HomeMy WebLinkAbout25A - SEWER VIDEO INSPCETION SERVICESREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 8, 2009
TITLE:
AGREEMENT WITH HOUSTON HARRIS
PCS, INC. FOR SEWER VIDEO
INSPECTION SERVICES
~- (i
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15S Reading
^ Ordinance on 2rd Reading
^ Implementing Resolution
^ Set Public Hearing For!
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepar
the Clerk of the Council to execute
Inc. for television inspection of
amount of $300,000.
e and authorize the City Manager and
an agreement with Houston Harris PCS,
sanitary sewers for a not-to-exceed
DISCUSSION
The City owns and maintains a sanitary sewer collection system consisting
of 390 miles of pipelines and 7,600 manholes. Closed circuit television
(CCTV) technology is utilized to assess the condition of sewer mains and
identify system deficiencies. The City has historically utilized
consulting firms to provide CCTV inspection services. To date,
approximately 366 miles (94~) of the sewer system have been inspected
using CCTV technology.
The proposed contract for sewer CCTV inspection is intended to provide
for inspection of approximately 71 miles of pipeline. The project budget
is set at $300,000.
Requests for Proposals were sent to seven firms. Five responses were
received and evaluated by a five-member selection committee. Only two
firms scored above the minimum acceptable score of 70. Sealed fee
envelopes were then opened and the fee proposals were analyzed. Listed
below are the ratings and proposed fees of the two top-rated firms.
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Agreement with Houston Harris
PCS, Inc.
September 8, 2009
Page 2
Rating Fee
Houston Harris PCS, Inc.
89 $0.80 per linear
foot
Downstream Services, Inc.
Innerline Engineering
Empire Pipe Cleaning and
Equipment, Inc.
Advanced Sewer Technologies
84 $1.70 per linear
foot
68 Not Opened
60 Not Opened
38 Not Opened
Houston Harris PCS, Inc. was selected as the top rated firm. Their
proposal was superior and they have extensive experience providing sewer
CCTV services. Their proposed fee of $0.80 per linear foot of sewer
inspection includes all of the work required to clean and inspect the
sewer mains including traffic control, diverting sewage flow where
needed, root cutting where required, disposal of sewer cleaning wastes,
and data processing to provide a finished product that meets the City's
requirements.
Staff recommends that Houston Harris PCS, Inc. be retained for this
project. They are a well-qualified and reputable firm with experience in
similar type of projects.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available in the Sanitary Sewer Service Fund (account no.
05617640-62300.)
APPROVED AS TO FUNDS AND ACCOUNTS:
.,
George Alva ez Francisco Gutierrez r~ p.
Acting Executive Director Executive Director
Public Works Agency Finance & Mgmt. Services Agency
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CONSULTANT AGREEMENT
THIS AGREEMENT made and entered into this 8`" day of September, 2009 by and
between Houston-Harris PCS, Inc., a California corporation (hereinafter "Consultant"), and the
City of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
cleaning, inspecting and video taping sanitary sewer mains.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1• SCOPE OF SERVICES
Consultant shall perform those services as set forth in City's Request for Proposal For
Television Inspection of Sanitary Sewers, incorporated by reference to this Agreement, and
Consultant's Proposal, attached hereto as Exhibit A, and incorporated by this reference.
3• DELIVERY OF WORK PRODUCT -OWNERSHIP
Consultant warrants and represents that it has the absolute right to enter into and perform
this Agreement and will perform its obligations hereunder in accordance with standards and
practices prevailing in the industry. Consultant's contribution to the Project, including works to
be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or
personal rights of any third person or party. Consultant shall deliver to City any work product
which results from the services provided. Said work product shall be submitted in hard copy and
produced in a form compatible with City's information systems, as agreed between the Project
Manager and Consultant.
In regard to all material produced as a deliverable under this Agreement, including but
not limited to records, papers, drawings, specifications, programs, systems and other materials
prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents,
contractors, and volunteer workers, that (a) other such material shall be the property of the City,
and may not be copyrighted without prior review from the City, and (b) the authors of all such
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material, whether copyrighted or not, award to the City, and to its officers, agents and employees
acting within the scope of their official duties, as a condition of payment to the Consultant, a
royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes
to disclose, publish, translate, reproduce, and use such materials.
3. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement shall not exceed $300,000.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
4. TERM
This Agreement shall commence on the date first written above and terminate on June 30,
2010, unless terminated earlier in accordance with Section 14, below. This Agreement maybe
renewed for up to three additional one-year periods upon the written agreement of the parties.
The term of this Agreement maybe extended upon a writing executed by the Executive Director
of Public Works and the City Attorney.
5. CITY OBLIGATIONS
City shall provide Consultant with all records in the possession of City which will be of
assistance to Consultant in the performance of this Agreement.
6. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
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a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a)
name the City, its officers, employees, agents, volunteers and representatives as additional
insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the
City; and (c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
e. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
8. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the Ci
ty, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
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for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
9• CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
10. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
11. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
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To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. BOX 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Public Works Agency
City of Santa Ana
220 S. Daisy Avenue, Bldg A (M-85)
Santa Ana, California 92703
telefacsimile (714) 647-3345
Attn: Water Resources Manager
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. BOX 1988
Santa Ana, California 92702
To Consultant: Houston-Harris PCS, Inc.
21831 Barton Road
Grand Terrace, California 92313
Attn: Pam Houston
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal,
state, County or City holidays shall be excluded.
12. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
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with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
13. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
14. TERMINATION
This Agreement maybe terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
15. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry
or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an a ual o
and shall comply with all applicable federal, state and local laws andgregulation~nity employer
16. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
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17. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for terYnination of this
Agreement.
Ig• MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
CITY OF SANTA ANA
DAVID N. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
CONSULTANT
By:
Laura Sheedy
Assistant City Attorney
HOUSTON-HARRIS P.C.S., INC.
PAMELA D. HOUSTON
President
Tax ID#
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EXHIBIT A
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Work Plan
Cleaning Operation
Houston & Harris utilizes Vector Combination Cleaning trucks. In addition to one
Yactor unit assigned to this project on a daily basis, five additional Vector units are
available. $eing thoroughly familiar with the area, city procedures aad protocol required,
reduces bst production. Nght work has been factored into the propose] to account for
~ both high tra$xc and flow.
The following procedwes will be followed on a daily basis:
After reviewing the maps to determine the start location, the eperator will fill the Vector
tank with water from a hydrant utilizing the city supplied water meter, for hydro-flushing
'~ Purposes. This Procedure will occur throughout the day. The operator then assesses
manhole locations ensuring the safest position of the vehicle prior to setting up to begin
the washing process. Included in this set-up procedure are assurances of traffic cones
around work area and equipment as well as the use. of gas detector meter readings
indicating safe removal of manhole lids. Traffic control will be provided when necessary.
Once the tocatian is deemed safe, the manhole lid is removed. The appropriate cleaning
nozzle for the task is chosen and attached to the Vector hose. The operator starts on the
downstream manhole and runs the nozzle to the u
as the hose is pulled back. When neces ~~ manhole to hydro-flush the line
sary, in addition to the h tiro-flushin a vawum
Process is applied to the line. Y g.
After the hydro-flushing process is complete, the operator replaces the manhole cover
back on the rnanhoie and safely moves to the next Location. Documeraation is validated
by the oPeTator utilizing a city supplied scantron sheet that includes details such as,
material in the line, type of nozzle used, and how many passes were needed on a
particular line segment.
This process is repeated for each line segment.
Video ~nSpeCtiOn OperatlOhS
Houston & Barris utilizes RST video inspection equipment. In addition to one Video
Inspection unit assigned to this project on a daily basis, three additional Video Inspection
units are available.
The following procedums will be followed on a daily basis:
`~~ ~~'u!8 the maps to determine the start location, the operator assesses manhole
locations to ensure the safest positioning of the vehicle, and sets-up to begin the video
process. Traffic control will be provided when necessary. Included in set-up procedures
are assurances of traffic cones around work area and equipment and use of gas detector
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Work Plan
meter readings indicating safe removal of manhole lids. Once the location is deemed safe,
the manhole lid is removed.
The operator enters necessary line identification information including, manhole number,
line ID number, and pipe material & size into data base. The camera is then placed on the
ground next to the open manhole. Using the camera view, the operator records the visual
inspection ofthe rungs, the cone and shat}, in-coming and out going lines to assess
condition. The operator lowers the camera into the channel to record and view the invert
of the pipe.
Once the invert view is recorded, the video equipmern is set-up for inspection of the line.
The operator's voice is recorded reading the video overlay. The operator cornrols the /
camera in the line to video aU views and is responsible for proper camera height and /
lighting. Pipe defects such as, breaks, cracks, off-set joims, roots, grease, infiltration and
ex-filtration are noted in audio and through data entry. Defects are archived as Jpeg files.
Other observations such as service connections, break-in connections and protruding taps
are also noted.
This process is repeated f°r each line segment.
Quality ControllData Conversion
All recordings are stored on a removable, digital hard drive which consists of videos, /
Jpegs and a Microsoft Access database for the inspected work and are delivered to the V
Houston & Harris Quality Control Departrnent daily.
Every line inspected is checked for quality, accuracy and confirms all contract
requiremerns are met.
Data inserted in the database is checked for accuracy, compared to the City's Map ands
an Excel Spreadsheet, supplied by the City, which includes all line segments for the
entire sewer system. During this process we check the wash logs. ensuring they match thq~
sewer lines inspected that particular day. Once all data is verified to be correct the QC //
process begins.
Our QC tech views each video in its entirety first checking for proper lighting and
centering of the camera. The video must have a clear picture, free of any kind of
distortion or interferences and the audio must be clear and concise. Every Iine must als~
begin with a view of the open manhole proceeding uninterrupted in the downstream
direction with the insertion of the camera into the manhole.
All sewer lines are inspected using NASSCO's standard coding system. During the QC
process all Iines are checked for the proper logging of each defect. All defects must be
accurately coded using the proper NASSCO code, o-clock position(s) .and footage. The
inspection shat] include location of all laterals
filtration and other conditions pertaining to the sewer line. If durin thenfiltration, ex,
g QC process the
10
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Worl~ Plan j
line is deemed to be unsatisfactory, the line is rejected and re-inspected. After the lines
have passed the QC process they are saved on multiple hard drives ensuring nothing is
lost if the working hard drive should fail.
Once this step is complete all line segments are logged on an Parcel Spreadsheet. 'this
spreadsheet shows progress of our current task and includes important information we
feel the City should be aware o1 including RVP information, Red Flags, etc. Any lines
having major defects or need immediate at~ention from the City will be forwarded to the
proper personnel as a Redd G`;,,'L7 .
The deliverables process consists of four steps. The fast step requires breaking down the
current task into folders with unique database numbers provided by the City. Each folder
will wntaiti videos, Jpegs, and MS Database & PDF reports. The second step involves
checking the database for blarilc gaps or unnecessary information. This ensures a smooth
transition when merging the data into the City's system. The third step consists of
Printing the hard copy report siottg with a summary report for each line segment. This
summary report includes the operator, date, from and to manhole numbers, pipe size,
material and length inspected. During this process the PDF reports are generated using
Adobe Acrobat. The final step entails converting the original l~pegl videos into the
City's standard WMV video. The video size will be reduced to about 15% of the original
size while still providing a high quality video. After the completion of this step ail da
will be put on a standard USB 2.0 hard drive and delivered to the City for review.
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City of Santa Ana, PWA
RFP -Professional Services for CCN inspection of Sanitary Sewer Mains
CITY OF SANTA ANA
Professional Services for CCN Inspection of Sanitary Sewer Mains
FEE SCHEDULE
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM: Houston 6 Harris PCS, Inc
REQUIREMENT:
The undersigned deGares that he/she has carefully examined the request for proposal, that
he/she has examined the Proposed Scope of Services, and hereby proposes to furnish all
material and do all the work required to complete the said work in accordance with said
Proposed Scope of Services, for the unit price{s) set forth in the following schedule:
Item # Bid Item Unit uanti ni a unt
~ 7. Sewer Main Hydro Washing LF 300,000 $ 0.235 $ 70, 500.00
(Cleaning)
2. Sewer Main CCTV Inspection LF 300,000. $ 0.485 $145, SOO. oU
3. Data Processing LF 300,000 $ 0.08 $ 24, 000.00
Total $ 240.000.00
BIDDER
Ftrm Houston & fra rte - .C n
Address 21831 Barton Road
Graad Terrace, CA 92313
Phone(s) g09-422-8990
Bidder ~Q
Signature ! ~/ rn-~- i'bL-~.7`-+~~..~
30
12
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