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98.06-28-2017 Board Meeting Item 18 Attachments ONLINE.pdf
PART A CONTRACT AGREEMENT C-CA-011317 TABLE OF CONTENTS CONTRACT AGREEMENT SECTION - 1 GENERAL CONDITIONS..................................................................1 SECTION -2 MATERIALS AND LABOR.................................................................4 SECTION -3 PROJECT..........................................................................................5 SECTION -4 PLANS AND SPECIFICATONS ........................................................5 SECTION -5 TIME OF COMMENCEMENT AND COMPLETION ..........................5 SECTION -6 TIME IS OF THE ESSENCE .............................................................6 SECTION -7 EXCUSABLE DELAYS......................................................................6 SECTION -8 EXTRA WORK...................................................................................7 SECTION -9 CHANGES IN PROJECT...................................................................7 SECTION - 10 LIQUIDATED DAMAGES FOR DELAY.............................................8 SECTION - 11 CONTRACT PRICE AND METHOD OF PAYMENT.........................8 SECTION - 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS ............................................................................................10 SECTION - 13 COMPLETION.................................................................................10 SECTION - 14 CONTRACTOR'S EMPLOYEES COMPENSATION.......................10 SECTION - 15 SURETY BONDS ............................................................................13 SECTION - 16 INSURANCE....................................................................................13 SECTION - 17 RISK AND INDEMNIFICATION.......................................................21 SECTION - 18 TERMINATION................................................................................22 SECTION - 19 WARRANTY....................................................................................22 SECTION -20 ASSIGNMENT.................................................................................23 SECTION -21 RESOLUTION OF DISPUTES ........................................................23 SECTION -22 SAFETY& HEALTH ........................................................................23 SECTION -23 NOTICES.........................................................................................24 C-CA-011317 CONTRACT AGREEMENT ORANGE COUNTY SANITATION DISTRICT CONTRACT NO. J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Part of PROJECT NO. J-117, OCEAN OUTFALL SYSTEM REHABILITATION THIS AGREEMENT is made and entered into, to be effective, this June 28, 2017, by and between Shimmick Construction Company, Inc., hereinafter referred to as "CONTRACTOR" and the Orange County Sanitation District, hereinafter referred to as "OCSD". WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, OCSD and CONTRACTOR agree as follows: SECTION-1 GENERAL CONDITIONS CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the Work is to be performed have been thoroughly reviewed, and enters into this Contract based upon CONTRACTOR's investigation of all such matters and is in no way relying upon any opinions or representations of OCSD. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents are each incorporated into this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the Work covered by this Contract. C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 1 of 25 A. Contract Documents Order of Precedence "Contract Documents" refers to those documents identified in the definition of"Contract Documents" in the General Conditions—Definitions. 1. In the event of a conflict between one Contract Document and any of the other Contract Documents, the provisions in the document highest in precedence shall be controlling. The order of precedence of the Contract Documents is as follows: a. Supplemental Agreements—the last in time being the first in precedence b. Addenda issued prior to opening of Bids—the last in time being the first in precedence c. Contract Agreement d. Permits and other regulatory requirements e. Special Provisions f. General Conditions (GC) g. Notice Inviting Bids and Instruction to Bidders h. Geotechnical Baseline Report (GBR), if attached as a Contract Document I. Plans and Specifications—in these documents the order of precedence shall be: i. Specifications (Divisions 01-17) ii. Plans H. General Requirements (GR) iv. Standard Drawings and Typical Details j. CONTRACTOR's Bid 2. In the event of a conflict between terms within an individual Contract Document, the conflict shall be resolved by applying the following principles as appears applicable: a. Figured dimensions on the Contract Documents shall govern. Dimensions not specified shall be as directed by the ENGINEER. Details not shown or C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 2 of 25 specified shall be the same as similar parts that are shown or specified, or as directed. Full-size details shall take precedence over scale Drawings as to shape and details of construction. Specifications shall govern as to material and workmanship. b. The Contract Documents calling for the higher quality material or workmanship shall prevail. Materials or Work described in words, which so applied, have a well known technical or trade meaning shall be deemed to refer to such recognized standards. In the event of any discrepancy between any Drawings and the figures thereon, the figures shall be taken as correct. C. Scale Drawings, full-size details, and Specifications are intended to be fully complementary and to agree. Should any discrepancy between Contract Documents come to the CONTRACTOR's attention, or should an error occur in the efforts of others, which affect the Work, the CONTRACTOR shall notify the ENGINEER, in writing, at once. In the event any doubts or questions arise with respect to the true meaning of the Contract Documents, reference shall be made to the ENGINEER whose written decision shall be final. If the CONTRACTOR proceeds with the Work affected without written instructions from the ENGINEER, the CONTRACTOR shall be fully responsible for any resultant damage or defect. d. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to OCSD's ENGINEER, without whose decision CONTRACTOR shall not adjust said C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 3 of 25 discrepancy save only at CONTRACTOR's own risk and expense. The decision of the ENGINEER shall be final. In all matters relating to the acceptability of material, machinery or plant equipment; classifications of material or Work; the proper execution, progress or sequence of the Work; and quantities interpretation of the Contract Documents, the decision of the ENGINEER shall be final and binding, and shall be a condition precedent to any payment under the Contract, unless otherwise ordered by the Board of Directors. B. Definitions Capitalized terms used in this Contract are defined in the General Conditions, Definitions. Additional terms may be defined in the Special Provisions. SECTION—2 MATERIALS AND LABOR CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at CONTRACTOR'S own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by OCSD, to construct and complete the Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or materials when due, OCSD may settle such claims by making demand upon the Surety to this Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may settle them directly and deduct the amount of payments from the Contract Price and any amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 4 of 25 SECTION-3 PROJECT The Project is described as: CONTRACT NO. J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Part of PROJECT NO. J-117, OCEAN OUTFALL SYSTEM REHABILITATION SECTION-4 PLANS AND SPECIFICATONS The Work to be done is shown in a set of Plans and Specifications entitled: CONTRACT NO. J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Part of PROJECT NO. J-117, OCEAN OUTFALL SYSTEM REHABILITATION Said Plans and Specifications and any revision, amendments and addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. SECTION—5 TIME OF COMMENCEMENT AND COMPLETION CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth in the "Notice to Proceed"sent by OCSD, unless otherwise specified therein and shall diligently prosecute the Work to completion within 730 calendar days from the date of the "Notice to Proceed" issued by OCSD, excluding delays caused or authorized by OCSD as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions. The time for completion includes Twenty-One (21)calendar days determined by OCSD likely to be inclement weather when CONTRACTOR will be unable to work. In addition, CONTRACTOR shall accomplish such milestones within the periods of performance set forth in Appendix A of the Special Provisions entitled 'Work Completion Schedule." C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 5 of 25 SECTION—6 TIME IS OF THE ESSENCE Time is of the essence of this Contract. As required by the Contract Documents, CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of CONTRACTOR's Work in conformance with an approved construction progress schedule. CONTRACTOR shall coordinate the Work covered by this Contract with that of all other contractors, subcontractors and of OCSD, in a manner that will facilitate the efficient completion of the entire Work and accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with Section 5 herein. OCSD shall have the right to assert complete control of the premises on which the Work is to be performed and shall have the right to decide the time or order in which the various portions of the Work shall be installed or the priority of the work of subcontractors, and, in general, all matters representing the timely and orderly conduct of the Work of CONTRACTOR on the premises. SECTION—7 EXCUSABLE DELAYS CONTRACTOR shall only be excused for any delay in the prosecution or completion of the Project as specifically provided in General Conditions, "Extensions for Delay", and the General Requirements, "By CONTRACTOR or Others—Unknown Utilities during Contract Work". Extensions of time and extra compensation arising from such excusable delays will be determined in accordance with the General Conditions, "Extension of Time for Delay" and "Contract Price Adjustments and Payments", and extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with General Requirements, "By CONTRACTOR or Others— Unknown Utilities during Contract Work". OCSD's decision will be conclusive on all parties to this Contract. C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 6 of 25 SECTION-8 EXTRA WORK The Contract Price as set forth in Section 11, includes compensation for all Work performed by CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated representative of OCSD specifying the exact nature of the Extra Work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof and the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)", "OWNER Initiated Changes", and "Contract Price Adjustments and Payments". In the event a Change Order is issued by OCSD pursuant to the Contract Documents, OCSD shall extend the time fixed in Section 5 for completion of the Project by the number of days, if any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by OCSD's ENGINEER. The decision of the ENGINEER shall be final. SECTION-9 CHANGES IN PROJECT OCSD may at any time, without notice to any Surety, by Change Order, make any changes in the Work within the general scope of the Contract Document, including but not limited to changes: 1. In the Specifications (including Drawings and designs); 2. In the time, method or manner of performance of the Work; 3. In OCSD-furnished facilities, equipment, materials, services or site; or 4. Directing acceleration in the performance of the Work. No change of period of performance or Contract Price, or any other change in the Contract Documents, shall be binding until the Contract is modified by a fully executed Change Order. All Change Orders shall be issued in accordance with the requirements set forth in the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and "OWNER Initiated Changes". C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 7 of 25 SECTION-10 LIQUIDATED DAMAGES FOR DELAY Liquidated Damages shall be payable in the amounts and upon the occurrence of such events or failure to meet such requirements or deadlines as provided in the Special Provisions, "Liquidated Damages and Incentives." SECTION—11 CONTRACT PRICE AND METHOD OF PAYMENT A. OCSD agrees to pay and the CONTRACTOR agrees to accept as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in approved Change Orders, the sum of Twelve Millions Six Hundred Nine Thousand Twelve Dollars ($12,609,012)as itemized on the Attached Exhibit"A". Upon satisfaction of the conditions precedent to payment set forth in the General Requirements, Additional General Requirements and General Conditions (including but not limited to Sections entitled "Mobilization Payment Requirements" and "Payment Itemized Breakdown of Contract Lump Sum Prices"), there shall be paid to the CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the commencement of the job a schedule which shows: 1. A minimum of one payment to be made to the CONTRACTOR for each successive four(4)week period as the Work progresses, and 2. The due dates for the CONTRACTOR to submit requests for payment to meet the payment schedule. After the initial Net Progress Payment, and provided the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule, the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly payment date set forth in the schedule. C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 8 of 25 Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the ENGINEER, stating that the Work for which payment is demanded has been performed in accordance with the terms of the Contract Documents, and that the amount stated in the certificate is due under the terms of the Contract. Payment applications shall also be accompanied with all documentation, records, and releases as required by the Contract, Exhibit A, Schedule of Prices, and General Conditions, "Payment for Work—General". The Total amount of Progress Payments shall not exceed the actual value of the Work completed as certified by OCSD's ENGINEER. The processing of payments shall not be considered as an acceptance of any part of the Work. B. As used in this Section, the following defined terms shall have the following meanings: 1. "Net Progress Payment" means a sum equal to the Progress Payment less the Retention Amount and other qualified deductions (Liquidated Damages, stop payment notices, etc.). 2. "Progress Payment" means a sum equal to: a. the value of the actual Work completed since the commencement of the Work as determined by OCSD; b. plus the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of OCSD since the commencement of the Work as determined by OCSD; C. less all previous Net Progress Payments; d. less all amounts of previously qualified deductions; e. less all amounts previously retained as Retention Amounts. 3. "Retention Amount"for each Progress Payment means the percentage of each Progress Payment to be retained by OCSD to assure satisfactory completion of the C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 9 of 25 Contract. The amount to be retained from each Progress Payment shall be determined as provided in the General Conditions—"Retained Funds; Substitution of Securities." SECTION—12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS Pursuant to Public Contract Code Section 22300 at seq., the CONTRACTOR may, at its sole expense, substitute securities as provided in General Conditions—"Retained Funds; Substitution of Securities." SECTION- 13 COMPLETION Final Completion and Final Acceptance shall occur at the time and in the manner specified in the General Conditions, "Final Acceptance and Final Completion", "Final Payment" and Exhibit A- Schedule of Prices. Upon receipt of all documentation, records, and releases as required by the Contract from the CONTRACTOR, OCSD shall proceed with the Final Acceptance as specified in General Conditions. SECTION-14 CONTRACTOR'S EMPLOYEES COMPENSATION A. Davis-Bacon Act: CONTRACTOR will pay and will require all Subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 10 of 25 complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailina Rate: OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime Work in the locality in which the Work is to be performed for each craft or type of Work needed to execute this Contract, and copies of the same are on file in the Office of the ENGINEER of OCSD. The CONTRACTOR agrees that not less than said prevailing rates shall be paid to workers employed on this public works Contract as required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of per diem wages at its principal office and at each job site, which shall be made available to any interested party upon request. C. Forfeiture for Violation: CONTRACTOR shall, as a penalty to OCSD, forfeit Two Hundred Dollars ($200.00)for each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or any Subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the Work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Apprentices: Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this Contract and the CONTRACTOR shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more. C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 11 of 25 E. Workday: In the performance of this Contract, not more than eight(8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 at seq.)of the Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of Twenty-five Dollars ($25.00)for each worker employed in the execution of this Contract by CONTRACTOR or any Subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. CONTRACTOR shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the Project. F. Registration: Record of Wages: Inspection: CONTRACTOR shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring by the California Department of Industrial Relations. CONTRACTOR shall maintain accurate payroll records and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. CONTRACTOR shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulations Section 16461(a). C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 12 of 25 SECTION-15 SURETYBONDS CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds approved by OCSD's General Counsel—one in the amount of one hundred percent(100%)of the Contract amount, to guarantee the faithful performance of the Work, and the other in the amount of one hundred percent (100%)of the Contract amount to guarantee payment of all claims for labor and materials furnished. As changes to the Contract occur via approved Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds are supplied to and approved by OCSD. Bonds must be issued by a Surety authorized by the State Insurance Commissioner to do business in California. The Performance Bond shall remain in full force and effect through the warranty period, as specified in Section 19 below. All Bonds required to be submitted relating to this Contract must comply with California Code of Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety insurer under penalty of perjury, or the fact of execution of each Bond shall be duly acknowledged before an officer authorized to take and certify acknowledgments, and either one of the following conditions shall be satisfied: A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by- laws, or other instrument, duly certified by the proper authority and attested by the seal of the insurer entitling or authorizing the person who executed the Bond to do so for and on behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or B. A copy of a valid power of attorney is attached to the Bond. SECTION— 16 INSURANCE CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against claims for injuries to persons, or damages to property which may arise from or in connection with the performance of the Work hereunder, and the results of that Work by CONTRACTOR, C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 13 of 25 its agents, representatives, employees, or Subcontractors, in amounts equal to the requirements set forth below. CONTRACTOR shall not commence Work under this Contract until all insurance required under this Section is obtained in a form acceptable to OCSD, nor shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all of the foregoing insurance coverages in force through the point at which the Work under this Contract is fully completed and accepted by OCSD pursuant to the provisions of the General Conditions, "Final Acceptance and Final Completion". Furthermore, CONTRACTOR shall maintain all of the foregoing insurance coverages in full force and effect throughout the warranty period, commencing on the date of Final Acceptance. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of OCSD by CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this Contract, inclusive of all changes to the Contract Documents made in accordance with the provisions of the General Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and/or"OWNER Initiated Changes", the following insurance in amounts not less than the amounts specified. OCSD reserves the right to amend the required limits of insurance commensurate with the CONTRACTOR's risk at any time during the course of the Project. No vehicles may enter OCSD oremises/worksite without possessing the required insurance coverage. CONTRACTOR's insurance shall also comply with all insurance requirements prescribed by agencies from whom permits shall be obtained for the Work and any other third parties from whom third party agreements are necessary to perform the Work (collectively, the "Third Parties"), The Special Provisions may list such requirements and sample forms and requirements from such Third Parties may be included in an attachment to the General C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 14 of 25 Requirements. CONTRACTOR bears the responsibility to discover and comply with all requirements of Third Parties, including meeting specific insurance requirements, that are necessary for the complete performance of the Work. To the extent there is a conflict between the Third Parties' insurance requirements and those set forth by OCSD herein, the requirement(s) providing the more protective coverage for both OSCD and the Third Parties shall control and be purchased and maintained by CONTRACTOR. A. Limits of Insurance 1. General Liability: Twelve Million Dollars ($12,000,000) per occurrence and a general aggregate limit of Twelve Million Dollars ($12,000,000)for bodily injury, personal injury and property damage. Coverage shall include each of the following: a. Premises-Operations. b. Products and Completed Operations, with limits of at least Twelve Million Dollars ($12,000,000) per occurrence and a general aggregate limit of Twelve Million Dollars ($12,000,000)which shall be in effect at all times during the warranty period set forth in the Warranty section herein, and as set forth in the General Conditions, "Warranty(CONTRACTOR's Guarantee)", plus any additional extension or continuation of time to said warranty period that may be required or authorized by said provisions. C. Broad Form Property Damage, expressly including damage arising out of explosion, collapse, or underground damage. d. Contractual Liability, expressly including the indemnity provisions assumed under this Contract. e. Separation of Insured Clause, providing that coverage applies separately to each insured, except with respect to the limits of liability. C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 15 of 25 f. Independent CONTRACTOR's Liability. To the extent first dollar coverage, including defense of any claim, is not available to OCSD or any other additional insured because of any SIR, deductible, or any other form of self insurance, CONTRACTOR is obligated to assume responsibility of insurer until the deductible, SIR or other condition of insurer assuming its defense and/or indemnity has been satisfied. CONTRACTOR shall be responsible to pay any deductible or SIR. g. If a crane will be used, the General Liability insurance will be endorsed to add Riggers Liability coverage or its equivalent to cover the usage of the crane and exposures with regard to the crane operators, riggers and others involved in using the crane. h. If divers will be used, the General Liability insurance will be endorsed to cover marine liability or its equivalent to cover the usage of divers. 2. Automobile Liability: The CONTRACTOR shall maintain a policy of Automobile Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Either(1)a combined single limit of Ten Million Dollars ($10,000,000) and a general aggregate limit of Ten Million Dollars ($10,000,000)for bodily injury, personal injury and property damage; Or alternatively, (2) Ten Million Dollars ($10,000,000) per person for bodily injury and Ten Million Dollars ($10,000,000) per accident for property damage. 3. Umbrella Excess Liability: The minimum limits of general liability and automobile liability insurance required, as set forth above, shall be provided for either in a single policy of primary insurance or a combination of policies of primary and umbrella C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 16 of 25 excess coverage. Excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automobile liability. 4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a form acceptable by OCSD. 5. Worker's Compensation/Emolover's Liability: CONTRACTOR shall provide such Worker's Compensation Insurance as required by the Labor Code of the State of California, including employer's liability with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage with regard to Jones Act claims. Where permitted by law, CONTRACTOR hereby waives all rights of recovery by subrogation because of deductible clauses, inadequacy of limits of any insurance policy, limitations or exclusions of coverage, or any other reason against OCSD, its or their officers, agents, or employees, and any other contractor or subcontractor performing Work or rendering services on behalf of OCSD in connection with the planning, development and construction of the Project. In all its insurance coverages related to the Work, CONTRACTOR shall include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against OCSD, its or their officers, agents, or employees, or any other contractor or subcontractor performing Work or rendering services at the Project. Where permitted by law, CONTRACTOR shall require similar written express waivers and insurance clauses from each of its Subcontractors of every tier. A waiver of subrogation shall be effective as to any C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 17 of 25 individual or entity, even if such individual or entity (a)would otherwise have a duty of indemnification, contractual or otherwise, (b)did not pay the insurance premium, directly or indirectly, and (c)whether or not such individual or entity has an insurable interest in the property damaged. 6. Limits are Minimums: If CONTRACTOR maintains higher limits than the minimums shown in this Section, OCSD requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. B. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by OCSD. At the option of OCSD, either: the Insurer shall reduce or eliminate such deductibles or self- insured retentions as respects OCSD, its Directors, officers, agents, CONSULTANTS, and employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OCSD guaranteeing payment of losses and related investigations, claim administration, and defense expenses. C. Other Insurance Provisions 1. Each such policy of General Liability Insurance and Automobile Liability Insurance shall be endorsed to contain, the following provisions: a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all public agencies from whom permits will be obtained, and their Directors, officers, agents, and employees are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of CONTRACTOR at or from any of the sites of OCSD in connection with this Contract, or acts and omissions of the additional insured in connection with its general supervision or inspection of said operations related to this Contract. C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 18 of 25 b. Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by OCSD shall be excess only and not contributing with insurance provided under this policy. 2. Each insurance policy required herein shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30) days prior written notice by certified mail, return receipt requested, and that coverage shall not be cancelled for non-payment of premium except after ten (10)days prior written notice by certified mail, return receipt requested. Should there be changes in coverage or an increase in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript endorsement from its insurer giving 30 days prior notice of such an event to OCSD, or to have its insurance broker/agent send to OCSD a certified letter describing the changes in coverage and any increase in deductible or SIR amounts. The certified letter must be sent Attention: Risk Management and shall be received not less than twenty (20)days prior to the effective date of the change(s). The letter must be signed by a Director or Officer of the broker/agent and must be on company letterhead, and may be sent via e-mail in pdf format. 3. Coverage shall not extend to any indemnity coverage for the active negligence of any additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Civil Code Section 2782(b). 4. If required by a public agency from whom permit(s)will be obtained, each policy of General Liability Insurance and Automobile Liability Insurance shall be endorsed to specify by name the public agency and its legislative members, officers, agents, CONSULTANTS, and employees, to be additional insureds. C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 19 of 25 D. Acceptability of Insurers Insurers must have an "A-", or better, Policyholder's Rating, and a Financial Rating of at least Class Vill, or better, in accordance with the most current A.M. Best Rating Guide. OCSD recognizes that State Compensation Insurance Fund has withdrawn from participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept State Compensation Insurance Fund for the required policy of workers compensation insurance, subject to OCSD's option, at any time during the term of this Contract, to require a change in insurer upon twenty (20)days written notice. Further, OCSD will require CONTRACTOR to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20)days of written notice to CONTRACTOR by OCSD or its agent. E. Verification of Coverage CONTRACTOR shall furnish OCSD with original certificates and mandatory endorsements affecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by OCSD before Work commences. OCSD reserves the right to require complete, certified copies of all required insurance policies, including endorsements, affecting the coverage required by these Specifications at any time. F. Subcontractors CONTRACTOR shall be responsible to establish insurance requirements for any Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subcontractor's operations and work. OCSD and any public agency issuing permits for the Project must be named as "Additional Insured"on any General Liability or Automobile Liability policy obtained by a Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 20 of 25 all Subcontractors' policies, Certificate of Liability and mandatory endorsements effecting coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced required documents. G. Required Forms and Endorsements 1. Required ACORD Form a. Certificate of Liability Form 25 2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are shown, they are listed in order of preference) In the event any of the following forms are cancelled by Insurance Services Office, Inc. (ISO), or are updated, the ISO replacement form or equivalent must be supplied. a. Commercial General Liability Form CG-0001 10 01 b. Additional Insured Including Form CG-2010 10 01 and Products-Completed Operations Form CG-2037 10 01 C. Waiver of Transfer of Rights of Form CG-2404 11 85; or Recovery Against Others to Us/ Form CG-2404 10 93 Waiver of Subrogation 3. Required State Compensation Insurance Fund Endorsements a. Waiver of Subrogation Endorsement No. 2570 b. Cancellation Notice Endorsement No. 2065 4. Additional Required Endorsements a. Notice of Policy Termination Manuscript Endorsement SECTION-17 RISK AND INDEMNIFICATION All Work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save, indemnify, defend, and keep OCSD and others harmless as more specifically set forth in General Conditions, "General Indemnification". C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 21 of 25 SECTION-18 TERMINATION This Contract may be terminated in whole or in part in writing by OCSD in the event of substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may be terminated by OCSD for its convenience provided that such termination is effectuated in a manner and upon such conditions set forth more particularly in General Conditions, "Termination for Default" and/or"Termination for Convenience", provided that no termination may be effected unless proper notice is provided to CONTRACTOR at the time and in the manner provided in said General Conditions. If termination for default or convenience is effected by OCSD, an equitable adjustment in the price provided for in this Contract shall be made at the time and in the manner provided in the General Conditions, "Termination for Default" and "Termination for Convenience". SECTION—19 WARRANTY The CONTRACTOR agrees to perform all Work under this Contract in accordance with the Contract Documents, including OCSD's designs, Drawings and Specifications. The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final Acceptance of the Work, pursuant to the General Conditions, "Final Acceptance and Final Completion" that the completed Work is free from all defects due to faulty materials, equipment or workmanship and that it shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs, corrections or other work made necessary by such defects, OCSD may do so and charge the CONTRACTOR the cost incurred. The CONTRACTOR's warranty shall continue as to any corrected deficiency until the later of(1)the remainder of the original one-year warranty period; C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 22 of 25 or(2)one year after acceptance by OCSD of the corrected Work. The Performance Bond and the Payment Bond shall remain in full force and effect through the guarantee period. The CONTRACTOR's obligations under this clause are in addition to the CONTRACTOR's other express or implied assurances under this Contract, including but not limited to specific manufacturer or other extended warranties specified in the Plans and Specifications, or state law and in no way diminish any other rights that OCSD may have against the CONTRACTOR for faulty materials, equipment or Work. SECTION-20 ASSIGNMENT No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by OCSD unless such assignment has had prior written approval and consent of OCSD and the Surety. SECTION—21 RESOLUTION OF DISPUTES OCSD and the CONTRACTOR shall comply with the provisions of California Public Contract Code Section 20104 at. seq., regarding resolution of construction claims for any Claims which arise between the CONTRACTOR and OCSD, as well as all applicable dispute and Claims provisions as set forth in the General Conditions and as otherwise required by law. SECTION—22 SAFETY & HEALTH CONTRACTOR shall comply with all applicable safety and health requirements mandated by federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as well as these Contract Documents, including but not limited to the General Requirements, Section entitled "Safety" and Exhibit B OCSD Safety Standards. C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 23 of 25 SECTION-23 NOTICES Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. TO OCSD: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Clerk of the Board Copy to: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Construction Manager Bradley R. Hogin, Esquire Woodruff, Spradlin &Smart 555 Anton Boulevard Suite 1200 Costa Mesa, California 92626 TO CONTRACTOR: Shimmick Construction Company, Inc. 16481 Scientific Way Irvine, CA 92618 Copy to: Paul C. Camaur, President Shimmick Construction Company, Inc. 16481 Scientific Way Irvine, CA 92618 C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 24 of 25 IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the date first hereinabove written. CONTRACTOR: Shimmick Construction Company, Inc. 16481 Scientific Way Irvine, CA 92618 By Printed Name Its CONTRACTOR's State License No. 594575 (Expiration Date—05131/2018) OCSD: Orange County Sanitation District By Gregory C. Sebourn, PLS Chair, Board of Directors By Kelly A. Lore Clerk of the Board By Marc Dubois Contracts, Purchasing and Materials Management Manager C-CA-011317 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 25 of 25 EXHIBIT A SCHEDULE OF PRICES C-EXA-080414 TABLE OF CONTENTS EXHIBIT A SCHEDULE OF PRICES EXA-1 BASIS OF COMPENSATION ..............................................................................1 EXA-2 PROGRESS PAYMENTS....................................................................................1 EXA-3 RETENTION AND ESCROW ACCOUNTS .........................................................1 EXA-4 STOP PAYMENT NOTICE ..................................................................................3 EXA-5 PAYMENT TO SUBCONTRACTORS..................................................................3 EXA-6 PAYMENT OF TAXES.........................................................................................3 EXA-7 FINAL PAYMENT ................................................................................................4 EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT.....5 ATTACHMENT 1 CERTIFICATION FOR REQUEST FOR PAYMENT........................7 ATTACHMENT 2 SCHEDULE OF PRICES ...........................................................8 C-EXA-080414 EXHIBIT A SCHEDULE OF PRICES EXA-1 BASIS OF COMPENSATION CONTRACTOR will be paid the Contract Price according to the Schedule of Prices, and all other applicable terms and conditions of the Contract Documents. EXA-2 PROGRESS PAYMENTS Progress payments will be made in accordance with all applicable terms and conditions of the Contract Documents, including, but not limited to: 1. Contract Agreement—Section 11 —"Contract Price and Method of Payment;" 2. General Conditions—"Payment—General"; 3. General Conditions—"Payment—Applications for Paymenf'; 4. General Conditions—"Payment— Mobilization Payment Requirements;" 5. General Conditions—"Payment— Itemized Breakdown of Contract Lump Sum Prices"; 6. General Conditions—"Contract Price Adjustments and Payments"; 7. General Conditions—"Suspension of Payments"; 8. General Conditions—"OCSD's Right to Withhold Certain Amounts and Make Application Thereof"; and 9. General Conditions—"Final Payment." EXA-3 RETENTION AND ESCROW ACCOUNTS A. Retention: OCSD shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions— "Retained Funds; Substitution of Securities". In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents. C-EXA-080414 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 1 of 8 B. Substitution of Securities: CONTRACTOR may, at its sole expense, substitute securities as provided in General Conditions—"Retained Funds; Substitution of Securities' Payment of Escrow Agent: In lieu of substitution of securities as provided above, the CONTRACTOR may request and OCSD shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OCSD, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than twenty (20)calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code. C. Release of Retention: Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles: In addition to the retentions described above, OCSD may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment; 2. Deductions from previous progress payments already paid, due to OCSD's discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract; 3. Sums expended by OCSD in performing any of the CONTRACTOR'S obligations under the Contract that the CONTRACTOR has failed to perform, and; 4. Other sums that OCSD is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments. C-EXA-080414 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 2 of 8 The failure of OCSD to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OCSD's right to such sums or to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE In addition to other amounts properly withheld under this article or under other provisions of the Contract, OCSD shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%)of the amount claimed under any stop payment notice under Civil Code§9350 at. seq. or other lien filed against the CONTRACTOR for labor, materials, supplies, equipment, and any other thing of value claimed to have been furnished to and/or incorporated into the Work; or for any other alleged contribution thereto. In addition to the foregoing and in accordance with Civil Code §9358 OCSD may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR has resolved such claim by settlement. EXA-5 PAYMENT TO SUBCONTRACTORS Requirements 1. The CONTRACTOR shall pay all Subcontractors for and on account of Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be based on the measurements and estimates made pursuant to article progress payments provided herein. 2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7)days after CONTRACTOR'S receipt of said retention proceeds from OCSD as required by the California Public Contract Code§7107. EXA-6 PAYMENT OF TAXES Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The CONTRACTOR will maintain auditable records, subject to OCSD reviews, confirming that tax payments are current at all times. C-EXA-080414 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 3 of 8 EXA-7 FINAL PAYMENT After Final Acceptance of the Work, as more particularly set forth in the General Conditions, "Final Acceptance and Final Completion", and after Resolution of the Board authorizing final payment and satisfaction of the requirements as more particularly set forth in General Conditions—"Final Payment", a final payment will be made as follows: 1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an application for Final Payment to OCSD, including: a. The proposed total amount due the CONTRACTOR, segregated by items on the payment schedule, amendments, Change Orders, and other bases for payment; b. Deductions for prior progress payments; c. Amounts retained; d. A conditional waiver and release on final payment for each Subcontractor(per Civil Code Section 8136); e. A conditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8136); f. List of Claims the CONTRACTOR intends to file at that time or a statement that no Claims will be filed, g. List of pending unsettled claims, stating claimed amounts, and copies of any and all complaints and/or demands for arbitration received by the CONTRACTOR; and h. For each and every claim that resulted in litigation or arbitration which the CONTRACTOR has settled, a conformed copy of the Request for Dismissal with prejudice or other satisfactory evidence the arbitration is resolved. 2. The application for Final Payment shall include complete and legally effective releases or waivers of liens and stop payment notices satisfactory to OCSD, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OCSD's review of the application for Final Payment. Claims filed with the application for Final Payment must be otherwise timely under the Contract and applicable law. 3. Within a reasonable time, OCSD will review the CONTRACTOR'S application for Final Payment. Any recommended changes or corrections will then be forwarded to the CONTRACTOR. Within ten (10) calendar days after receipt of recommended changes from OCSD, the CONTRACTOR will make the changes, or list Claims that will be filed as a result of the changes, and shall submit the revised application for Final Payment. Upon C-EXA-080414 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 4 of 8 acceptance by OCSD, the revised application for Final Payment will become the approved application for Final Payment. 4. If no Claims have been filed with the initial or any revised application for Final Payment, and no Claims remain unsettled within thirty-five (35) calendar days after Final Acceptance of the Work by OCSD, and agreements are reached on all issues regarding the application for Final Payment, OCSD, in exchange for an executed release, satisfactory in form and substance to OCSD, will pay the entire sum found due on the approved application for Final Payment, including the amount, if any, allowed on settled Claims. 5. The release from the CONTRACTOR shall be from any and all Claims arising under the Contract, except for Claims that with the concurrence of OCSD are specifically reserved, and shall release and waive all unreserved Claims against OCSD and its officers, directors, employees and authorized representatives. The release shall be accompanied by a certification by the CONTRACTOR that: a. It has resolved all Subcontractors, Suppliers and other Claims that are related to the settled Claims included in the Final Payment; b. It has no reason to believe that any party has a valid claim against the CONTRACTOR or OCSD which has not been communicated in writing by the CONTRACTOR to OCSD as of the date of the certificate; c. All warranties are in full force and effect, and; d. The releases and the warranties shall survive Final Payment. 6. If any claims remain open, OCSD may make Final Payment subject to resolution of those claims. OCSD may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%) of the sum of the amounts of the open claims, and one hundred twenty-five percent (125%) of the amounts of open stop payment notices referred to in article entitled stop payment notices herein. 7. The CONTRACTOR shall provide an unconditional waiver and release on final payment from each Subcontractor and Supplier providing Work under the Contract(per Civil Code Section 8138) and an unconditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8138)within thirty (30)days of receipt of Final Payment. EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT Notwithstanding OCSD's acceptance of the application for Final Payment and irrespective of whether it is before or after Final Payment has been made, OCSD shall not be precluded from subsequently showing that: 1. The true and correct amount payable for the Work is different from that previously accepted; C-EXA-080414 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 5 of 8 2. The previously-accepted Work did not in fact conform to the Contract requirements, or; 3. A previous payment or portion thereof for Work was improperly made. OCSD also shall not be stopped from demanding and recovering damages from the CONTRACTOR, as appropriate, under any of the foregoing circumstances as permitted under the Contract or applicable law. C-EXA-080414 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 6 of 8 ATTACHMENT CERTIFICATION FOR REQUEST FOR PAYMENT I hereby certify under penalty of perjury as follows: That the claim for payment is in all respects true, correct; that the services mentioned herein were actually rendered and/or supplies delivered to OCSD in accordance with the Contract. I understand that it is a violation of both the federal and California False Claims Acts to knowingly present or cause to be presented to OCSD a false claim for payment or approval. A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in addition to any other remedies which OCSD may have either under contract or law. I hereby further certify, to the best of my knowledge and belief, that: 1. The amounts requested are only for performance in accordance with the Specifications, terms, and conditions of the Contract; 2. Payments to Subcontractors and Suppliers have been made from previous payments received under the Contract, and timely payments will be made from the proceeds of the payment covered by this certification; 3. This request for progress payments does not include any amounts which the prime CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in accordance with the terms and conditions of the subcontract; and 4. This certification is not to be construed as Final Acceptance of a Subcontractor's performance. Name Title Date C-EXA-080414 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 7 of 8 ATTACHMENT SCHEDULE OF PRICES See next page for Bid Submittal Forms (Shimmick Construction Company, Inc.) BF-14 Schedule of Prices, Page 1 - 3 C-EXA-080414 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION CONFORMED Page 8 of 8 Bid Submitted By: Shimmick Construction Company,Inc. (Name of Firm) BF-14 SCHEDULE OF PRICES INSTRUCTIONS A. General For Unit Prices, it is understood that the following quantities are approximate only and are solely for the purpose of estimating the comparison of Bids, and that the actual value of Work will be computed based upon the actual quantities in the completed Work,whether they be more or less than those shown. CONTRACTOR'S compensation for the Work under the Contract Documents will be computed based upon the lump sum amount of the Contract at time of award,plus any additional or deleted costs approved by OCSD via approved Change Orders, pursuant to the Contract Documents. Bidder shall separately price and accurately reflect costs associated with each line item, leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid. Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items,which, in summary, provides that the total price for each item shall be based on the Unit Price listed for each Rem multiplied by the quantity;and the correct Total Price for each item shall be totaled to determine the Total Amount of Bid. All applicable costs including overhead and profit shall be reflected in the respective unit costs and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work. including Profit overhead, etc., unless otherwise specified in the Contract Documents. All applicable sales taxes state and/or federal, and any other special taxes. Patent rights or royalties shall be included in the prices quoted in this Bid. B. Basis of Award AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST RESPONSIVE AND RESPONSIBLE BID. THE LOWEST BID IS DEFINED AS THE"TOTAL AMOUNT OF BID" LISTED IN THIS BID, UNLESS OTHERWISE SPECIFIED BELOW. Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment and services for the construction of the Project per the Contract Documents. All Work in the Contract Documents shall be included in Base Bid Items. Bidders shall accurately reflect the cost to perform the Work.OCSD may reject unbalanced Bids. Refer to Part 2—INSTRUCTIONS TO BIDDERS. SF-14 SCHEDULE OF PRICES C-BF-021115 Ali CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 1 of 3 Bid Submitted By: Shimmick Construction Company, Inc. (Name of Firm) EXHIBIT A SCHEDULE OF PRICES BASE BID ITEMS (Refer to Note 1 in the Instructions): Item OescdPtion Unit of Approx Unit Price Extended Price No. Measurement pry. 1. Mobilization as described in Division 01, Section 01155 and in conformance Lump Sum $ 700,000 with the Contract Documents for the lump sum price of... 2. Sheeting, Shoring,and Bracing as described in Division 01, Section 01155 Lump Sum $ Z pt oC0 vo and in conformance with the Contract Documents for the lump sum price of.... 7 3. Rehabilitate existing 84-inch diameter IPP as described in Division 01, Section 01155 and in conformance with the Contract Documents for the unit Linear Feet 3.100 x I, S 48.3`I = $ yr 8'0i'cA .OD price of... 4. Rehabilitate weld joints in existing 120-inch diameter IPP as described in I S 13•Ib _ Z jOs Division 01, Section 01155 and in conformance with the Contract Documents Joints 1,520 x r - $ t for the unit price of... 5. Additional Point Repair of existing 120-inch diameter IPP PVC Pipe Liner Square a as described in Division 01, Section 01155 and in conformance with the 300 x �, Ovo. oo = $ ]Joo, Doo, o Contract Documents for the unit price of... Feet 6. All other portions of the Work set forth in the Contract Documents except for the Work performed in Items No. 1 through 5 inclusive and Lump Sum $ W, ZI&I, Otto.0 0 Item No.7 as described in Division 01, Section 01155 and in conformance with the Contract Documents for the lump sum price of... BF-14 SCHEDULE OF PRICES C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 2 of 3 Bid Submitted By: Shirumick Contraction Company.Inc. (Name of Firm) EXHIBIT A SCHEDULE OF PRICES (continued) Irom Unit U Description Unit Price Extended Price No. Measurement of A cry.pry. 7. Wing wall concrete repair as described in Division 01, Section 01155 and in Square 200 x ��5. o o = $ 1151 0 ae- CIO conformance with the Contract Documents for the unit price of... Feet 8. Demobilization including completion of all items on final punch list,final cleanup and processing of final progress payment request, as described in Lump Sum $ 150,000 Division 01, Section 01155 and in conformance with the Contract Documents for a lump sum price of... 1Z ( to 6t�.Zo TOTAL AMOUNT OF BID (BASIS OF AWARD) $—T : ' z, r T r& '}'o IMPORTANT NOTICE TO BIDDERS: Bid Items No. 1 through No.8 will be used to determine the lowest, responsive, responsible Bidder. All Work in the Contract Documents shall be included in Bid Items No. 1 through No. 8 above. BF-14 SCHEDULE OF PRICES C-BF-021115 CONTRACT NO. J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 3 of 3 Serving: Orange County Sanitation District Anaheim 10844 Ellis Avenue,Fountain Valley,CA 92708 714,962.2411 • www.ocsc.con Brea Buena Park May 18, 2017 Via Email: Dcamaurldshimmick.com & Overnight Mail Cypress Fountain Val! Ask Paul C. Camaur Fulls Shimmick Construction Company, Inc. 16481 Scientific Way Garden G Irvine, CA 92618 Huntington Bea SUBJECT: Award Recommendation Notice (Award Date Change) Re: Contract No, J-117A, Interplant Effluent Pipeline Rehabilitation Irvine La Habra Notice is hereby provided to all bidders on Orange County Sanitation District La Palma Contract No. J-117A that the Award date has changed to the June 2017 Board as follows: Los Alamitos Newport Beach Date: June 28, 2017 Time: 6:00 P.M. Orange Location: Orange County Sanitation District Board Room, Administration Building Placentia 10844 Ellis Avenue Santa Ana Fountain Valley, CA 92708 Seal Beach The Final Agenda Report will not be posted until three days prior to the Board of Directors Meeting. Should you wish to determine if the item has been placed on Stanton the agenda, please contact the Clerk of the Board Office at (714) 593-7130. Tustin Villa Park County of Orange Natasha Dubrovski Principal Contracts Administrator Costa Mesa Sanitary District NKD:cmm:yp Midway City Sanitary District cc: R. Thompson Irvine Ranch V. PIIko Water District V. Francis voids Linda K. Lore Water District Our Mission: To protect public health and the environment by Revision 013015 providing effective wastewater collection, treatment, and recycling. Build the Best. Be the Best. FLATIRON Flatiron West,Inc. 17701a Cost Meadows Drive San Marms,CA 92078 760 916 9100 MAIN 760 916 9101 FAX www.flatironcoM.mm May 18, 2017 Orange County Sanitation District Attention: Natasha Dubrovski Principal Contracts Administrator 10844 Ellis Avenue Fountain Valley, CA 92708 Subject: Protest of the Bid Submitted by Shimmick Construction Co, Inc. Interplant Effluent Pipeline Rehabilitation Contract No.J-117A Ms. Dubrovski: This notification is to formally notify the Orange County Sanitation District ("OCSD") that Flatiron West, Inc., ("Flatiron") submits a protest to the Recommendation of Award of the Interplant Effluent Pipeline Rehabilitation Project (the "Project), Contract No. J-117A by the District to Shimmick Construction Co., Inc. ("Shimmick")per Instructions to Bidders IB-29B. The basis for this protest of award is due to the failure to meet the specified Contractor Qualifications Requirements as outlined under Bid Submittal Forms BF-4. The bidder was to provide at least five projects completed within the past ten years of experience performing water and/or wastewater pipeline rehabilitation projects of similar scope and magnitude. Due to the specialty pipeline remediation work associated with this project, these qualifications would need to be met by the specialty subcontractors which are trained and certified and have the past historical projects completed within the ten year time frame allotted for both BF-4 A-3.a and BF4 A-3.b which is specific to Pipeline rehabilitation projects using Ameron T-lock and CFRP/GFRP Liner Systems. Shimmick listed the same CFRP/GFRP specialty subcontractor and their past projects to meet the requirements of BF-4 A-3.b as Flatiron. However, the only project listed with previous experience related to the Ameron T-lock scope of work, which would be intended to meet the requirements of BF4 A-3.a, was the OCSD Project J-110 Contract. The scope of T-lock repairs on this referenced project is by no means comparable in scope and magnitude to the J-117A Contract Scope associated with the 1,520 T- Lock joints to be rehabilitated inside the existing 120" pipe line. The T-Lock repairs performed on the J-110 project inside the 3,0001 F pipe consisted of less than 800 square feet of work which, to put in perspective, would equal to approximately 2 of the 1,520 joints on the J-117A Contract Scope. The value of this T-Lock repair work is estimated to be approximately $20,000 versus the $1,191,600 on the J-117A project which clearly is in no comparison in magnitude. If the District does award this contract to Shimmick they would be overstepping the Contractor Qualifications requirements for this project which Flatiron developed our bid proposal to meet with the appropriate qualified subcontractors. Flatiron's submitted subcontractor, Sonco Construction Inc. ("Sonco"), provided previously completed similar projects in both scope and magnitude to the J-117A project such as the lining of Manholes and Structures on an OCSD SARI Mainline Relocation Project with a value of $400,000 as well as a sewer line rehabilitation project applying the same P-1 joint repairs for the City of Phoenix on their Southern Ave. Interceptor project with a value of$850,000. An Equal Opponun,Employer A HOCHTIEF Compan, The requirements for Contractor Qualifications under BF4 A-3.a state "Experience performing water and/or wastewater pipeline rehabilitation projects of similar scope and magnitude using Ameron T-Lok product." Due to this requirement Flatiron listed, Sonco, a specialty subcontractor which meet the requirements for this project and is a qualified Ameron T-Lock Installer. Shimmick listed CL Industrial Coatings as the PVC Weld Joint Installer, but did not qualify CL Industrial Coatings accordingly with BF-4 A-3.a. The Districts decision to award this project to Shimmick Construction Co, Inc.,will directly affect: Flatiron West, Inc. Dynalectric Sonco Construction, Inc. Xylem Simpson Sandblasting and Special Coatings, Inc. Flatiron submitted the lowest responsive Bid Proposal for the OCSD Contract J-117A with the qualified specialty subcontractors which meet the requirements of BF4. Flatiron should be awarded this contract based upon our submitted bid proposal and the required contractor qualifications. Please let us know if you have any questions in regard to this matter. Subscribed and sworn by, Dale A. Nelson, Vice President of Flatiron West, Inc., as evidenced by signature below. /Th�annk,you. Dale A. Nelson Vice President FLATIRON WEST, INC. 1770 La Costa Meadows Drive San Marcos, CA 92078 Phone (760)916-9100 An Equal Opponul Employe, A HOCHTIEF Gampmry Bid Submitted By: manse of Pon) BF4 PERFORMANCE HISTORY AND FINANCIAL RESOURCES A. CONTRACTOR QUALIFICATIONS Bidder shall have at least ten(10)years of experience performing water and/or wastewater pipeline construction and rehabilitation projects of similar scope and magnitude: 1. The Bidder shall provide its list of projects which demonstrates that it has at least five(5)projects completed within the past ten(10)years ofexperience performing water and/or wastewater pipeline rehabilitation projects of similar scope and magnitude. For each listed project Bidder shall include the project name and location,description of wodc,final contract value,contract duration and completion date,contact name and telephone number. Bidder must submit this Nem with its Bid. Attach documents directly behind his page. 2. The Bidder or listed subcontractor shall demonstrate experience of providing single unit responsibility(Single Entity Unit)for delivering rehabilitated pipeline inclusive of material,installation,Installation quality control,and Moment, 3. The listing of experience shall clearly identify whether the experience is that of the Bidder or listed Subcontmctorjs):The Bidder may qualify through demonstrated experience of listed Subcontractors)and demonstrated experience in all Are areas listed below. a. Experience performing water and/or wastewater pipeline rehabilitation projects of similar scope and magnitude using Ameron T-lock product. b. Refer to Attachment"C"to BF4,CFRP/GFRP Liner Technical Bid Submittal Checklist,for details rega ling qualification requirements and Bid submission requirements for this attachment. BF-4 PERFORMANCE HISTORY AND FINANCIAL RESOURCES C-BF421115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 1 of 15 PART 5 BID SUBMITTAL FORMS (TEAR OUT SHEETS AND SUBMIT) C-BF-021115 TABLE OF CONTENTS BID SUBMITTAL FORMS BF-1 BID LETTER BF-2 LIST OF SUBCONTRACTORS BF-3 RECEIPT OF ADDENDA BF4 PERFORMANCE HISTORY AND FINANCIAL RESOURCES BF-5 SAFETY BF-6 SAFETY DECLARATION OF CONTRACTOR BF-7 CONTRACTOR'S LICENSE DECLARATION BF-8 BIDDER'S SECURITY (BOND) BF-9 ACKNOWLEDGEMENT OF CONTRACT AGREEMENT AND CERTIFICATION OF ABILITY TO MEET OBLIGATIONS (INCLUDING SAID INSURANCE) AND TO PROMPTLY EXECUTE THE AGREEMENT BF-10 NONCOLLUSION DECLARATION BF-11 CONFLICT CERTIFICATION BF-12 NON-DISCRIMINATION IN EMPLOYMENT BF-13 NOTARY ENDORSEMENT BF-14 SCHEDULE OF PRICES C-BF-021115 Bid Submitted By: Shimmick Construction Company, Inc. (Ni of Flrm) BF-1 BID LETTER M. THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT SUBJECT: INVITATION FOR BIDS FOR: CONTRACT NO.Jd 17A INTERPLANT EFFLUENT PIPELINE REHABILITATION Part of PROJECT NO. J-117. OCEAN OUTFALL SYSTEM REHABILITATION In response to the above-referenced Invitation For Bids(IFB)and in accordance with the accompanying Instructions to Bidders, the Bidder hereby commits to the Orange County Sanitation District(OCSD)to perform the Work in accordance with the provisions of the Contract Documents and any addenda thereto and at the prices stated in the torn entitled Schedule of Prices, included and made a part of the Contract. THE UNDERSIGNED,AS BIDDER, HEREBY AGREES AND DECLARES THAT: BID VALIDITY PERIOD This Bid delivered to OCSD at the time set for opening shall be deemed irrevocable, and Bidder acknowledges that it may not withdraw this Bid for a period of one hundred twenty(120)calendar days, as specified in Part 2 - Instruction to Bidders, after the date set for opening. This date may be extended by written mutual consent of the Bidder and OCSD. BID SECURITY A certified or cashiePs check or Bid Bond in the amount of not less than ten percent(10%)of the total Bid price is hereby given as a guarantee that the Bidder will enter into the Contract and provide the required insurance and Payment and Performance Bonds within the time herein stated if the award is made to it by OCSD. In case of the Bidder's refusal or failure to enter into the Contract and provide the required insurance and Payment and Performance Bonds, within fifteen (15)calendar days of notice of such award, the Bid Security shall be forfeited to OCSD. Bidder's Security will be returned within SO days after an award is made. BID ACCURACY The Bid figures have been carefully checked and OCSD shall not be responsible for any errors or omissions on the pail of the undersigned in making up this Bid. The Bidder is responsible for reading the IFB Documents in their entirety and providing a Bid with full knowledge of the Work to be performed and the terms and conditions therein. The Bidder attests that it has not modified any of the OCSD Bid Submittal Forms, or changed any of the IFB Documents in a manner that imposes conditions that would modify requirements of the IFS in any way. OCSD'S RIGHT OF REJECTION Bidder acknowledges and agrees that OCSD has reserved the right to reject any or all Bids and to waive or not to waive any informality in the Bid. BF-1 BID LETTER C-BF-02111ti CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 1 of 2 Bid Submitted By: Shimmick Construction Company,Inc. (Name of Flan) LEGAL COMPLIANCE The Bidder attests by its authorized signature that the persons or parties interested in this firm offer as principals are those named herein;that this Bid is made without collusion with any other person,firm or corporation;that it has carefully examined the location of the proposed Work,the Bid form of Contract and the Plans therein referred to; and it proposes and agrees that if this firm offer is accepted it will contract with OCSD in the form of the Contract included in the IFS Documents to provide the necessary insurance and Payment and Performance Bonds and all necessary labor, machinery,tools, apparatus and other means for construction, and to do all the Work and furnish all the materials specified in the Contract, in the manner and time therein prescribed, and that it will accept in full payment therefore the Unit Prices as proposed in the Bid Form entitled Schedule of Prices, of this firm offer. In addition to the formal certifications provided,the Bidder certifies that it has examined the experience, skill, licensing and certification requirements specified and that the entities(Bidder, Subwntractor(s), Supplier(s))performing the Work under the Contract will fulfill the specified requirements. TIME REQUIRED FOR COMPLETION Bidder acknowledges that OCSD has determined that the Final Completion date for the Work shall be 730 calendar days from the effective date of the Notice to Proceed, and the Bidder agrees that its firm offer is submitted on this basis, subject to provisions contained in the Specifications relating to extensions of time. INFORMATION ON CONTRACTOR Bidder certifies under penalty of perjury,under the laws of the State of California that all representations herein made are true and correct. (Contractor's License Declaration must be included with Bid). Shimmick Construction Company Inc. 60-921-0977 Legal Name of Fin Dun&Bradstreet, Inc., D-U-N-S®Number (Data Universal Numbering System) Corporation 1000001063 Form of Entity(corporation,Partnership,Jointvenlure,arc.) Department of Industrial Relations(DIR) Registration Number 16481 Scientific Way Paul C. Camaw Street Address(No PO Box) Printed Name of Represent t Irvine, CA 92618 City, State,Zip Signature o epresentative (949)333-1500 President Telephone Number Title of Representative pcamaur@shimmick.com jbwesh@shitnmick.com Email of Representative Alternate Email(if any) BF-1 BID LETTER C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 2 of 2 Bid Submitted By: Shimmick Construction Company,Inc. (Name of Firm) BF-2 LIST OF SUBCONTRACTORS In accordance with California Public Contract Code Section, 4100 at seq., the name and location of the principal place of business of each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the Work of improvements in an amount in excess of one-half of one percent (0.5 k)of the Contractor's total Bid, the Subcontractor license number, and the portion of the Work which will be done by each Subcontractor is set forth below.Also, for each Subcontractor listed below,the Subcontractor's Department of Industrial Relations (DIR) registration number and Subcontract amount is provided. Portion DIR Name Location of Business License# (Two of Work) Renistration# Subcontract Amount 1 5T1i TUCA%- f>IL44y 1332 NI 0-m"Im 79692,2 FRP It I 100 0007V50 a3800 "o ee 11J(. ANAItE i y rA 9260b 2 M F IIER.Lo(w KWAI Stu W015 AVE 38IM" F18E2 loeoo 7Y29 f200,000 ELEcril wi PAEAMmeT-fw 7Y 3 C.L. I ba6r- 11 WZa WESTERN AaE 93LI7L F& WED fyuf 10000y S314 1, 1,329 coo.sa WATIN INC. T Tow 90t.8o �' NWA f.&V 6S 4 2 m _ M • 100aipONCYL •ro �, fr L0-UfAL, 1R¢k CA , 97OLI 1M)A/L re&M, 5. 6. 7. B. (Use separate sheet if necessary.) BF-2 LIST OF SUBCONTRACTORS C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 1 of 1 Bid Submitted By: Shim nick Construction Company, Inc. (Name or Firm) BF-3 RECEIPT OF ADDENDA OCSD may deem Non-Responsive any Bid which fails to acknowledge any addenda issued by OCSD prior to Bid submittal. Bidder hereby acknowledges receipt of all addenda(if any). Addenda Number(s) Received: Addendum 1, 2, 3 (list by number each addendum) BF-3 RECEIPT OF ADDENDA C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 1 of 1 Bid Submitted By: Shimmick Construction Company, Inc. (Name or Firm) BF4 PERFORMANCE HISTORY AND FINANCIAL RESOURCES A. CONTRACTOR QUALIFICATIONS Bidder shall have at least ten (10)years of experience performing water and/or wastewater pipeline construction and rehabilitation projects of similar scope and magnitude: 1. The Bidder shall provide its list of projects which demonstrates that it has at least five (5) projects completed within the past ten (10)years of experience performing water and/or wastewater pipeline rehabilitation projects of similar scope and magnitude. For each listed project, Bidder shall include the project name and location, description of work,final contract value, contract duration and completion date, contact name and telephone number. Bidder must submit this item with its Bid. Attach documents directly behind this page. 2. The Bidder or listed subcontractor shall demonstrate experience of providing single unit responsibility(Single Entity Unit)for delivering rehabilitated pipeline inclusive of material, installation, installation quality control, and warranty. 3. The listing of experience shall clearly identify whether the experience is that of the Bidder or listed Subcontractor(s):The Bidder may qualify through demonstrated experience of listed Subcontractor(s)and demonstrated experience in all the areas listed below. a. Experience performing water and/or wastewater pipeline rehabilitation projects of similar scope and magnitude using Amemn T-lack product. b. Refer to Attachment"C'to BF4, CFRP/GFRP Liner Technical Bid Submittal Checklist,for details regarding qualification requirements and Bid submission requirements for this attachment. BF4 PERFORMANCE HISTORY AND FINANCIAL RESOURCES C-BF-021115 CONTRACT NO. J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION ADDENDUM NO. 1 Page 1 of 15 Bid Submitted By: Shimmick Constmction Company, Inc. (Name of Firm) Project Name and Location Role Description of Work OWmers Name,Addrass,Phone No. Final Contract Ptattoo Dale Project Manager,or Project Engineer Value Completion SEE FOLLOWING ATTACHED PAGES Prime $ ❑ Sub ❑ Prime $ ❑ Sub ❑ Prime $ ❑ Sub ❑ Prime $ ❑ Sub BF-4 PERFORMANCE HISTORY AND FINANCIAL RESOURCES C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION ADDENDUM NO. 1 Page 2 of 15 Bid Submitted By: Shimmick Construction Company,Inc. IName of Firm) Project Name and Location Role Description of Work O..Pa Name,Address,Ptione No, Final OOMract p Project Manager,or Project Engineer Value Completion Date ❑ Prime ❑ Sub $ ❑ Prime ❑ Sub ❑ Prime ❑ Sub $ ❑ Prime ❑ Sub $ BF-4 PERFORMANCE HISTORY AND FINANCIAL RESOURCES C-BF-021115 CONTRACT NO,J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION ADDENDUM NO. 1 Page 3 of 15 Shim mick Construction Company, Inc.:Orange County Sanitation District—CONTRACT NO.1-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION ATTACHMENT A Project Name and Role: Description of Work Owner's Name, Final Completion Location Prime or Address,Phone No., Contract Date Sub Project Manager or Value Project Engineer J-110 Final Prime Shimmick Construction, Bidder Orange County $ 9,716,000 April 2017 Effluent Sampler Sanitation District and Building Area The Work consists of the following elements: Demolition of the existing Final Upgrades& P2-96 Sampler Trailer, and the construction of a new Concrete Final Effluent Sampler 10844 Ellis Ave. Site and Security Building (FESB). This also includes soils excavation and improvements for the Fountain Valley, CA Upgrades construction of the new FESB. Relining of the 120-inch Short Ocean Outfall 92708 pipeline and slip lining of two gravity pipelines. Abrasive blasting at Surge Huntington Beach, Tower No.1, coating, welding steel repair plates, spot corrosion repairs, and Raul Cuellar CA installation of new stairs. Project included 3,000 LF of 120" T-Lock repairs, Ph: (714) 593-7828 approximately 800 SF of misc. concrete and T-Lock repairs. Construction of new 4-inch and 6-inch Natural Gas pipelines from the existing gas meter structure to the Hunt and Ribal tunnels(approximately 5,000 LF of pipe),testing and commissioning of the new pipelines, and removal of the existing pipelines. Miscellaneous Improvements within the Project area including, but not limited to, drainage correction, paving removal and replacement(approximately 2.75 acres), and mechanical and electrical modifications to an existing storm water pump station in the vicinity of the new building. Construction of landscape and irrigation improvements at Plant No. 2, SC-875, Sub Structural Group, Inc., Subcontractor City of Baltimore $6,800,000 12/20/2014 Southwest Project Engineer— Diversion Sewer STRUCTURAL performed installation of V-WrapTM FRP system at 2,140LF of 78-inch concrete pipeline. The project was completed safely and successfully RK&K Engineering Baltimore, MD within allotted schedule. 81 Mosher St, Baltimore, MD 21217 Keith Eysaman 410.728.2900 North Shore Prime Structural Group, Inc., Subcontractor NSWRD $2,300,000 9/23/2016 Water Reclamation STRUCTURAL performed installation of the V-WrapT^' FRP system at 46OLF 14770 W. Wm. District F3 of 54-inch concrete pipeline. The project was completed safely and Koepsel Drive Forcemam successfully within allotted schedule. Gurnee, IL 60031 Upgrade Bill Stoltz Shim mick Construction Company, Inc.:Orange County Sanitation District—CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION ATTACHMENT A Waukegan, IL 847.623.6060 Miami-Dade Prime Structural Group, Inc., Subcontractor MDWASD $1,376,000 9/30/2014 Water&Sewer RPQ#P0151 3071 SW 38th STRUCTURAL performed emergency repairs to 260LF of 54-inch PCCP Avenue Miami, FL transmission water main located at West 4th avenue (red road), West 20th Miami, FL 33146 street and West 2nd avenue using V-Wrap7m FRP system. The project was completed safely and successfully within allotted schedule. Pedro Vigil 786.268.5172 Tucson Water Sub Structural Group, Inc., Subcontractor Tucson Water $2,100,000 4/1/2017 Tucson, AZ STRUCTURAL performed installation of the V-WrapT" FRP system at 520LF 310 W Alameda St, of 54-inch concrete pipeline. The project was completed safely and Tucson, AZ 85701 successfully within allotted schedule. Paul Acosta 520.791.3242 Bid Submitted By: Shirnmick Construction Company,Inc. (Name of Firm) BF-0 PERFORMANCE HISTORY AND FINANCIAL RESOURCES (Continued) B. BUSINESS OPERATIONS For the questions herein,the term"Firm' shall refer to the individual or the entity submitting the Bid to perform the Work under the Contract, and if the Firm is a Joint Venture, it shall include all joint venture partners. 1. In the past five(5)years, has a public agency,governmental or private entity or individual terminated your Fin's contract(or performance under a contract)for default prior to completion of the contract? ❑ Yes IM No If yes, explain on Attachment A the circumstances surrounding each termination. 2. In the past five(5)years, has your Firm been assessed liquidated damages on a construction contract with either a public or private owner? ❑ Yes ® No No,but providing full disclosure on Attachment A If yes, explain on Attachment A the circumstances surrounding each instance, and identify all such projects, the value of the contract on which liquidated damages were assessed,the amount assessed and paid,the name and address of the project owner,and the name and telephone number of a contact person with the project owner. If any initial assessment of liquidated damages was determined by a court(jury decision or bench trial)or an arbitrator to be improperly assessed, then the liquidated damages will not be considered'assessed"for purposes of this question. 3. At any time during the past five(5)years, has any surety company made any payments or performed any work on your Firm's behalf as a result of a default to satisfy any claims made against a performance or payment bond issued on your firms behalf in connection with a construction project,either public or private? ❑ Yes 51 No If yes, explain on Attachment A the circumstances surrounding each issue, including the amount of each such payment or activity. BF4 PERFORMANCE HISTORY AND FINANCIAL RESOURCES C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION ADDENDUM NO. 1 Page 4 of 15 ''i Bid Submitted By: Shimmick Construction Company,Inc. (Name of Firm) 4. In the past five (5)years, has your Firm been prevented from bidding on any govemment agency or public works project because of debarment or for any other reason? ❑ Yes El No If yes, explain on Attachment A the circumstances surrounding each instance, the terms of each such instance,whether an appeal was taken, and the status and/or result of each such appeal. The description should include the grounds on which the public entity debarred or otherwise prevented your Firm from bidding (e.g., applicable law, code, regulation,etc.), including but not limited to whether your Firm was debarred under Labor Code section 1770 at seq. 5. In the past five(5)years, has your Finn been convicted or found liable in a civil suit for making false claims or material misrepresentations to any governmental entity or public utility? ❑ Yes fl No If yes, explain on Attachment A the circumstances surrounding each instance. 6. In the past five (5)years, has your Firm or any of its owners or officers been convicted of a crime involving the bidding of a public contract,the awarding of a public contract,the performance of a public contract, or the crime of fraud,theft, embezzlement, perjury or bribery in any context? For this question,the term 'owner" does not include those who own stock in a publicly traded corporation. ❑ Yes ® No If yes, explain on Attachment A the circumstances surrounding each instance. BFA PERFORMANCE HISTORY AND FINANCIAL RESOURCES C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION ADDENDUM NO. 1 Page 5 of 15 CONFIDENTIAL Bid Submitted By: Shimmick Construction Company,Inc. (Name of Fl.t BF-4 PERFORMANCE HISTORY AND FINANCIAL RESOURCES (Continued) C. FINANCIAL INFORMATION Insert the following information concerning your Firm's financial information, and indicate the fiscal year-end date applicable to the same. "Year 1'refers to the most recent fiscal year In time,etc. Reflect the financial situation of the Bidder or partner to a Joint Venture, and not a sister or parent company. Information and representations provided by Joint Venture Bidders shall be made consistent with General Conditions, Section 12, "Joint and Several Liability". Year Year Year 2015 to 2015 2014 to 2014 2013 to 2013 1. Not Worth' $79,831,000 $72,385,000 $72,323,000 2. Working Capital•' $46,664,000 $43,578,000 $37,248,000 If required by OCSD during the evaluation period, Bidder shall bring in for review by OCSO requested documentation to substantiate information provided with its Bid as noted below. Upon request from OCSO, Bidder must bring in for OCSO's inspection and review balance sheets, including all related notes, and income statements for the last three years, complying with the following conditions: • All such documents reflect the financial situation of the Bidder or partner to a Joint Venture, and not a sister or parent company. Information and representations provided by Joint Venture Bidders shall be made consistent with General Conditions, Section 12, "Joint and Several Liability" • Provide a reviewed or audited financial statement for the past three years. • Financial statements must be complete, including all notes to the financial statements. • Financial statements must correspond to accounting periods already completed and/or audited(no statements for partial periods shall be requested or accepted). If,during or after the review of the requested documents,OCSD determines that copies of some or all of the requested documents are needed to aid further evaluation by OCSD of the Bidder's Responsibility or ability to perform the Contract, OCSD staff may, in its sole discretion, make copies of some or all of the documents and materials,or may request Bidder to supply copies of documents and materials. Includes any available lines of credit. BF-4 PERFORMANCE HISTORY AND FINANCIAL RESOURCES C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION ADDENDUM NO. 1 Page 6 of 15 Bid Submitted By: Shimmick Construction Company, Inc. (Name of Firm) BF-4 PERFORMANCE HISTORY AND FINANCIAL RESOURCES(Continued) D. FINANCIAL HISTORY For the questions herein, the term"Firm" shall refer to the individual or the entity submitting the Bid to perform the Work under the Contract,and if the Firm is a Joint Venture, it shall include all joint venture partners. If the answer to any of the following questions is"Yes,"explain on Attachment B the circumstances surrounding each instance. 1. Is your Firm now the debtor in a bankruptcy case? ❑ Yes El No 2. Is your Firm's working capital for the most recent completed fiscal year less than 5%of your Total Amount of Bid as set forth in the Schedule of Prices herein. ❑ Yes Er] No 3. Is your Firtn's net worth for the most recent completed fiscal year less than 20%of your Total Amount of Bid as set forth in the Schedule of Prices herein? ❑ Yes ® No BF-4 PERFORMANCE HISTORY AND FINANCIAL RESOURCES C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION ADDENDUM NO. 1 Page 7 of 15 Bid Submitted By: Shimmick Construction Company,Inc. (Name of Firm) ATTACHMENT (BF-4 PERFORMANCE HISTORY AND FINANCIAL RESOURCES) Bidder is to include all additional information or explanation,when required,for Question Nos. B(1) through B(S). Include the number of the question for which you are submitting additional information or explanation(s). The additional information or explanation(s)provided on this ATTACHMENT A are to be typewritten. ❑ Check This Box If Attachment A is Not Applicable. BF-4 PERFORMANCE HISTORY AND FINANCIAL RESOURCE EL BUSINESS OPERATIONS Question N2 Shimmick Construction Company, Inc, the bidder, has not been assessed liquidated damages on a project in the past five years. However, the entity Shimmick Construction Company, Inc./Obayas i Corporation, , a joint ven ure, rs e p amtr m two separate lawsuils concerning, among other issues, the improper assessment or tiquicateaamages agams ese awsur are pen mg outcome 01 the lawsuits. vehemently disputes me assessment or liquidatedamages. upon BF-4 PERFORMANCE HISTORY AND FINANCIAL RESOURCES C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION ADDENDUM NO. 1 Page 8 of 15 Bid Submitted By: Shimmick Construction Company,Inc. (Name of Firm) ATTACHMENTS (BF-4 PERFORMANCE HISTORY AND FINANCIAL RESOURCES) Bidder is to include all additional information or explanation,when required,for Question Nos. D(1) through D(3). Include the number of the question for which you are submitting additional information or explanation(s). The additional information or explanation(s)provided on this ATTACHMENT B is/am to be typewritten. © Check This Box If Attachment B is Not Applicable. BFA PERFORMANCE HISTORY AND FINANCIAL RESOURCES C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION ADDENDUM NO. 1 Page 9 of 15 Bid Submitted By: Shimmick Construction Company,Inc. (Hama of Firm) ATTACHMENT BF-0 CFRPIGFRP LINER TECHNICAL BID SUBMISSION CHECK LIST Note: Submit this form within three(3)Business Days after Bid Opening. Failure to provide such information shall make a Bidder nonresponsive. The following checklist is to be completed as accurately as possible and signed by the Bidders Single Entity Unit Team as defined in Paragraph 1.2 of Section 03930 Fiber Reinforced Polymer Composite Repairs for Pipelines, and where indicated. Failure to submit this form within three(3)Business Days after Bid Opening, along with required information, will deem the Bid as Non-Responsive. Required Documentation per Specification 038.70 Documentadon Provided By Provided? Signed By Documentation indicating positive ability of the Single Entity Unit to provide ❑ ❑ the 5-year bonded warranty described in Paragraph I.10 of Section 03930 Single Entity Unit Fiber Reinforced Polymer Composite Repairs for Pipelines. Yes No List of minimum of five(5)separate water or waste water pipe rehabilitation projects with an internal hydraulic pressure of 20 psi or more,involve internal structural lining of reinforced concrete pipe,with pipe diameters greater than 46 inches,and HS-20 traffic loading using the internally applied 1-1 El CFRP/GFRP wet layup method.Contact information for each internal Yes No Installer pipeline rehabilitation project reference and a summary of the Work performed for each reference shall be provided as descibed in Paragraph 1.6.8 of Section 03930 Fiber Reinforced Polymer Composite Repairs for Pipelines. List of minimum of five(5)separate pipe rehabilitation projects using the internally applied CFRP/GFRP wet layup method on pipes with diameters greater than 48 inches which have been in service for a minimum of five(5) years.Contact information for each project reference and a summary of the Manufacturer Work performed for each reference shall be provided as described Yes No Paragraph 1.62 of Section 03930 Fiber Reinforced Polymer Composite Repairs for Pipelines. Entities as defined In Paragraph 1.2 of Sector,03930 Fiber Reinforced Polymer Composite Repairs for Pipelines The preceding checklist is completed accurately and documentation provided as required. Single Entity Unit: As a duty authorized representative of below named company, I certify that named company, acting as the Single Entity Unit, is legally and financially capable of providing a (5)year bonded warranty covering performance and maintenance requirements as specified in the Contract Documents: Company Name'. Address'. Authorized Representative Name: Title: Signature: Date: BF-0 PERFORMANCE HISTORY AND FINANCIAL RESOURCES C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION ADDENDUM NO. 1 Page 10 of 15 Bid Submitted By: Shimmick Construction Company, Inc. (Name of Firm) ATTACHMENT BF4 INSTALLER QUALIFICATION FORM Note: SUhmu this form within three(3)Business Days after Bid Ooenina. Failure to provide such information shall make a Bidder nonresponsive. EXPERIENCE List of minimum of five (5) separate water or waste water pipe rehabilitation projects with an internal hydraulic pressure of 20 psi or more, involve internal structural lining of reinforced concrete pipe,with pipe diameters greater than 48 inches, and HS-20 traffic loading using the internally applied CFRP/GFRP wet layup method. Contact information for each internal pipeline rehabilitation project reference and a summary of the Work performed for each reference shall be provided. CFRPIGFRP INSTALLER INFORMATION Company Name: Address: City, State,Zip: Authorized Representative Name: Title: Phone: Installer Reference Project Nt Project Name: Date Completed: Owner Name: Diameter of Pipe Segments: Contact Phone No. Total Length of Repair: Contact Person: Structural Lining Wet Layup Method Used: w/HS-20 Loading Condition: Foreman: Design pressure above 20 psi? Superintendent: Lead Technician: Lead Technician: Lead Technician: Lead Technician: Lead Technician: BF4 PERFORMANCE HISTORY AND FINANCIAL RESOURCES C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION ADDENDUM NO. 1 Page 11 of 15 Bid Submitted By: Shimmick Construction Company, Inc. (Name of Fhm) ATTACHMENT BF4 INSTALLER QUALIFICATION FORM(Continued) Installer Reference Project#2 Project Name: Date Completed: Owner Name: Diameter of Pipe Segments: Contact Phone No. Total Length of Repair: Contact Person: Structural Lining Wet Layup Method Used: w/HS-20 Loading Condition: Foreman: Design pressure above 20 psi? Superintendent: Lead Technician: Lead Technician: Lead Technician: Lead Technician: Lead Technician: Installer Reference Project 03 Project Name: Date Completed: Owner Name: Diameter of Pipe Segments: Contact Phone No. Total Length of Repair Contact Pemon: Structural Lining Wet Layup Method Used: w/HS-20 Loading Condition: Foreman: Design pressure above 20 psi? Superintendent: Lead Technician: Lead Technician: Lead Technician: Lead Technician: Lead Technician: BF4 PERFORMANCE HISTORY AND FINANCIAL RESOURCES C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION ADDENDUM NO. 1 Page 12 of 15 Bid Submitted By: Shim nick Construction Company,Inc. (Name of Firm) ATTACHMENTC BF4 INSTALLER QUALIFICATION FORM (Continued) Installer Reference Project#4 Project Name: Date Completed: Owner Name: Diameter of Pipe Segments: Contact Phone No. Total Length of Repair: Contact Person: Structural Lining Wet Layup Method Used: w/HS-20 Loading Condition: Foreman: Design pressure above 20 psi? Superintendent: Lead Technician: Lead Technician: Lead Technician: Lead Technician: Lead Technician: Installer Reference Project#0 Project Name: Date Completed: Owner Name: Diameter of Pipe Segments: Contact Phone No. Total Length of Repair: Contact Person: Structural Lining Wet Layup Method Used: w/HS-20 Loading Condition: Foreman: Design pressure above 20 psi? Superintendent: Lead Technician: Lead Technician: Lead Technician: Lead Technician: Lead Technician: BF� PERFORMANCE HISTORY AND FINANCIAL RESOURCES C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION ADDENDUM NO. 1 Page 13 of 15 Bid Submitted By: Shimmick Construction Company,Inc. (Name W Firm) ATTACHMENT BF-4 MANUFACTURER QUALIFICATION FORM Note:Submit this form within three 131 Business Days after Bid Opening. Failure to provide such information shall make a Bidder nonresponsive. EXPERIENCE List of minimum of five(5)separate pipe rehabilitation projects using the internally applied CFRP/GFRP wet layup method on pipes with diameters greater than 48 inches which have been in service for a minimum of five(5)years.Contact information for each project reference and a summary of the work performed for each reference shall be provided. CFRPIGFRP MANUFACTURER INFORMATION Company Name: Address: City, State,Zip: Authorized Representative Name: Title: Phone: Manufacturer Reference Project#1 Project Name: Date Completed: Owner Name: Diameter of Pipe Segments: Contact Phone No.: Total Length of Repair: Contact Person: Layup Method Used: Materials Used: Manufacturer Reference Protect#2 Project Name: Date Completed: Owner Name: Diameter of Pipe Segments: Contact Phone No.: Total Length of Repair: Contact Person: Layup Method Used: Materials Used: BF4 PERFORMANCE HISTORY AND FINANCIAL RESOURCES C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION ADDENDUM NO. 1 Page 14 of 15 Bid Submitted By: Shimmick Construction Company,Inc. (Name of Finn) ATTACHMENT BF-4 MANUFACTURER QUALIFICATION FORM(Continued) Manufacturer Reference Project p3 Project Name: Date Completed: Owner Name: Diameter of Pipe Segments: Contact Phone No.: Total Length of Repair: Contact Person: Layup Method Used: Materials Used: Manufacturer Reference Project 04 Project Name: Dale Completed: Owner Name: Diameter of Pipe Segments: Contact Phone No.: Total Length of Repair. Contact Person: Layup Method Used: Materials Used: Manufacturer Reference Project M5 Project Name: Date Completed: Owner Name: Diameter of Pipe Segments: Contact Phone No.: Total Length of Repair: Contact Person: Layup Method Used: Materials Used: BF-4 PERFORMANCE HISTORY AND FINANCIAL RESOURCES C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION ADDENDUM NO. 1 Page 15 of 15 Bid Submitted By: Shimmick Construction Company, Inc. (Nam of Firm) BF-5 SAFETY 1. The Bidder affirms by signature below that it has an established Safety Program that will comply with the provisions of these Contract Documents and that currently complies with all government regulations, including California Labor Code Section 6401.7 and Cal-OSHA General Industry Order, Title 8, Subchapter 4, Section 1509, and Subchapter 7, Sections 3203 and 3220. Bidder further acknowledges that it shall be required to submit its Injury and Illness Prevention Program (IIPP), Proposed Project/Site Safety Representative, and job specific Construction Safety Plan no later than fifteen (15)days from the effective date of the Notice to Proceed for review by OCSD pursuant to the General Requirements. Upon request by OCSD, Bidder shall be required to submit the Injury and Illness Prevention Program and/or written Safety Program of each Subcontractor of any tier providing Work on any OCSD jobsite as specified in the Part 2—Instructions to Bidders section entitled "Bid Evaluation Process". 2. The two(2)apparent low Bidders shall submit to the office of the Contracts, Purchasing and Materials Management Division a completed Workers' Compensation Experience Rating Form (also referred to as an Experience Rating Worksheet) and completed and signed copies of their CAL/OSHA 300/300A Logs and Summaries for each of the last three(3)completed years within three (3) Business Days after Bid Opening. 3. The two(2)apparent low Bidders shall submit to the office of the Contracts, Purchasing and Materials Management Division the following within three(3) Business Days after Bid Opening: For each of the Bidder's Subcontractors listed on BF-2 and all other Subcontractors of all Here who will commence Work within the first ninety(90)days after Award of Contract: A. Completed and signed copies of each of their Subcontractors'BF6 SAFETY DECLARATION OF CONTRACTOR forms; B. A completed Workers'Compensation Experience Rating Form(also referred to as an Experience Rating Worksheet)and completed and signed copies of each of their Subcontractors'CAL/OSHA 300/300A Logs and Summaries for each of the last three (3)completed years. ❑ Check this box If Bidder and/or its Subcontractor(s)is/are exempt from California Code of Regulations, Title 8,Section 14300. On the lines provided, briefly explain the reason(s)for Bidder's and/or its Subcontractor(s)exemption: SF-5 SAFETY C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 1 of 2 Bid Submitted By: Shimmick Construction Company,Inc. (Name of Firm) Note: Should the two(2)apparent low Bidders fail to meet OCSD's requirements,the next apparent low Bidder(s) shall be notified to submit the said documentation within the three(3)Business Day time frame for OCSD review. Should any of the Bidders' Subcontractors fail to meet OCSD's requirements,those Subcontractors shall be substituted in accordance with Part 2—Instructions to Bidders. Please refer to Part 2—Instructions to Bidders regarding evaluation criteria. Executed on ak at Irvine CA D e City State Paul C. Camaur resident Printed Name Signatung of Authorized Official Title BFS SAFETY C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 2 of 2 Bid Submitted By: Shimmick Construction Company,Inc. (Name of Flrm) BF-6 SAFETY DECLARATION OF CONTRACTOR The CONTRACTOR shall complete this form in its entirety and submit it to OCSD with As Bid in accordance with the Pad 2—Instructions to Bidders section entitled'Bid Evaluation Process'. Prior to submitting its Bid, the CONTRACTOR shall safety pre-qualify each of its Subcontractors.The CONTRACTOR shall require each of its Subcontractors to complete Items 5-9 of this forth, execute and submit the form to the CONTRACTOR in accordance with the Part 2—Instructions to Bidders section entitled"Bid Evaluation Process". CONTRACTOR certifies the following (check the appropriate box): 1. Does the CONTRACTOR have any Serious, Willful, Repeat, Serious and Willful, or Failure to Abate citations of Part 1 (commencing with Section 6300) of Division 5 of the Labor Code, during the past five-year period? ® No ❑ Yes If Yes is checked, OCSD may require the CONTRACTOR to submit evidence of corrective actions being taken to abate further violations of Part 1 of Division 5 of the Labor Code. 2, Accident Frequency OCSD will evaluate the CONTRATOR's accident frequency factors for each calendar year submitted on the CAUOSHA 300/300A Logs and Summaries and its three(3)year average using the Accident Frequency Factor tables as specified in the Instructions to Bidders. Prior to completing this Declaration, OCSD recommends that the CONTRACTOR calculate its accident frequency factors for each calendar year listed and its three (3)year average using the Accident Frequency Factor tables located in the Instructions to Bidders. The results of those calculations should be used to answer the following questions. OCSD requires the CONTRACTOR to have an accident frequency at or below a factor of 1.25 of the national average as published by the California Department of Industrial Relations(DIR)for the specific North American Industry Classification System (NAICS) Codes and applied to the accident history of the last three(3)years. Failure to check"Yes" in either A. or B. below will render the Bid Non-Responsive and the Bid shall be rejected. A. Does the CONTRACTOR have an accident frequency at or below a factor of 1.00 of the state average as published by the DIR for the specific NAICS Codes and applied to the accident history for the last three(3)years? N Yes OR BF-6 SAFETY DECLARATION OF CONTRACTOR C-BF-021115 CONTRACT NO. J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 1 of 7 Bid Submitted By: Shimmick Construction Company, Inc. (Nam of Fkm) B. Does the CONTRACTOR have an accident frequency within a factor of 1.01 to 1.25 of the state average as published by the DIR for the specific NAICS Codes and applied to the accident history for the last three(3)years? ❑ Yes If 2.9.is Yea, OCSD may require the CONTRACTOR to submit evidence of corrective actions being taken to reduce the CONTRACTOR's accident experience if the accident frequency is within a factor of 1.01 to 1.25 of the state average as published by the DIR for its NAICS code and applied to the accident history for the last three(3)years. Such evidence shall include any or all of the following information for further consideration: • Copy of CONTRACTOR's IIPP outlining any updates/revisions implemented to reduce future occurrences. • Any training taken place in the last three(3)years to prevent future occurrences. • Any program/policy,updates within the three-year period to address their injury rates. 3. Workers'Compensation Experience Modification Rate OCSD requires the CONTRACTOR to have workers'compensation experience modification rate (EMR) at or below 1.25 Failure to check"Yes" in either A. or B. below will render the Bid Non-Responsive and the Bid shall be rejected. A. Is the CONTRACTOR's workers'compensation EMR at or below 1.00? ® Yes OR B. Is the CONTRACTOR's workers'compensation EMR between 1.01 and 1.25? L7 Yes If 3.8.is Yes,OCSD may require the CONTRACTOR to submit evidence of corrective actions being taken to reduce employee workplace injuries, illnesses and workers' compensation losses if the CONTRACTOR's workers'compensation EMR is between '1.01 to 1.25. Such evidence shall include any or all of the following information for further consideration: • Copy of CONTRACTOR's IIPP outlining any updates/revisions implemented to reduce future occurrences. • Any training taken place in the last three(3)years to prevent future occurrences. • Any program/policy updates within the three-year period to address their injury rates. BF-6 SAFETY DECLARATION OF CONTRACTOR C-BF 021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 2 of 7 Bid Submitted By: Shimmick Construction Company, Inc. (Name of Flrm) 4. Does the CONTRACTOR have injury prevention programs instituted to the extent required by Section 3201.5 or 6401.7 of the Labor Code? ® Yes ❑ No 5. Does any Subcontractor have any Serious, Willful, Repeat, Serious and Willful, or Failure to Abate citations of Part 1 (commencing with Section 6300)of Division 5 of the Labor Code, during the past five-year period? 14 No ❑ Yes If Yes is checked,OCSD may require the CONTRACTOR to submit evidence of the Subcontractor's corrective actions being taken to abate further violations of Part 1 of Division 5 of the Labor Code. 6. Accident Frequency of Subcontractors OCSD will evaluate Subcontractors' accident frequency factors for each calendar year submitted on the CAUOSHA 3001300A Logs and Summaries and its three(3)year average using the Accident Frequency Factor tables located in the Instructions to Bidders. Prior to completing this Declaration, the CONTRACTOR shall require each of its Subcontractors to calculate its accident frequency factors for each calendar year listed and its three(3)year average using the Accident Frequency Factor tables located in the Instructions to Bidders.The results of those calculations should be used to answer the following questions'. OCSD requires all Subcontractors to have an accident frequency at or below a factor of 1.25 of the state average as published by the DIR for the specific NAICS Code and applied to the accident history of the last three(3)years. CONTRACTOR shall be required to substitute any Subcontractor who fails to meet the minimum accident frequency requirements. A. Do any of the CONTRACTOR's Subcontractors have an accident frequency above a factor of 1.25 of the state average as published by the DIR for the specific NAICS Code and applied to the accident history of the last three(3)years? X No ❑ Yes BF-6 SAFETY DECLARATION OF CONTRACTOR C-BF-021115 CONTRACT NO. J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 3 of 7 Bid Submitted By: Shimmick Construction Company, Inc. (Noma of Flrm) B. Do all of the CONTRACTOR'S Subcontractors have an accident frequency at or below a factor of 1.00 of the stale average as published by the DIR for the specific NAICS Code and applied to the accident history for the last three(3)years? ❑ No Of Yes C. Do any of the CONTRACTOR's Subcontractors have an accident frequency within a factor of 1.01 to 1.25 of the state average as published by the DIR for the specific NAICS Code and applied to the accident history for the last three(3)years? 51 No ❑ Yes N 6.C.is Yea, OCSD may require the CONTRACTOR to submit evidence from its Subcontractor(s)of corrective actions being taken to reduce the Subcontractor's accident experience if the Subcontractor's accident frequency is within a factor of 1.01 to 1.25 of the state average as published by the DIR for its NAICS code and applied to the accident history for the last three(3)years. If any Subcontractor is deemed not qualified based on the inadequacy of the corrective action taken to reduce the accident experience, CONTRACTOR shall be required to substitute any such Subcontractor. Such evidence shall include any or all of the following information for further consideration: • Copy of Subcontractor's IIPP outlining any updates/revisions implemented to reduce future occurrences. • Any training taken place in the last three(3)years to prevent future occurrences. • Any program/policy updates within the three-year period to address their injury rates. 7. Workers' Compensation Experience Modification Rate of Subcontractors OCSD requires all Subcontractors to have workers'compensation experience modification rate(EMR)at or below 1.25. CONTRACTOR shall be required to substitute any Subcontractor who fails to meet the minimum experience modification factor requirements. A. Do any of the CONTRACTOR's Subcontractors have a workers'compensation EMR above 1.25? 5a No ❑ Yes BF-6 SAFETY DECLARATION OF CONTRACTOR C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 4 of 7 Bid Submitted By: Shimmick Construction Company, Inc. (Name of Firm) B. Do all of the CONTRACTOR's Subcontractors have a workers'compensation EMR at or below 1.00? ❑ No fa Yes C. Do any of the CONTRACTOR's Subcontractors have a workers compensation EMR between 1.01 and 1.25? m No ❑ Yes If 7.C. is Yes, OCSD may require that the CONTRACTOR submit evidence from its Subcontractors) of corrective actions being taken to reduce employee workplace injuries, illnesses and workers' compensation losses for each Subcontractor whose workers' compensation EMR is between 1.01 to 1.25. If any Subcontractor is deemed not qualified based on the inadequacy of the corrective action taken to reduce employee workplace injuries, illnesses and workers' compensation losses, CONTRACTOR shall be required to substitute any such Subcontractor. Such evidence shall include any or all of the following for further consideration: • Copy of Subcontractor's IIPP outlining any updates/revisions implemented to reduce future occurrences. • Any training taken place in the last three(3)years to prevent future occurrences. • Any program/policy updates within the three-year period to address their injury rates. 8. Do the CONTRACTOR's Subcontractors have injury prevention programs instituted to the extent required by Section 3201.5 or 6401.7 of the Labor Code? j0 Yes ❑ No 9. Accident Frequency Factor Worksheet a) Total Recordable Incident Rate Calculation Table Using the OSHA Form 300 and 300A logs and the table below, the Total Recordable Incident Rate (TRIR) is calculated for the past three(3)completed calendar years and three(3)year average in the table below. (Please see the California Department of Industrial Relations(DIR)website for more detailed information) BF-6 SAFETY DECLARATION OF CONTRACTOR C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 5 of 7 Bid Submitted By: Shimmick Construction Company,hoc. (Name of Firm) 1) The number of nonfatal injuries and illnesses is determined for each year by: i. Counting the number of OSHA recordable'cases for the year listed on the OSHA Form 300(log)or, it. Using the 300A(summary),adding the number of recordable cases entered in Column H +Column I+Column J to obtain the total injuries and illnesses. 2) The number of employee hours worked is located on the OSHA 300A Summary. 3) Using the formula provided below,the TRIR three(3)year average is calculated: Please see Cakyornis Code ofRegulasons Title 8,Chapter T, Subchapter f,Article 2 for more Information on determining a recordable injury and illness. Total Recordable Injury Rate Formula: #OSHARecordab/elniudeYlUnessesx200000 = Company's Total Recordable Employee Hours Worked For Calendar Year Incidence Rafe # OSHA f Employee =Company's Total Calendar Recordable x200,000 Hours Worked Recordable Year InjunesAllnesses far Incidence Rate Calendar Year ITRIRJ 2016 11 x200,000 1,106,130 (A) 198 2015 7 x 200,000 978,733 (B) 1.43 20 1 4 4 x200,000 632,324 (C) 1.27 TRIR A +B+C =D 3 Year Average 3 b) Accident Frecuenc ,Factor Calculation Table 1) From the Total Recordable Incidence Rate(TRIR)calculated for each year in the table under Item a.) 3.)above,the TRIR for each Calendar Year is copied into the spaces below identified as(A), (B),and(C). The 3 Year Average from the table above(D)is copied into the space below identified as(D). 2) The Bidder's industry NAICS code is hooked up in the DIR Nonfatal Occupational Injuries and Illness in California Summary Tables at httl2://www.dir.ce.gov/OPRUnonfatal.htm for each corresponding year'*. 3) The DIR Industry Average is found for each corresponding year using Table 10 and entered in the spaces below identified as(E), (F),and(G). BF-0 SAFETY DECLARATION OF CONTRACTOR C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 6 of 7 Bid Submitted By: Shimmick Construction Company,Inc. (Name of Firm) 4) The formula provided below is used to calculate the DIR Industry 3 year average; the product is entered into the space identified as(H)below. 5) Using the formula provided,the 3 year Accident Frequency Factor is calculated and the product entered into the space identified as(1)below. "DIR data has an approximate 10 month publishing delay. If the current year is unavailable,please use the previous Inter. For example,2010 DIR data will be used for both 2010 and 2011. Formula. Bidder's TRIR = Accident Frequency Factor DIR Industry Average Calendar Year Bidder TRIR DIR Industry Average 20 16 (A) 1.98 (E) 3.00 20 15 (B) 1.43 (F) 3.00 201 _4 (C) 1.27 (G) 3.00 Bidder's TRIR (D) 1.56 3 Year Average DIR Industry E+F+G =H (H) 3.00 3 Year Average 3 3 Year Accident 0.52 Frequency DM = 1 (I) Facto CONTRACTOR ignature Date Paul C. Camaur Printed Name President Printed Title Shimmick Construction Company, Inc. 237 -Heavy and Civil Eng. Company NAICS Code BF-6 SAFETY DECLARATION OF CONTRACTOR C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 7 of 7 Bid Submitted By: Shiromick Construction Company, Inc. (Name of Firm) BF-7 CONTRACTOR'S LICENSE DECLARATION CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15 8 Public Contract Code Section 3300) The undersigned declares that he or she is(party making foregoing Bid) of Shimmick Construction Company,Inc. hereinafter the"Bidder' Biddees/CONTRACTOR's active and in good standing License Number is as follows: 594575 . If Bidder is a joint venture and it has not secured a joint venture license at time of Bid each joint,vemure partners active and in good standing License Number is as folows: blot Applicable The expiration date of Bidders/CONTRACTOR's License is: 5/31/18 If Bidder is a joint venture and It has not secured a joint venture license at time of Bid,the expiration date of each joint venture partner's individual License is Not Auolicable Type of active License(s): A,B, C10, C13, C51,HAZ Bidder acknowledges that Section 7028.15(e)of the Business and Professions Code and Section 3300 of the Public Contract Code provides, in part,as follows: a. "[A] Bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered Non-Responsive and shall be rejected by the public agency. . . . b. "[A]local agency shall, before awarding a contract...,verify that the Contractor was property licensed when the contractor submitted the bid." c. "Any public entity,...shall specify the classification of the contractor's license which a contractor shall possess at the time a contract is awarded." The undersigned declares, under penalty of perjury,that the representations made by the undersigned in this Bid form offer are true and correct. Executed on C.26117 ,at Irvine CA ate City state Shimmick Construction Company, Inc. Name of Bidder Paul C. Camaur Pooled Name President Pdnted�jl SignatJ e BF-7 CONTRACTOR'S LICENSE DECLARATION C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 1 of 1 Bid Submitted By: Shimmick Construction Company, Inc. (Name of Fbm) BF-8 BIDDER'S SECURITY(BOND) THIS BOND FORM TO BE FULLY EXECUTED (10%of the Total Bid Price) KNOW ALL MEN BY THESE PRESENTS, That we, Shimmick Construction Company, Inc. as Principal, and Liberty Mutual Insurance Company as Surety, are held and firmly bound unto Orange County Sanitation District(hereinafter"OCSD"), in the sum of Ten Percent of Total Amount Bid'" "'""""""' ' Dollars($,o%orTemiamemsa), to be paid to OCSD, its successors and assigns for which payment,well and truly to be made, we bind ourselves, our heirs,executors and administrators,successors or assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if the certain Bid of the above bounden Shimmick Construction Company, Inc. is accepted by OCSD and if the above bounden Shimmick Construction Company Inc. its heirs,executors, administrators,successors antl assigns, shall duly enter into and execute a Contract for such construction, and shall execute and deliver the required Insurance, Labor and Material Payment Bond, and Faithful Performance Bonds and other Contract Documents described,within fifteen(15)days from the date of the award and notice to the above bounden Shimmick Construction Company, Inc. by and from OCSD, that said Contract is ready for execution,then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. In case suit is brought upon this Bond, Surety further agrees to pay all court costs and reasonable attorney's fees of OCSD. IN WITNESS WHEREOF,we have hereunto set our hands and seals this 18th day Of April 1 2017 (Attach Acknowledgments here on Standard Form for each signature) Liberty Mutual Insurance Company Shimmick Construction Company, Inc. Name of Surety (Seal) Name of Contractor (Seal) 1340 Treat Blvd, Suite 400 8201 Edgewater Drive, STE 202 Address Address Walnut Cree Oakla A 94fi2l City, State, Zip Cib{ i Signature ofR a ntative Signal a of Au riz epresentative Jeff Parkhurst ftorne -in-Fact Paul A. Cocotis CEO Printed Name&Tie of Representative Printed Name&Title of Representative 925.979.6717 510.777.5031 Telephone Number Telephone Number BF-0 BIDDER'S SECURITY(BOND) C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 1 of 1 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This PowerofN may IiMs theacts of Nosenamed haMn,and theyhere noauthoill bind Ne Companyexceptin Me mannerand to theextent hereinstaled. Certificate No,T121975 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS.Thal The Ohio Casualty Insurance Company is a corporation duly argansed under the laws of the Stale of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly released under the laws of the Stale of Massachusetts, and West American Insurance Company Is a damaged duly organized under the laws of the Slate of Indiana(herein collectively called the"Companies'),pursuant to and by authority herein set bah,does hereby name,constitute and appoint, Deena Neunane:Jeff Parkhumt:Jonathan Russell;Kathleen Back;Patricia L.Drew all of the city,Of Compound ,slaleof CA each irdividually it there be more Nan one named.As We and lawful adampy-in-hd to make,execute,seal,acknowledge and dealer,RUNS on its behalf as surely and as As act and dead,any and all undertakings,bonds,lecogn¢ences and other surely obligations.it pureuance of these presents and shall be as funding upon the Companies as it they have been duly signed by the president and atlesled by the secretary of the Companies in their con Proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate Beale of the Companies have been affixed thereh this Tth day of April 2017 W ,cy e° W, _ The Ohio Casualty Insurance Company o s I s 1991 Liberty Mutual Insurance Company tl2 m w 2 sCo West merican Insurance Company m v By: � a STATE OF PENNSYLVANIA a as David M.Care ;Assistant Secretary N .. m COUNTY OF MONTGOMERY mm c tipsi On his Tth day of April 2017 before me pauaelly appeared David M.Carry,who acknowledged hlmeelf to be the Assistant Secretary of Liberty Mutual Insurance p f u m Company,The Ohio Casualty Company,and Weil American Insurawe Company, and that M.as such,being authorized so to do,execute IM foregoing instrument for the purposes rut p 2 mere s pontaned Intriguing on betel'of the corporations by tiimseH as a duly authorzed officer Saw m > IN WITNESS WHEREOF,I have Irelnlo subscribed my name and affixed my notanal seal at King of Prussia,Pen nsylvania,on lM day and yeafihd above Soler. QE y a �aA PASla, COMMONWEALTH OF PENNSYLVMM � QAM C W ie `>• so T¢resa Faslellal Wfary Publt By:sand d G � Upper Merlon Twps ManNomery counn Teresa Pemella.Notary Phil C y os MyewhorssanE pass Mard123,2rP ry Oyq� & ii.r.,,Pennsylvania Aw-mr nWfilnec a q C ` This Power of Attorney is made and executed pursuant o antl by authority of IM summer g By fiewa and Authorizations of The Ohio Casually Insurance Company, Liberty Minuet m p Insurance Company,and West American Insurance Company which resolutions are now In full Name and effect reading as follows: $W 00� ARTICLE IV OFFICERS-Section 12.Power ofAffomey.Any officer a other official of the Corporation authorized for Nat surporm in wnfirng by he Chairman or the President,and subject Oe to Such limitation as the Chairman or the President may preaod is shall appoint Such A meyoin-fact,as may M necessary to act in behalf f the Corporation t0 make,exealle,Baal, 0 E acknowledge and d.Iiver as surety any and a underalangs be es,recognizand a ant othasurety obggations. Such attorneys-in-fW, pect t the li mitahons set forth In their maTecre, 9 E powers of adomey,shall have full power to bird the Corporation by their signalae and Stedman of any such Instruments and to SRI therso,the seal come Corporation. When so 1 eraated,arch instruments shall be as board as ilemed by the Ensure and atlesladtoby the Secretary.Any poweraalhonly graded to say representedveorattomey-malunder12 >p llleprovelers of this adds maybe revered a.any time by the Board,de Cromer,the Presilent or by the officaraofficers gronWg such power or ea:farlry. my N tic ARTIOLectuosch InfliatofContracts-man or SSurety Bonds and ypresnce shall such of[he Company authorized maybeforiactinehafor r to Company to make, execute, E� > E andabjet M1' Itendea assurety any an the Lderenlmay presence sucM1 atlorreysJn-fount,as meybenecessary l a [ bM1 f.ith Company to make execute, yNay 0 j Se9,add dg. d endear BS surety any and all CntlelPking3,�ndi. eaegn 2anCe6 and ether surely obligation 6. Sort attorneys in-fact suble..to I'e m,unions sai form In NNr C W it _ '� respectre powers of atleady,shall have fall power t0 bno the Company by their signature and execution Many such instruments and to attach archaic the seal o'the Company. When so 00 executed suchmenn-clue shellM as bonding as If a,gned by the president and ant ed by the serreUry, O oW CeMficaM of Designation-The President ofthe Company,acting pursuant to the Bylaws of the Company,athorman David be Carey,Aasstanl Secretary to appoint Such sMmeys-in- ~� fad as may be necessary to set on behaff of the Company to make,execute,seal,acknowledge and deliver as surely any and all unc edakings,bonds,recogn¢ancas ad other unity obligations. Aulhmlalion-By unanimous con ant of the Company's Board of Directae the Company consents that facsimile a mechanically reproduced signature of any assidant aeaetary of the Company,wherever appeared upon a certified copy of any power of attorney issued by me Company in connection with Surety bonds,shall M valid and binding upon the Company with the same force and effect as though manually affxed. I, Pence C Lwwellya the undersigned, Assistant Surelary, The Oho Casually Insurance Company Liberty Mutual Insurance Company and West American Insurance, Company 0 Mreby artily that ths engine power of atmmey of which tlw foregoing is s Nil,true and coned copy of the Power M Anomey executed by said Companies,is in full farce and effect and has hot laws revrktl. /q ylo - INTESTIMONYWHEREOF,I have hereunto set my hand and afixed the seals of sad Companies this !O dayof ,201�— eFst NtUg� N e,YNKS " Wa{ 1912 � ` 1991 Z Ny' rT r '; ; Renee C.LMwcfiylfAssisaant Secretary Wi s 5 of 200 LMB 12873 W2017 CALIFORNIAALL-PURPOSE 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 Contra Costa On April 18,2017 before me, Kathleen Beck , Notary Public, Date Inset Nerve a Notary mirtlyas a appears w ma omcial seal personallyappeared Jeff Parkhurst Nasecat a ssrrertal who proved to me on the basis of satisfactory evidence to be the pemon(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), OsaKRIHLEEN BECK and that by his/her/their signature(s)on the instrument the Notary VUMIc -California person(s), or the entity upon behalf of which the person(s) Y Contra Costa county acted,executed the instrument. : Colmlfaabn as 2162674 - I certity under PENALTY OF PERJURY under the laws of ^tea Comm.Ea iln Sa t t.2ozo the State of California that the foregoing paragraph is true and correct. a Witness my hand a �Tfi Signature Place . Seal Ahove lu aN-ry Puck OPTIONAL Though the information below is not required by few R may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: April 18, 2017 Number of Pages: 1 Signer(s) Other Than Named Above: Capachy(ies)Claimed by Signer(s) Signer's Name: Jeff Parkhurst Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Ttle(s): ❑ Partner ❑Limited El General ❑ Partner ❑Limited O General d Attorney in Fact ElAttorney in Fact ❑ Trustee a RM Trustee iiiiiiiiiiitelmmoRm ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Tapofthumbhere ❑ Other: ❑ Other. Signer is Representing: Signer Is Representing: Liberty Mutual Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 rcr6:.r�scccccccccrunccssrscccccrF.rF.rcrcxcccccccc ,crrec;a�.r.�.rcrnccc.:crr�.rrrcr<:ccr.M.�.rnc 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 ala✓Vt0/ o\_ /r ) On 0grA ZO rjA7 berforeme, CUAV�r./y!A lNVnvIP �} ei- NCdre vc� NnhIIC. , Date / HZ Insert Name and Title of the Officer n personally appeared �UIn Name(s)of Sigrer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws C0u11- - -NMIE 5- - of the State of California that the foregoing paragraph Notary Pii-Calamxa is true and correct. ,-: Al'i cawmy WITNESS my hand and official seal. Commission a 2178256 N Comm.Es irn Jan 2,2021 Signature 6,{fN U/N New nJ SIgnature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(hii Claimed by Signer(s) Signer's Name: _ _ Signer's Name: F-1 Corporate Officer — Title(s): I I Corporate Officer — Title(s): L-1 Partner — I I Limited I I General I I Partner — I I Limited I I General ❑ Individual I I Attorney in Fact I I Individual I I Attorney In Fact ❑Trustee I I Guardian or Conservator I I Trustee I I Guardian or Conservator ❑Other: I I Other: Signer Is Representing: _ Signer Is Representing: �:c�c.�:cwcvrcz:c-tc 02014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item N5907 Bid Submitted By: Shimmick Construction Company, Inc. (Name of Firm) BF-9 ACKNOWLEDGEMENT OF CONTRACT AGREEMENT AND CERTIFICATION OF ABILITY TO MEET OBLIGATIONS (INCLUDING SAID INSURANCE) AND TO PROMPTLY EXECUTE THE AGREEMENT 1 Paul C. Camaur the President President, Secretary, Manager, Owner or Representative Of Shimmick Construction Company, Inc. certify that the Name of Company or Corporation or Owner requirements set forth in the Contract Agreement within these IFB Documents have been read and understood and that our firm is able to meet the specified requirements. Pursuant to California Labor Code Section 1860, at. seq.. I further certify that"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code,and I will comply with such provisions before commencing the performance of the Work of this Contract." Signature of President, Secretary, Manager, Owner,or Representative Date BF-9 ACKNOWLEDGEMENT OF CONTRACT AGREEMENT C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 1 of 1 Bid Submitted By: Shimmick Construction Comoanv. Inc. (Memo of Firm) BF-10 NONCOLLUSION DECLARATION TO BE EXECUTED By BIDDER AND SUBMITTED WITH BID (PCC § 7106) The undersigned declares: I am the President (idle) of Shimmick Construction Company,Inc. (company name), the party making the foregoing Bid. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham.The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid,and has not paid, and will not pay,any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on / (date), at Irvine (city), CA (state/). Paul C. Camaur Printed Name Signature BF-10 NONCOLLUSION DECLARATION C-BF-021115 CONTRACT NO. J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 1 of 1 Bid Submitted By: Shimmick Construction Company. Inc. IN am.of Flrm) BF-11 CONFLICT CERTIFICATION The Bidder certifies that: 1. The Bidder has not employed directly or indirectly a current or former OCSD person in connection with services to be performed by the Contract;and 2. The Bidder will not employ directly or indirectly a current or former OCSD person in connection with the services to be performed by the Contract; and 3. The Bidder did not receive any confidential information in connection with the services to be performed by the Contract. declare under penalty of perjury,under the laws of the State of California,that the foregoing is true and correct. Executed on a �' at Irvine CA Datd State Paul C. Centaur ident Printed Name Signature of Authorized Official Title BF-11 CONFLICT CERTIFICATION C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 1 of 1 Bid Submitted By: Shim nick Construction Company, Inc. (Name of Firm) BF-12 NON-DISCRIMINATION IN EMPLOYMENT In accordance with General Conditions, Section 9(7), Non-Discrimination in Employment,the Bidder must complete and execute the following: The Bidder declares that it: ❑ Has ® Has Not Violated, or been found in violation by final judgment (after all appeals have been exhausted) of a court of competent jurisdiction, of discrimination pursuant to California law, including, without limitation, Government Code§ 12940 and further declares that: If awarded the Contract, during the performance of the Contract, the Bidder agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Bidder will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,without regard to their race, color, religion, sex, or national origin. Such actions shall include, but not be limited to the following:employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, selection for training or apprenticeship. The Bidder shall include provisions regarding Non Discrimination in employment in every subcontract. 2b /7 Date Signature of Bidder Shimmick Construction Company,Inc. Company Name 16481 Scientific Way Address Irvine,CA 92618 City, State, Zip California State of Incorporation BF-12 NON-DISCRIMINATION IN EMPLOYMENT C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 1 of 1 Bid Submitted By: Shimmick Construction Company, Inc. (Name of Flrml BF-13 NOTARY ENDORSEMENT Paul C. Camaur being duly sworn, deposes and says that I am the Printed Name President of Shimmick Construction Company, Inc. President,Secretary,Manager,Owner,or Representebve Name of Company or Comonnion or Owner and that all statements and information contained in the Bid and made a part of through attachment and/or reference, are true nd correct. 6 Sign Dale ACKNOWLEDGMENT State of California ) County of Qf-A/l p ) On nl . & y o20/9 before me, JOlp, f AiArer& M� '214 personally appeared A"u/ c la'17 � who proved to me on th basis of satisfactory evidence to be the personJ.a'jwhose name(3y is/afa subscribed to the within instrument and acknowledged to me that hatolmhe4 executed the same in his/lyef/tlir authorized capacity(ipi and that by his/Krrweir signature(SJon the instrument the persoro), or the entity upon behalf of which the personaracted, 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. JOLYNN S.BURESH Commission a 2131337 OR� Notary Public-California Signatur of tary Public orange CountyFAQ Comm.6 Ira.0d23 001J1 (Seal) BF-13 NOTARY ENDORSEMENT C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 1 of 1 Bid Submitted By: Shimmick Construction Company,Inc. (Name of Firm) BF-14 SCHEDULE OF PRICES INSTRUCTIONS A. General For Unit Prices, it is understood that the following quantities are approximate only and are solely for the purpose of estimating the comparison of Bids, and that the actual value of Work will be computed based upon the actual quantities in the completed Work,whether they be more or less than those shown. CONTRACTOR'S compensation for the Work under the Contract Documents will be computed based upon the lump sum amount of the Contract at time of award,plus any additional or deleted costs approved by OCSD via approved Change Orders, pursuant to the Contract Documents. Bidder shall separately price and accurately reflect costs associated with each line item, leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid. Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items,which, in summary, provides that the total price for each item shall be based on the Unit Price listed for each Rem multiplied by the quantity;and the correct Total Price for each item shall be totaled to determine the Total Amount of Bid. All applicable costs including overhead and profit shall be reflected in the respective unit costs and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work. including Profit overhead, etc., unless otherwise specified in the Contract Documents. All applicable sales taxes state and/or federal, and any other special taxes. Patent rights or royalties shall be included in the prices quoted in this Bid. B. Basis of Award AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST RESPONSIVE AND RESPONSIBLE BID. THE LOWEST BID IS DEFINED AS THE"TOTAL AMOUNT OF BID" LISTED IN THIS BID, UNLESS OTHERWISE SPECIFIED BELOW. Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment and services for the construction of the Project per the Contract Documents. All Work in the Contract Documents shall be included in Base Bid Items. Bidders shall accurately reflect the cost to perform the Work.OCSD may reject unbalanced Bids. Refer to Part 2—INSTRUCTIONS TO BIDDERS. SF-14 SCHEDULE OF PRICES C-BF-021115 Ali CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 1 of 3 Bid Submitted By: Shimmick Construction Company, Inc. (Name of Firm) EXHIBIT A SCHEDULE OF PRICES BASE BID ITEMS (Refer to Note 1 in the Instructions): Item OescdPtion Unit of Approx Unit Price Extended Price No. Measurement pry. 1. Mobilization as described in Division 01, Section 01155 and in conformance Lump Sum $ 700,000 with the Contract Documents for the lump sum price of... 2. Sheeting, Shoring,and Bracing as described in Division 01, Section 01155 Lump Sum $ Z pt oC0 vo and in conformance with the Contract Documents for the lump sum price of.... 7 3. Rehabilitate existing 84-inch diameter IPP as described in Division 01, Section 01155 and in conformance with the Contract Documents for the unit Linear Feet 3.100 x I, S 48.3`I = $ yr 8'0i'cA .OD price of... 4. Rehabilitate weld joints in existing 120-inch diameter IPP as described in I S 13•Ib _ Z jOs Division 01, Section 01155 and in conformance with the Contract Documents Joints 1,520 x r - $ t for the unit price of... 5. Additional Point Repair of existing 120-inch diameter IPP PVC Pipe Liner Square a as described in Division 01, Section 01155 and in conformance with the 300 x �, Ovo. oo = $ ]Joo, Doo, o Contract Documents for the unit price of... Feet 6. All other portions of the Work set forth in the Contract Documents except for the Work performed in Items No. 1 through 5 inclusive and Lump Sum $ W, ZI&I, Otto.0 0 Item No.7 as described in Division 01, Section 01155 and in conformance with the Contract Documents for the lump sum price of... BF-14 SCHEDULE OF PRICES C-BF-021115 CONTRACT NO.J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 2 of 3 Bid Submitted By: Shirumick Contraction Company.Inc. (Name of Firm) EXHIBIT A SCHEDULE OF PRICES (continued) Irom Unit U Description Unit Price Extended Price No. Measurement of A cry.pry. 7. Wing wall concrete repair as described in Division 01, Section 01155 and in Square 200 x ��5. o o = $ 1151 0 ae- CIO conformance with the Contract Documents for the unit price of... Feet 8. Demobilization including completion of all items on final punch list,final cleanup and processing of final progress payment request, as described in Lump Sum $ 150,000 Division 01, Section 01155 and in conformance with the Contract Documents for a lump sum price of... 1Z ( to 6t�.Zo TOTAL AMOUNT OF BID (BASIS OF AWARD) $—T : ' z, r T r& '}'o IMPORTANT NOTICE TO BIDDERS: Bid Items No. 1 through No.8 will be used to determine the lowest, responsive, responsible Bidder. All Work in the Contract Documents shall be included in Bid Items No. 1 through No. 8 above. BF-14 SCHEDULE OF PRICES C-BF-021115 CONTRACT NO. J-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION Page 3 of 3 SHI lCK SCCI: 0001 c ucrioN 16 C8D I�Fv @nrin May 23, 2017 `.f'iOj Via email (construction(n ocsd.com) and Overnight Mail Orange County Sanitation District Attention: Natasha Dubrovski Principal Contracts Administrator 10844 Ellis Avenue Fountain Valley, CA 92708 Re: Flatiron West's Protest of the Bid Submitted by Shimmick Construction Co., Inc. On The Interplant Effluent Pipeline Rehabilitation Project Contract No. J-117A Attachment: CL Industrial Coatings Qualifications List Subject: Shimmick's Response to Flatiron West, Inc.'s Protest Dear Ms. Dubrovski, Please accept this letter as Shimmick Construction Co.'s("Shimmick")formal response to Flatiron West, Inc.'s ("Flatiron') letter entitled, "Protest of the Bid Submitted by Shimmick Construction Co. Inc.("Shimmick") for the Orange County Sanitation District ("OCSD") project known as the Interplant Effluent Pipeline Rehabilitation Project ("Project"), Contract No. J-117A. Flatiron's protest fails and OCSD must award the Project to Shimmick because: 1. Flatiron misinterprets the bid requirements, as the bid documents authorize the bidders to meet the bid experience qualification requirements through the bidder's own experience or that of its subcontractors, which Shimmick has done; and 2. Flatiron misstates Shimmick's and its listed subcontractors' qualifications, as Shimmick's experience on the J-110 Final Effluent Sampler and Building Area Upgrades & P2-96 Site and Security Upgrades project ("J-110 Project") and Shimmick's listed subcontractors' experience are of a similar scope and magnitude as this Project and meet or exceed the bid's qualification requirements. Thus, OCSD must award the Project to Shimmick, the lowest responsive and responsible bidder. If OCSD does not award the contract to Shimmick, then Shimmick requests that OCSD: • Refrain from awarding the Project to any other bidder until this protest is formally resolved; • Provide any and all documentation in support of OCSD's determination; and • Allow Shimmick its guaranteed due process safeguards by giving Shimmick a formal hearing and an opportunity to respond to OCSD's position. Shimmick Construction Company, Inc. 16481 Scientific, Irvine, CA 92618 Flatiron's Protest Is Limited To Whether Shimmick Has The Requisite Experience Utilizing Ameron T-lock Products To Meet The Bid Requirements, As Flatiron Admits That Shimmick Meets the Bid's Other Qualification Requirements In its letter, Flatiron states that the basis for its "protest of award is due to the failure to meet the specified Contractor Qualifications Requirements as outlined under Bid Submittal Forms BF-4." In particular, Flatiron asserts that Shimmick and its subcontractors do not have sufficient experience to meet the requirements of Bid Submittal Form, BF-4, Section A.3.a, as they do not have comparable experience with pipeline rehabilitation projects that utilized the Ameron T-lock product. Because Flatiron's letter does not identify any other basis for its protest, as required by the bid documents, Flatiron has waived any other arguments. (See IB-29B2, Filing of Protests and Protest Procedures). Flatiron's bid protest also does not state whether it claims that Shimmick's bid is non-responsive or if Shimmick is not a responsible bidder. In general, the test for responsiveness turns on whether or not a bid conforms with the requirements of the bid solicitation documents. (Konica Business Machines U.S.A. Inc. v. Regents of University of California, 206 Cal. App. 3d 449, 454 (1988)). A bid is responsive if the bidder: properly has completed and submitted the correct bid forms; has affirmed that it will enter into a contract with terms consistent with those in the bid solicitation documents; and, is licensed to perform the work. (Great West Contractors, Inc. v. Irvine Unified School District, 187 Cal. App. 4th 1425, 1453-1454 (2010)). Here, Flatiron does not protest the responsiveness of Shimmick's bid, but requests that OCSD look beyond the four corners of the bid and examine the qualifications of Shimmick and its subcontractors. The inquiry as to whether a bidder is responsible, involves the evaluation of the bidder's qualifications to perform the work. The standard of bidder responsibility is set forth in Public Contract Code section 1103, which defines a responsible bidder as "a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract." Flatiron bases its protest on a faulty reading of the bid requirements and a misinterpretation of Shimmick's prior experience on the J-110 Project. The requirements under Bid Form BF-4 stipulate that the bidder shall have at least five (5) completed projects of similar scope and magnitude within the past ten (10) years of experience performing water and/or wastewater pipeline construction and rehabilitation projects. The bid documents further provide that "[t]he listing of experience shall clearly identify whether the experience is that of the Bidder or Listed Subcontractor(s)". Thus, the bidder may qualify through a listed subcontractor or its own experience (See Bid Form, BF-4, page 1 'of 15, "Bidder may qualify through demonstrated experience of listed Subcontractor(s)and demonstrated experience in all the areas listed below.") In its bid, Shimmick lists five (5) projects performed in the past ten years that are of similar scope and magnitude as the Project. Flatiron admits that Shimmick has met the requirements of Section A.3.b of Bid Form BF-4 (relating to the CFRP/GFRP scope of work), as Flatiron and Shimmick both listed the same subcontractor to perform this scope of work and relied upon that subcontractor's experience in their respective bids. Thus, the only issue in Flatiron's protest pertains to Shimmick's compliance with the requirements of Bid Form, BF-4, A.3.a relating to Shimmick and/or its listed subcontractor's T-Lock experience. As discussed below, if OCSD reviews Shimmick's entire scope of work and experience on the J-110 Project, it must find that the J-110 Project is of similar scope and magnitude as this Project. Shimmick Construction Company, Inc. 16481 Scientific, Irvine, CA 92618 Flatiron Misstates Shimmick's Experience On the J-110 Project, As The J-110 Project Was of Similar Scope and Magnitude As This Project Bid Form, BF-4, A.3.a, requires that the bidder or its subcontractors have experience installing Ameron's T-Lock product on projects of similar scope and magnitude. (See Bid Farm BF-4, A.3.a). In response to this section, Shimmick listed its work on the J-110 Project. Flatiron incorrectly concludes that the scope of work on the J-110 Project is insufficient, as Flatiron mistakenly asserts that the pipeline repairs for the J-110 project consisted of only 800sf of T-Lack repair work within a 30001f pipeline. Flatiron's representation of the J-100 Project is simply incorrect. The J-110 Project scope consisted of approximately 800sf of concrete and T-Lock Repairs and 3,0001f-of-PVC—lining-repairs-within- 120"-pipeline-with--value-ofapproximately-$800-000--T-he ----- scope of work that Flatiron references also does not include the more than 11,000sf of epoxy/polyurethane coating repairs that was performed by Shimmick inside the pipelines and in confined spaces that by itself had an additional value of approximately$400,000. The cumulative scope of these items of work on the J-110 Project when considered in total, are of a similar scope and magnitude as this Project. Further, as OCSD is aware from the J-110 Project, Shimmick is well-trained and certified by Ameron (the specified and required manufacturer) in the installation of PVC liners and coatings. OCSD is also familiar with the quality and timeliness of Shimmick's work on the J-110 Project. Thus, OCSD can and should consider Shimmick's entire scope of work on the J-110 Project, including its successful partnership with OCSD, and find that Shimmick's bid response meets the Project's bid qualification requirements.' Based on the above, Shimmick's experience on the J-110 Project conforms to the bid's qualification requirements. Indeed, Shimmick's bid response is completely responsive and Shimmick is a responsible bidder, as Shimmick has listed the requisite number of projects and has provided the requisite experience. However, to alleviate any potential concerns OCSD may have, attached are the qualifications for CL Industrial Coatings, Shimmick's listed subcontractor, who will be performing the T-Lock joint repair work on the Project.2 While Shimmick's qualifications submitted on bid day completely and strictly meet the bid's qualification requirements stated in Bid Form BF-4, Shimmick offers this additional information to further assist OCSD in its determination and to further show that Flatiron's bid protest lacks merit. Based upon the foregoing, OCSD must find that Shimmick is the lowest responsive and responsible bidder on the Project and that Shimmick has met the bid's Required Contractor Qualifications. If you have any questions regarding the foregoing, or need additional information, please contact me. Sincerely, - Paul Camaur President ' The law allows OCSD to consider Shimmick's prior experiences in a responsibility inquiry. (Great West Contractors, Inc. v. Irvine Unified School District, 187 Cal. App. 4th 1425, 1451 (2010).) I OCSD may consider CL Industrial's experience, as, in general, the responsibility analysis considers the details of the bid documents as well as materials beyond the bid. (Great West Contractors, Inc. v. Irvine Unified School District, 187 Cal. App. 4th 1425, 1451 (2010)). Shimmick Construction Company, Inc. 16481 Scientific, Irvine, CA 92618 Shim mick Construction Company, Inc.:Orange County Sanitation District—CONTRACT NO.1-117A INTERPLANT EFFLUENT PIPELINE REHABILITATION ATTACHMENT A Project Name and Role: Description of Work Owner's Name, Final Completion Location Prime or (Also include name of company who did the work) Address,Phone No., Contract Date Sub Project Manager or Value Project Engineer OCSD Plant 1 and Sub Murphy Industrial Coatings/CL Industrial Coatings(Project Manager Rick OCSD 2 and Magnolia Suttles) Monica Sanchez Trunk Sewer 1. Headworks 714593-73,09 $3,850,000 2014 Rehabilitation 2. Magnolia Truck Sewer Rehabilitation $ 396,700 2014 3. Trickling Filters $2,120,000 2012 4. Primary Clarifiers $3,446,053 2008 Hyperion WTP Sub Murphy Industrial Coatings/CL Industrial Coatings (Project Manager Tom City of Los Angeles 12000 Vista Del Hutchinson) Mar 1. Primary Battery B Modifications Project—Install 117,000 sqft and weld Project Manager $1,564,000 2007 Playa Del Rey 2. Influent Channel Bulkhead and Covers Rehabilitation Steve Gonzales $ 18,500 2007 CA 90293 3. IPS Concrete and Liner Repair 310 991-2239 $ 28,757 2010 4. Bulk Head Liner Repair $ 59,000 2014 LACSD Sub Murphy Industrial Coatings/CL Industrial Coatings (Project Manager Tom Los Angeles County Vesta Pump Hutchinson) Sanitation District Station 1. Vesta Pump Station—Repair existing wet well and intake pipeline 562 908-4288 $ 117,000 2012 City of Modesto Sub Murphy Industrial Coatings/CL Industrial Coatings (Project Manager Tom City of Modesto Emerald Lift Hutchinson) 209 577-5462 Station 1. Emerald Lift Station—New wet well and repair intake pipeline $62,000 2014 City of Manteca 1. Manteca Pump Station—Repair existing wet well with Arrowlock $ 522,497 2014 Manteca Pump Sub City of Manteca Station 209 456-8400 Napa Influent PS Sub 1. Napa Influent Pump Station New wet well and repair intake pipeline $ 548,700 2015 1515 Soscol Ferry Rd Napa CA Napa Sanitation District 707 258-6000 Serving: Orange County Sanitation District Anaheim 10844 Ellis Avenue,Fountain Valley,CA 92708 714.962.2411 • www.ocsd.com Brea Buena Park June 1, 2017 Via email: icartertc7.flatironcorp.com Cypress & Overnight Mail Fountain Valley Fullerton Dale A. Nelson, Vice President Flatiron West, Inc. Garden Grove 1770 La Costa Meadows Drive San Marcos, CA 92078 Huntington Beach SUBJECT: OCSD Response to Flatiron West, Inc. Bid Protest Irvine Re: Contract No. J-117A, Interplant Effluent Pipeline Rehabilitation La Habra': La Palma This letter is Orange County Sanitation District's (OSCD) response to the Bid Protest filed by Flatiron West, Inc. (Flatiron) dated May 18, 2017. OCSD has Los Alamitos reviewed the protest and all necessary fads and written materials submitted and Newport Beach hereby denies the relief requested based on the following: Orange In summary, Flatiron submitted an "Award Protest" contesting the award of the above referenced project to Shimmick Construction Company, Inc. (Shimmick). Placentia Flatiron claims that the bid Shimmick submitted was unacceptable and should be rejected due to an alleged failure to comply with the specified Contractor Santa Ana Qualifications Requirements as set forth in Bid Submittal Form BF-4. Seal Beach The alleged bid defect concerns the requirement to submit a list of at least five Stanton projects of similar scope and magnitude as the current project, completed within the past ten years that demonstrate experience performing water and/or Tustin wastewater pipeline rehabilitation projects using Ameron T-lock and CFRP/GFRP Villa Park Liner Systems. Flatiron contends that Shimmick did not demonstrate sufficient experience related to Ameron T-lock repairs. Further, Flatiron alleges that this County of orange deviation renders Shimmick's bid unacceptable, but does not clearly state whether its contention is that Shimmick's bid is non-responsive or not Costa Mesa responsible. Regardless, after careful review of the documents submitted, these Sanitary District allegations lack merit. Midway City Sanitary District Responsiveness lwine Ranch In general, the test for responsiveness turns on whether or not a bid conforms to Water District the requirements of the bid solicitation documents. (Konica Business Machines coma Linda U.S.A. Inc. v. Regents of University of California, 206 Cal. App. 3d 449, 454 Water District (1988). A bid is responsive if the bidder: properly completed and submitted the correct bid forms; affirmed that it will enter into a contract with the terms consistent with those in the bid solicitation documents; and, is licensed to perform the work. (Great West Contractors, Inc. v. Irvine Unified School District, 187 Cal. App. 411 1425, 1453-1454 (2010)). Here, Bid document BF-4 required Our Mission: To protect public health and the environment by providing effective wastewater collection, treatment, and recycling. t+ ry c �y bb 9ry dbi ry P�\P Dale A. Nelson Page 2 of 3 June 1, 2017 the Bidder to submit a minimum of five projects completed within the past ten years that demonstrate experience with Ameron T-lock and CFRP/GFRP. Based on the language of the bid, at least one of the five projects listed should demonstrate Ameron T-lock experience and at least one of the five projects listed should demonstrate CFRP/GFRP experience. Shimmick properly submitted five projects that demonstrated sufficient experience. Additionally, the protest seems to assert that Shimmick would be required to utilize a subcontractor to complete the Ameron T-lock. Instead, the bid documents required the Bidder to state whether the list of experience is that of the Bidder or the listed Subcontractor(s). This, the Bidder may qualify through a listed subcontractor or through its own experience. In this case, Shimmick is qualified based on its own experience and does not need to qualify a subcontractor. Flatiron's protest appears to be based on a misunderstanding of the bid requirements. Shimmick listed five projects performed in the past ten years that are of similar scope and magnitude as the current Project. Responsibility To determine whether a bidder is responsible, OCSD is required to evaluate a bidder's qualifications to perform the work sought. Public Contract Code section 1103 defines a responsible bidder as "a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract." Here, it appears that Flatiron misinterpreted Shimmick's experience on OCSD's J-110 Project, the one project Shimmick submitted to demonstrate Ameron T-lock qualifications. The scope of the J-110 Project was the same as the scope of the J-117A Project in that both projects include the repair and/or replacement of Ameron T-lock liner by PVC welding procedure. Moreover, the J-110 Project pipe was the same diameter as the pipe that will be used in the J-117A Project. In fact, the current Project is in the same pipe just different section than the J-110 Project and therefore has the same interior working size, same interior working conditions, and the same safety requirements to perform the work. While the Flatiron protest underestimates the magnitude for the J-110 Project, the OCSD's position is that the work required by J-117A project requires certified staff to perform repetitive action including welding preparation, welds, and follow up quality testing. If the successful bidder's staff is qualified to perform a single weld, then they are qualified to perform multiple welds, regardless of the amount. *HE Dale A. Nelson Page 3 of 3 June 1, 2017 Determination Here, Shimmick's experience on the J-110 Project conforms to the bid's qualification requirements. OCSD has carefully reviewed the bid submitted by Shimmick in accordance with statutory requirements and OCSD's procedures, and has determined that the bid submitted by Shimmick is both responsive and responsible. OCSD reviewed the Flatiron Bid Protest finds that the Flatiron Protest allegations are unfounded. OCSD will proceed to recommend award of the Contract No. J- 117A to the lowest responsive and responsible Bidder, Shimmick Construction, Inc., at the Board of Directors meeting on June 28, 2017. Marc Dubois Contracts, Purchasing and Materials Management Manager MD:NKD:yp