen shall appear at the beginning of the video footage, and shall appear before the 360 degree pan of the starting manhole. During the CCTV inspection, the camera shall stop at all defects and significant observations to ensure a clear and focused view of the pipe condition and shall rotate the camera head at the Exhibit A, Page 6 defect to allow for later adequate evaluation. All defects and significant observations shall include a text overly of the recorded observation. Digital photographs in JPEG format shall be made of all recorded defect observations. These photographs will be computer generated with the use of the inspection reporting system software. A • minimum of TWO photographs of each defect shall be taken, one with a perspective view and one with a close-up view. Deliverables shall include inspection reports that include Title Page showing all of the pipeline information. Plot Survey, and observation reports showing all assessments and photographs. All reports, assessments, photographs, video files, and databases shall be supplied on removable hard drive and DVD media. NOTES: All manhole numbers used in the inspection report and all data files will be provided by the City. The inspection Report for each segment shall contain the following as directed by the City: 1. Agency project or Contract number 2. Date • 3. Time 4. Weather condition 5. Service Provider name 6. Service Provider job number 7. Operator(s) name 8. Street name or location 9. Cross street name or location 10. Manhole number (access point) — upstream 11. Manhole number (access point) —down stream 12. Manhole to manhole segment number 13. Pipe- size 14. Pipe- slope 15. Notice of severely worn manhole covers 16. Notice of severely deteriorated manhole concrete structures 17. Notice of severely deteriorated manhole liners or coatings Exhibit A, Page 7 EXHIBIT B BID SCHEDULE Attached Exhibit B, Page 1 City of Seal Beach California PROPOSAL FOR SEWER MAINTENANCE SERVICES BID SHEET UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1. Sewer Line Cleaning LF 168,000 $ O a(o $ </y 00.06 2. CCTV Inspection LP 100,000 $ o 9 2. $ y a ,COO.W After-I-Iours Emergency 3. Response HR 150 $ LD $/s,UtJO.OD Station 35 Sewer Lift Station 4. Cleaning and Inspection EA l $ -] So.(.>U $ 7so,U o lm Street Sewer Lift Station 5. Cleaning and Inspection LA 1 $ 7 SO/OD $ 756 ,D L) 8ih Street Sewer Lift Station 6. Cleaning and Inspection EA 1 $ op $ 7 S0.D6 Pier Sewer Lift Station EA 1 $ $ 7• Cleaning and Inspection `7 50.0U 7 co .00 Boeing Sewer Lift Station 8. Cleaning and Inspection EA I $-7,50. 00 $7S0,00 Sunset Aquatic Park Sewer g• Lift Station Cleaning and EA I $7 $ 7 Inspection SD,( / ' City Yard Sewer Lift Station 10. Cleaning and Inspection EA ] $ co. 00 $ �st�•0O TOTAL BID PRICE(BASED ON BID SCHEDULE TOTAL OF UNIT PRICES): S /v , 77(I - UCH Total Bid Price in Numbers � (1) 1g_Lund rec j s1 ) linOuc .0.!) SCVCn) hucj oZr[) SC(JC0- Total Bid Price in Written Form C-10 I I 4#,-S O i\-43 G r s IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES,TFIE WORDS SHALL PREVAIL. NOTE: The City reserves the right to award a contract to the lowest responsible bidder in parts or in its entirety and reserves the right to reject all bids and re-advertise, as appears to be in the best interests of the • City. A bid is required for this entire work,the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing bids,and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses, taxes, royalties,and fees. In the case of discrepancies in the amount bid,unit prices shall govern over extended amounts, and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. The undersigned bidder agrees that, if awarded the Contract, bidder will complete all work according to the contract documents. Legal Business Name of Bidder FM Ii i7G ��Ac. Cl .J„Jt— j t V.i enr,-',— Business Address I—)c`7v )v) ).lcv, lir C;. O,2y�&�c CIS- 9Lb6S Business Tel.No. (,7 I LI} Le 3 5 - 8 3 c",)_ 1/411,2rt../.., „re, 1.44,1,41/)..-c_ 1/40 3 iqegag/i/L Signatu Date Title Signature Date Title (J Signature Date Title If bidder is an individual,name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint venturers or of fewer than all of the partners/joint venturers if submitted with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided,followed by signatures of the corporation President or Vice President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners,joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners,joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. EXHIBIT C MATERIALS AND LABOR BONDS EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT (COMMERCIAL GENERAL LIABILITY) EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT (AUTOMOBILE LIABILITY) EXHIBIT D-3 ADDITIONAL INSURED ENDORSEMENT (NOTE: Exhibits will not be included with the contract at the time of award. The Contractor shall have 10 working days to submit all exhibits to the City after the award of contract. Failure to do so will result in voiding of the contract. The City will then have the right to cash the bid bond for the project and re- advertise for construction or award to the next lowest responsive bidder.) OP ID:JE AC-CM° CERTIFICATE OF LIABILITY INSURANCE I DAT 02/13DIYYYY) 02113/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone:714-221-5200 CONTACT Crosby Insurance, Inc PHONE FAX 8181 E.Kaiser Blvd Fax:714-221-5210 INC No Exit (NC,Not Anaheim Hills,CA 92808 E-MAIL Ken Welton,Jr. ADDRESS' PRODUCER EMPIR-K CUSTOMER ID#- INSURER(S)AFFORDING COVERAGE NAIC p INSURED EMPIRE PIPE CLEANING AND INSURER A:Peerless Insurance Company _18333 EQUIPMENTINC. INSURER B:Peerless Insurance Company 18333 P.O. Box 8035 Anaheim,CA 92812 INSURER C:Great American Ins Co. 16691 INSURER o:Cypress Insurance Company 10855 INSURER E: • INSURER F' COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADOLSUBR POLICY EFF POLICY EXP ITR TYPE OF INSURANCE ,NCR won POLICY NUMBER IMMIDDIYYYYI IMM/DD/YYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILRY X CBP8909530 04/01/12 04/01/13 DAMAGE (EaoccED 100,000 PREMISES(Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Anyone person) $ 5,000 X $1,000 Ded PERSONAL SADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMP APPLES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY PRO- JECT LOC Emp Ben. $ 1,000,000 AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT $ 1,000,000 04/01/12 04/01/13 (Ea accident) B X ANY AUTO BA8909730 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) $ NON-OWNED AUTOS $ X Comp/Coll $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 C - SBE025743700 04/01/12 04/01/13 DEDUCTIBLE $ — X RETENTION $ $ WORKERS COMPENSATION X WCSTATU- 0TH- ANDEMPLOYERS'LIABILITY TORY LIMPS ER YIN D ANY PROPRIETOR/PARTNER/EXECUTIVE 3300056774121 04/01/12 04/01/13 E.L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED, © NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTOR OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Bus Personal Prop CBP8909530 04/01/12 04/01/13 Limits 82,400 Ded 500 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is requited) 10 days will be given for non payment of premium City of Seal Beach, its elected officials, officers, employoees, servants, designated volunteers, and agents serving as independent contractors in the role of City Officials are named as additional insured. Primary wording applies. CERTIFICATE HOLDER CANCELLATION CITYOSE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Seal Beach ACCORDANCE WITH THE POLICY PROVISIONS. City Manager 211 8th Street AUTHORIZED REPRESENTATIVE Seal Beach, CA 90740 eCS f _ ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD • • Forming a part of Policy Number: CBP8909530 Coverage Is Provided in PEERLESS INSURANCE COMPANY•A STOCK COMPANY Named Insured: Agent: EMPIRE PIPE CLEANING& CROSBY INSURANCE INC EQUIPMENT Agent Code: 4295683 Agent Phone: (714)-221-5200 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section II —Who Is An Insured Is amended to Include as an additional Insured the person(s) or organization(s) shown in the Schedule,but only with respell to liability for'bodily injury or'property damage'caused, in whole or in part, by'your work'at the location designated and described In the schedule of this endorsement performed for that additional Insured and induded In the'products-completed operations hazard'. SCHEDULE Name Of Additional Insured Person(s)Or OrganizatIon(s): PER CG2010(07104) Location And Description Of Completed Operations: "ANY LOCATION AT WHICH YOU PERFORM WORK DESCRIBED IN WRITING IN THE CONTRACT, AGREEMENT OR PERMIT FOR A PERSON OR ORGANIZATION THAT HAS BEEN QUALIFIED AS AN ADDITIONAL INSURED UNDER THE TERMS OF THIS ENDORSEMENT". Information required to complete this Schedule,If not shown above,will be shown in the Declarations. 0150 Properties,Inc..2004 CO 20 37(07104) INSURED COPY 0/107/2008 8011288 NEU8XRCe0504 PODh0600 J05709 OCAOPPN 00004731 Page 88 Forming a part of Policy Number: CBP8909530 Coverage Is Provided In PEERLESS INSURANCE COMPANY-A STOCK COMPANY Named Insured: Agent: EMPIRE PIPE CLEANING 8 CROSBY INSURANCE INC EQUIPMENT Agent Code: 4295683 Agent Phone: (714)-221-5200 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organization(s): "ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT, AGREEMENT OR PERMIT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY TO PROVIDE INSURANCE SUCH AS IS AFFORDED UNDER THIS COVERAGE PART'. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional Insured the person(s) or organization(s)shown In the Schedule,but only with respect to liability for"bodily Injuy,"property damage"or "personal and advertising injury"caused,in whole or in part,by: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf: in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This Insurance does not apply to"bodily injury"or"property damage"occurring after 1. All work, Including materials, parts or equipment furnished in connection with such work, on the project (other than service,maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or 2. That portion of your work'out of which the injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. 0 ISO Properties.Inc..2004 CG 2010 07 04 Page 1 of 1 047/1008 8011788 NEUSXRCW504 PGDMOBOD J06703 OCAOPPN 00004727 Peas 81 Policy Number: CBP8909530 Empire Pipe Cleaning and Equipment, Inc. • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL LIABILITY GOLD ENDORSEMENT - CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I—COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions Item 2.g. 2) is replaced with the following: 2.g. 2) a watercraft you do not own that is: a) less than 50 feet long; and b) Not being used to carry persons or property for a charge. Item 2.g. 6) is added: 6) An aircraft in which you have no ownership interest and that you have chartered with crew. The last paragraph of 2. Exclusions is replaced with the following: Exclusions c. through n. do not apply to damage by fire, explosion, sprinkler leakage, or lightning to premises while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner. A separate limit of insurance applies to this coverage as described in Section III—Limits of Insurance. SECTION I—COVERAGES COVERAGE C. MEDICAL PAYMENTS If Medical Payments Coverage is provided under this policy,the following is changed: 3. Limits The medical expense limit provided by this policy shall be the greater of: a. $10,000; or b. The amount shown in the declarations. Coverage C. Medical Payments is primary and not contributing with any other insurance, even if that other insurance is also primary. The following is added: COVERAGE D. PRODUCT RECALL NOTIFICATION EXPENSES Insuring Agreement We will pay "product recall notification expenses" incurred by you for the withdrawal of your products, provided that: a. Such withdrawal is required because of a determination by you during the policy period, that the use or consumption of your products could result in"bodily injury"or"property damage"; and b. The"product recall notification expenses" are incurred and reported to us during the policy period. The most we will pay for"product recall notification expenses"during the policy period is$100,000. SUPPLEMENTARY PAYMENTS—COVERAGES A AND B Item b. and d. are replaced with: b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit" including actual loss of earnings up to$500 a day because of time off from work. Includes copyrighted material of Insurance Services Offices Inc.,with its permission. GECG 970(01/11) Page 1 of4 • SECTION II—WHO IS AN INSURED Item 4. is replaced with: 4. Any subsidiaries, companies, corporations, firms, or organizations you acquire or form during the policy period over which you maintain a controlling interest of greater than 50% of the stock or assets, will qualify as a Named Insured if: a) you have the responsibility of placing insurance for such entity; and b) coverage for the entity is not otherwise more specifically provided; and c) the entity is incorporated or organized under the laws of the United States of America. However; coverage under this provision does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the entity, or"personal injury"or"advertising injury" arising out of an offense committed before you acquired or formed the entity. Coverage under this provision is afforded only until the end of the policy period, or the twelve (12) month anniversary of the policy inception date whichever is earlier. SECTION III—LIMITS OF INSURANCE Paragraph 2. is amended to include: The General Aggregate Limit of Insurance applies separately to each "location" owned by you, rented to you, or occupied by you with the permission of the owner. Paragraph 6. is replaced with the following: 6. Subject to 5. above,the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage"to premises while rented to you,temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, arising out of any one fire, explosion or sprinkler leakage incident. The Fire Damage Limit provided by this policy shall be the greater of: a. $500,000 or b. The amount shown in the Declarations. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS Item 2. a. is replaced with: 2. Duties In The Event of Occurrence, Offense, Claim or Suit a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the"occurrence",offense, claim, or"suit". Knowledge of an "occurrence",offense, claim or"suit" by other employee(s) does not imply you also have such knowledge. To the extent possible, notice to us should include: 1) How, when and where the"occurrence"or offense took place; 2) The names and addresses of any injured persons and witnesses; and 3) The nature and location of any injury or damage arising out of the "occurrence", offense, claim or "suit". Item 4. b. 1) b) is replaced with: b. Excess Insurance 1) b) That is Fire, Explosion or Sprinkler Leakage insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner;or Item 6. is amended to include: 6. Representations d. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. Includes copyrighted material of Insurance Services Offices Inc.,with its permission. GECG 970 (01111) Page 2 of4 Item 8. is replaced with: eE iris° im ppir itF t n u.' 8. Transfer of Rights Of Recovery{Against Ofhers To Us t aili I ,",,'f iis, ii t i Itii = t: mil T PR9£fi Sgt ............' i:::1 t t r�z i inssuuredi nghttss to,=recover all or part of any payment'we made underOpCoverage Part L x those rights are transferredato us i-The insured must do4notthing after loss"tto impair themil'At our request s the in used bnng suit or transfer those rights to rus and=helpMenforce them & ,! a lI , E 1 v a' ,i iiiq:' n ii" i „ t Iti.$ Ealat;:iiiia'f' , taw x eta thilisil t:10it'if,it t �i`drt i ti"n ,t u:11 ragl'y. i required B insured contract we walveµany right Otri,rqa9PverSc.we may have against iw 3k' i,t,p3errson or organizatio be ause•of payments we,make for injury;or damage arising • of,yourrongoing; n; �, .operations or your work, done under that written z msur-. contract • that person .5—I. organization and) it++ f fiati+lo st #{,a t , , ;?( t t ' irk« ��cc�p„� Included ,productscompleted operaUOn`s hazard �� � _�' ' ppy� • �- 'ti?„: t.....i_.^ E _ .a6k i 6 kdit n. . irio a..(=i ( , .. l ,:.•. < Item10'and'Item113'areaddetlsA �s='"'..'�,�? '��?! . , .. . =. i, 4„>,rip ..........s�.,.a�; ,__ , fk�� .�..� `�. 10. Cancellation Condition If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice of cancellation to the first Named Insured at least 60 days prior to the effective date of cancellation. 11. Liberalization If we adopt a change in our forms or rules which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. SECTION V—DEFINITIONS The following definitions are added or changed: 9. "Insured contract” a. Is changed to: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, explosion or sprinkler leakage to premises while rented to you, or temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner is not an "insured contract". 23. and 24. are added: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 24. "Product recall notification expenses" means the reasonable additional expenses (including, but not limited to, cost of correspondence, newspaper and magazine advertising, radio or television announcements and transportation cost), necessarily incurred in arranging for the return of products, but excluding costs of the replacement products and the cash value of the damaged products. The following Provisions am also added to this Coverage Part: A. ADDITIONAL INSUREDS—BY CONTRACT,AGREEMENT OR PERMIT 1. Paragraph 2. under SECTION II — WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Part. Such person or organization is not entitled to any notices that we are required to send to the Named Insured and is an additional insured only with respect to liability arising out of: a. Your ongoing operations performed for that person or organization; or b. Premises or facilities owned or used by you. With respect to provision 1.a. above, a person's or organization's status as an insured under this endorsement ends when your operations for that person or organization are completed. With respect to provision 1.b. above, a person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends. Includes copyrighted material of Insurance Services Offices inc.,with its permission. GECG 970(01/11) Page 3 of 2. This endorsement provision A. does not apply: a. Unless the written contract or agreement has been executed, or permit has been issued, prior to the "bodily injury", "property damage"or"personal and advertising injury"; b. To "bodily injury"or"property damage"occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, in the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; c. To the rendering of or failure to render any professional services including, but not limited to, any professional architectural, engineering or surveying services such as: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; d. To "bodily injury", "property damage" or"personal and advertising injury" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing; e. To any person or organization specifically designated an additional insured for ongoing operations by . a separate ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS endorsement ' issued by us and made a part of this policy S w z,t tk»ax�„ I ^'y ILI ";:::::::::2-'--i.."'"'''“NSION m r iii,' d ii , ,Iiigivuu3 li NON CONTRIBUTORY ADDITIONAL INSURED XTENSION, m f yy f ,,r, amended?. 011ther I urance • 'SECTION i.CO'MMERCIAI GENET t ILIT 3. i '' p RAL LIABILITYSCONDITIONS t. l. '. ., .... a ,.C' 4 oS x _ {„ � _ alu= 9 I i;rrci is a a Therfollowing added to paragraph�P I Ls• i3�-� „��,%, yl ip a's.. s ,�^ € `uYa mmitigtig.( additional insured s policy( an Other Insurance provcion makiinng''its policy an. you : , agreed in aaa written construction contract to provide the ad�dtronnal insured.;coverage.. a primary •:mikiiiil noncontributory i basis this�,policyfshall . primary aria=we wil of seek_ contribution from the aditional, . E,ii Insured sspolicy for damages Grover 1 h,i°idlli tr , pl ,,, i ail,lrs If l ll I'"= § r , ry ,1. •ir,e c ° li.0 ii i ire i sm. w a r o x c .-'lt •: purposes of�this endorsement, construction contra 3meannss?a ,wntten. contract orl ,' . agreemeit other than a premises€lease .facilities rental contractor agreement an:equipment"rental . i n S , c am mttx m v lease agreement or a permit issued by i a state county municipality or other governmental authority =i,? " f"`33 ° ,a _l �`{ ,u a- 11j I, > g i4i} F3.'ttf iiigil_i I = ,,,The following ••-• to paragraph b Excess Insurance ry;4 ;,l l; __;,yr ,� �-r.£ ;<st sT g'�,�Y'u t t k. a i II.�". 5, ,.,l a I "xj'' ,, a. & id x Ir d°. Except as specified�in paragraph aboovueany other insurance inwhictua party • an additional nsur €,,f ,msured hereunder is tleit ignated - Named Insured ii, ii1iii i ii iiii( € fl f {z , ri Regardless of the terms of any written agreement between you and an additional Insured this insurance," excess over any other insurance whether primary excess contmgen f■ • • other basis',for xv n , x adr»io ' i i, o �( it the addfional insured has been added as'an additional Insured ' Nhil s. .._llig.014:4 #a: `,.nS:31Z oqi . ,fsn:; 3 as� i:iiim k t :#1:E gin y }f .A nigglig 'iq 4 Aft. Includes copyrighted material of Insurance Services Offices Inc.,with its permission. GECG 970(01/11) Page 4 of4 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II-LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture,over which you maintain ownership or a majority interest On the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization;or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto"you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto"by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a)an expressed provision of an "insured contract", or written agreement; or (b) an expressed condition of a written permit issued to you by a govemmental or public authority. (2) The"bodily injury"or"property damage"is caused by an "accident"which takes place after (a)You executed the"insured contract"or written agreement; or (b)the permit has been issued to you. GECA 701(01/07) Includes copyrighted material of Insurance Services Offices,Inc.with its permission Page 1 of 4 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs(2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident"we cover. We do not have to fumish these bonds. (4)All reasonable expenses incurred by the"Insured"at our request, including actual loss of earning up to$500 a day because of time off from work. SECTION III-PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto"for each of your physical damage coverages. b. The most we will pay for"loss"in any one"accident"is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the"loss";or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the "accident",we will also pay up to $500 per"accident"for the actual loss of use to the owner of the covered"auto". c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss"caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto"that you hire with a driver. 6. Rental Reimbursement Coverage We will pay up to$75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered"auto". GECA 701(01/07) Includes copyrighted material of Insurance Services Offices,Inc.with its permission Page 2 of 4 If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4.Coverage Extension. 7. Lease Gap Coverage If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured - Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any • difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance"of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments;additional mileage charges; excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for"loss"to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. c.Any electronic equipment that receives or transmits audio,visual or data signals. Exclusion 4.c does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the"loss"and such equipment is designed to be solely operated by use of the power from the"auto's"electrical system, in or upon the covered"auto";or (2)Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto"or the monitoring of the covered "auto's"operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. GECA 701(01/07) Includes copyrighted material of Insurance Services Offices,Inc.with its permission Page 3 of 4 SECTION IV. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b.are replaced with: 2. Duties In The Event of Accident,Claim,Suit,or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident, claim, "suit", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How,when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered "auto"pursuant to the provisions of the"insured contract",written agreement, or permit. B. GENERAL CONDITIONS 9. is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. GECA 701(01/07) Includes copyrighted material of Insurance Services Offices,Inc.with its pemtission Page 4 of 4 ......t\ ti SEA( psi F9; a= C + 1* io's .ter �4,e'F gA27 �tiP01 0%P•' AMENDMENT NO. 2 TO THAT CERTAIN AGREEMENT DATED JULY 23, 2007 BETWEEN THE CITY OF SEAL BEACH AND ENERGY TUBULARS, INC. This Amendment No. 2, dated December 9, 2013, amends that certain agreement, as previously amended, ("Agreement") between the City of Seal Beach, a California charter city ("City") and Energy Tubulars, Inc., a California Corporation ("ETI"). RECITALS A. City and ETI are parties to the Agreement, pursuant to which City provides contingent financial assistance to ETI, and ETI maintains its business in the City. B. The parties have previously extended the operation term until December 31, 2013. City and ETI have wished to further amend the Agreement to extend its operating term as provided herein. AMENDMENT NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, the Parties agree to amend the Agreement as follows: Section 1. Section 1.2 of Article 1 (Definitions) of the Agreement is hereby amended to extend the operating term as follows: "1.2 "Operating Term": the period commencing on the date ETI renews its lease for the Site but in no event later than October 1, 2007 and terminating on March 31, 2014". Section 2. All other terms and provisions of the Agreement shall have full force and effect. Page 1 IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed and attested by their proper officers thereunto. CITY OF SEAL BEACH ETI ---- ei,A . lijd i 1 Alf- ''' -4 fflero / GT'. Ingram, City M17,ger Robert Braly, President ATTEST: r ALin a Devine, City Clerk APPROVED AS TO FORM: uinn M. Barrow, City Attorney Page 2