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CONTRACT 6206 Public Works ContractAgreement No. 6206 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND STEPHEN DORECK EQUIPMENT RENTALS, INC. WATER MAIN IMPROVEMENTS ON GRAND AVENUE PROJECT NO.: PW 21-05 This CONTRACT is entered into this 20th day of October, 2021 by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and STEPPE N DOkECK EQUIPMENT ENT RENTALS INC.. a California corporation ("the Contractor"). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work"). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the: labor; supplies and materials„ equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be l"urmished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Strpplernentar), Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings,-, Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Doctrntents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed ONE MILLION. FIVE 14LINDRED NINETY-Elt;niiHI' "I"IIOUSAND, ONE HUNDRED Si TY- IVQ DOLLARS AND EIGHTY CEN°I'S ($1,59.162. (1) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. 3. TIME FOR PERFORMANCE. I-D-1 Agreement No. 6206 A. The Contractor will fully complete the Work within one hundred thirty-five (135) working days (the "Contract Time.") B. The Contract Time will commence when the City issues a Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third -party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data; studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits I-D-2 Agreement No. 6206 of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The Cily City of El Segundo 350 Main Street, El Segundo, CA 90245 Lifan Xu, City Engineer (310) 524-2368 lxu@elsegundo.org The Contractor Stephen Doreck Equipment Rentals, Inc. 9075 Telegraph Road Pico Rivera, CA 90660 Catherine R. Doreck, President (562) 949-4949 catherine@doreckconstruction.com Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the I-D-3 Agreement No. 6206 time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 16. SEVERABILITY. if any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 1-D-4 Agreement No. 6206 21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO STEPHEN DORECK EQUIPMENT RENTALS, INC. Scott �- Mitnick Catherine R. Doreck City Manager President EST: W, q /I W- Tracy Wea , City Clerk APPROVED AS TO FORM: MARK D. I -TENS EY, City Attorney By: _1,. Joaquin azquez, Deputy � ity Attorney Insurance Reviewed by: W ,. Hank Lu, Risk Manager 1-D-5 Taxpayer ID No. oZ U — -5—W9 Contractor State License No.: f0 roy Agreement No. 6206 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On 12/21/2021 before me, Sylvia Sifuentes N'otar Public (insert name and title of the officer) personally appeared Catherine R. Doreck who proved to me on the basis of satisfactory evidence to be the person(4) whose name(p) istmg subscribed to the within instrument and acknowledged to me that he/IMMAY executed the same in his/pp//fit authorized capacity(AW), and that by his/V#f/their signature(#) on the instrument the person(#), or the entity upon behalf of which the person(j) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ''�A (Seal) Sylvia 6uen��'46ary Public) zk N SYLVIA V. SIFUENTES Notary Public - California Z Los Ang0e5 County CommisV00 # 2257818 My Comm. Expires Oct 8, 2022 Agreement No. 6206 THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT FAITHFUL PERFORMANCE BOND WATER MAIN IMPROVEMENTS ON GRAND AVENUE PROJECT NO.: PW 21-05 Bond No. 2326415 Bond Fee: $13,881.00 STEPHEN DOREtr::1 E 1IZPM��LS, II C. ("PRINCIPAL") and %Arrwr"scan S eciait insurance Com aru , a corporation incorporated under the laws of the State of New_Hampshire and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL: SEGUNDO ("CITY") in the sum of ONE MILLIONFIVE HUNDRED NINETY-EIGHT THOUSAND ONE HUNDRED SIXTY-TWO DOLLARS AND EIGHTY CENTS ($1 5 §1.80), lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, SPECIFICATIONS AND PLANS NO. PW 21-05, and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS AND PLANS NO. PW 21-05, a copy of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's plans and profiles which are made a part of this bond when said plants and profiles are approved by the City Council and filed with CITY's Engineering Division. CITY has estimated the required amount of the bond as shown above. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. I-E-1 Agreement No. 6206 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS AND PLANS NO. PW 21-05 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPA.L's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I-E-2 Agreement No. 6206 SIGNED AND SEALED this 7th day of December , 20 21 North an y nsura ce Company ate hen Doreck Equip t Re I Inc. _ a .t1 IPAL's PRESIDE RIi R IPAL's SECRETARY PRINCIPAL's MAILING ADDRESS: IS XYMIQUQM Arturo Ayala, Attorney -in -Fact SURETY'S SECRETARY SURETY's MAILING ADDRESS: Stephen Doreck_Equi menuRentals, Inc. North American S e�cialty Insurance Company Q75 T ra h Road Pico Rivera, CA 90660 Los An ales CA 90017 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. I-E-3 Agreement No. 6206 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On 12/13/2021 before me, Sylvia Sifuentes Nota Public (insert name and title of the officer) personally appeared Catherine Doreck and Pablo Viramontes , who proved to me on the basis of satisfactory evidence to be the person(4) whose name(p) is/JWP/ subscribed to the within instrument and acknowledged to me that he/I!1(OW executed the same in hisljgy/�ftlf authorized capacity(O N), and that by his/r#f/their signature(4) on the instrument the person(j), or the entity upon behalf of which the person(j) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. k y u�Ay�p SYLVIAV. SIFUENTES Notary Public - California "w Los Angeles County Commission # 2257818 My Comm. Expires Oct 8, 2022 Signature-- (Seal) Sylvia me (Notary Public) Agreement No. 6206 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 Orange ) On 12/07/2021 before me, Melissa Ann Vaccaro Nota Public (insert name and title of the officer) personally appeared Arturo Ayala 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 of the State of California that the foregoing paragraph is true and correct. ARD WITNESS m hand and official seal. h'iE COMM.ISSA 22413 4 y ry � � OMM. #22413J4 N Notary Public -California V `4 ORANGE COUNTY a Comm Expires May 12 2022 Sig natu (Seal)., Melissa Ann Vaccaro SWISS RE CORPORATE SOLUTIONS Bond No. 2326415 NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALI., MIEN BY THESE SE Pit.ES1.NTS, 'l" 1lA f North American Specialty Insurance Company„ a corporation duly organized and existing Linder laws of State of New Hampshire, and hawing, its principal office in the City of Kansas City, Missouri and. Washington International Insurance Company a corporation organized and existing under the laws of the State of N'evw Hampshire and having its principal office in the City of K ansas. City, Missouri and Westport Ilisurance Corporation, or ganized under the laws of" the State ofM'issoud, grid having its principal office in each the City ofKansas City, Missouri, does hereby make consthrl a and appoint: DANIEL HUCKABAY, ARTURO AYALA, DWIGHT REILLY, SHAUNNA ROZELLE OSTROM, FRANK MORONES MICHAEL D. STONG, BEN STONG, and R. NAPPI JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." yA1piN�MwMWYyp Ya�Calptayy�� ? h " , Steven P. Anderstm Sonior Vick President or w uahm9too Inr¢roational Insuranee� Company 'By � .' ""•"' S'�l— & Senior Vice President of North American Specialty Insurance Company r f7 t a & Senior Vice President of Westport Insurance Corporation 1973 " a` By •^.r.�y,rM+t"", w1Y9t46: , Erik,aaeassC�rds. �4+etNior M^'i.te PncsielenY of W;kshrrpiouM CnIC2arWtonrl.minsv ranee Company w & Senior Vice President oFNorgh dk metticazs Specialty Insurance Company & Senior Vice President of Westport Insurance Cnrporadoo IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 12th day of November _a 20 21 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss: On this 12th day of November 2021 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Erik Janssens Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. y / YASMIN A. PATEi. OFFICIAL SEAR Notary Public. State oI 1111noaa. My Commission Ew-- I�ay' aamx Yasmin A. Patel, Notary I, Jeflrew C'ioldherg, the duly elected Senior Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 7th day of December 20 21 Jeffrey Goldher,P„ Sanicaa Vice Nesieeni & Assistant Secreatsmy of Washinkvn tnaemafiQnaI Insurance COgnpafly& North American STWdalty Inbuviux A Comp1my & Vice Pre:„rdem P. Assistant�Swetaq M' WostiWrt IftW11001e0 COMaration Agreement No. 6206 THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT LABOR AND MATERIALS BOND WATER MAIN IMPROVEMENTS ON GRAND AVENUE PROJECT NO.: PW 21-05 Bond No. 2326415 Bond Fee: Included In Performance Bond STEPHEN DORECi _E LI PML1 T RENTALS, INC., as principal ("PRINCIPAL") and North American Specialty Insurance Company , a corporation incorporated under the laws of the State of New Hampshire and licensed by the State of California to execute bonds and undertakings as sole surety, as surety (`SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO (`CITY") in the sutra of ONE MILLION FIVE HUNDREDNINETY-EIGHT THOUSAND ONE HUNDRED SIXTY-TWO DOLLARS" AND EIGHTY CENTS ($1, 8,1 .801, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in WATER MAIN IMPROVEMENTS ON GRAND AVENUE, SPECIFICATIONS AND PLANS NO. PW 21- 05 ("Public Project"), the public works contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance ofthe conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS AND PLANS NO. PW 21-05, and the public works contract executed for such Specifications, copies of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's plans and profiles, which are made apart of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. Agreement No. 6206 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS AND PLANTS NO. PW 21-05, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code ofCivil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] Agreement No. 6206 SIGNED AND SEALED this 7th day of December , 2021 iy , Attomey-in-Fact MNCIP 's SECRETARY SURETY's SECRETARY PRUNCIPAL's MAILING ADDRESS: SURETY'S MAILING ADDRESS: Stephen Doreck E ui ment Rentals, Inc. North American Specialty Insurance Company 9075 Telegraph Road ITITIT 777 S, Faueroa Street. Suuto 3700 Pico Rivera„ CA 90660 Los Apgeles CA 90017 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. Agreement No. 6206 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On 12/13/2021 before me, Sylvia Sifuentes (Notary Public) (insert name and title of the officer) personally appeared Catherine Doreck and Pablo Viramontes who proved to me on the basis of satisfactory evidence to be the person(j) whose name(A) is/Avg subscribed to the within instrument and acknowledged to me that he/IHOW executed the same in his/pity/t�of authorized capacity("), and that by his/Mf/their signature(q) on the instrument the person(q), or the entity upon behalf of which the person(q) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.. Signature (Seal) Sylvia tf� me (Notary Public) SYLVIA V. SIFUENTES Notary Public - California wi Los Angeles County 9. Commission # 2257818 "' My Comm. Expires Oct 8, 2022 Agreement No. 6206 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 Orange ) On 12/07/2021 before me, Melissa Ann Vaccaro Notwy Public (insert name and title of the officer) personally appeared Arturo Ayala 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 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MEI issA P,NN VACCARO COfYNi. #2241394 r Notary Public -California ORANGE COUNTY LL My Cornm ExPnes May 12 t�2 Signature W, (Seal)M Melissa Ann Vaccaro SWISS RE CORPORATE SOLUTIONS Bond No. 2326415 NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY T11ESE PRESENTS, Tl [AT'North American Specially Insurance Company, a corporation duly organized and existing under hiw,s of the State of New llampshire, artd having its principal office to the City of Kansas City„ Missouri and Washington lnternational Insurance Company a corporation organized and existing under the laws of the State ol`New l lampshire and having its principal ol4dce ill the City of R nsas,City Missouri and Westport Insurance Corptwraltion, o rani �d under the laws of the State of Missouri, and having, its principal office in the ity of Kansas e ty, Missouri, each does hereby, make constltule and appoint: DANIEL HUCKABAY, ARTURO AYALA, DWIGHT REILLY, SHAUNNA ROZELLE OSTROM, FRANK MORONES MICHAEL D. STONG, BEN STONG„ and R. NAPPI JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." �,�taa�� yannmaataat " *' cttr J,t"�p� ytStNM y B ,ry°}ta Steven P. IMtktN,eY%phlMr SarMtav+w"Itrk t"realdrnl or Wushi�t,�ir'�VNt aotM'Uryuat.l,aiml anseum�nrur�G�Company ryry,, '•�. S� SEAL ''�t & Senior Vice President of North American Specialty Insurance Company 'R nrt., �= RtTt '. & Senior Vice President of Westport Insurance Corporation w 1973i r Y l BY. sse � haAWthNr. Erik Janssens, ntim• Vtt^e Pretadreau aal'Ah`nsh�tn�,tlopr tnperm miottot into�ttn�¢� Curovpri�" �n*wrear�y° & Senior Vice President of I`„ orth Aouvrican. Specialty Insurance Company & Senim• Vice President of rstplor't anmlorAwdo Corponalinn IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 12th day of November 120 21 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook SS: On this 12th day of November 2021 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and, Frik .lansseirs Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OPFIlram�.P rtw orplclA SEAL 0- Nmndy Public Sion of MMtl144 my caa'm'missioo Expires May 28" 202''3 Yasmin A. Patel, Notary I, lefti•ew Goldberg, the duly elected Scnxor "Vigo President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seais of the Companies this 7t 2 day of ,.,,,December 20 1 „ Jetriny (.Adbaig, SeniodVice Presirkat & Assi�vwt Secretary of Washington Inietnultmial insurance Corripnty & North a inertcawra. specialty Insarrance Compaacy' & Vice President & Assistant Secrewy ot'Westpor�t Vrru511aanwc Cauiwdration Agreement No. 6206 HUGH NGUYEN CLERK -RECORDER CERTIFICATE OF ADMITTED SURETY INSURER Certificate pursuant to 995.640(a) Code of Civil Procedure State of California County of Orange PROPERTY RECORDS BIRTH AND DEATH RECORDS MARRIAGE LICENSES/RECORDS PASSPORTS FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES I, Hugh Nguyen, County Clerk -Recorder of the County of Orange, State of California, in and for said County, DO HEREBY CERTIFY THAT NORTH AMERICAN SPECIALTY INSURANCE COMPANY has been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California and that based on the records in this office, that authority has not been surrendered, revoked, cancelled, annulled or suspended. In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the seal of said County on 12/07/2021. Hugh Nguyen, Orange County Clerk -Recorder CLAUDIA L F IIAA O GUTIERREZ, Deputy Clerk -Recorder NORTH COUNTY BRANCH OFFICE ORANGE COUNTY OLD ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE WELLS FARGO BUILDING COUNTY ADMINISTRATION SOUTH COURTHOUSE LAGUNA HILLS CIVIC CENTER 222 S. HARBOR BLVD_ STE 110 601 N. ROSS STREET 211 W, SANTA ANA BLVD, ROOM 201 24031 EL TORO ROAD, SUITE 150 ANAHEIM. CALIFORNIA 92805 SANTA ANA, CALIFORNIA 92701 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714) 834-2500 • FAX (714) 834-2675 0 WWW.00RECORDER.COM • WWW.00ARCHIVES.COM Agreement No. 6206 PROPOSAL FOR THE WATER MAIN IMPROVEMENTS ON GRAND AVENUE PROJECT NO.: PW 21-05 Date August 24 20 21 Company Name: Stephen Doreck Equipment Rentals, Inc. TO THE CITY OF EL SEGUNDO: In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. Submittal of this bid shall be considered evidence that the BIDDER has satisfied himself regarding the contract documents, access and any other field conditions which may effect bid prices. If this proposal is accepted for award, BIDDER agrees to enter into a contract with the City of El Segundo at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of El Segundo of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City of El Segundo's notice of award of contract to the BIDDER, including sending by U.S. Mail a Public Works Contract for signature by the Awardee, the proceeds of the security accompanying this bid shall become the property of the City of El Segundo and this bid and the acceptance hereof may, at the City of El Segundo's option, be considered null and void. I-C-1 Agreement No. 6206 BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFJF1RhLATIVE,ACTIQN CEWFIFiC. TION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLL11.iSION AFFID .VT L BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City of El Segundo is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. I-C-2 Agreement No. 6206 August 5, 2021 ADDENDUM NO. 1 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for WATER MAIN IMPROVEMENTS ON GRAND AVENUE PROJECT NO.: PW 21-05 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: 1. The bid due date and time has changed to Tuesday, August 24, at 11:00 am 2. Please use the attached revised bid pages when bidding. 3. Please see this project's attached Supplement to Addendum 1 for bid opening instructions, bid -related questions and the responses to them, as well as additional specifications for project clarification. As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in the space provided below and submit this Addendum with the Bid Proposal. Failure to provide such acknowl d ement shall render the bid as non -responsive and subject to rjectioi 08/24/2021 Signature: Date: Pablo Viramontes / Vice President Print Company Name: Stephen Doreck Equipment Rentals, Inc. Page 1 of 1 350 Main Street, El Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489 Agreement No. 6206 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On August 24 2021 before me, Sylvia Sifuentes(Notary Public (insert name and title of the officer) personally appeared Pablo Viramontes , who proved to me on the basis of satisfactory evidence to be the person(j) whose name(p) is/MW subscribed to the within instrument and acknowledged to me that he/ # / executed the same in his/ Ill'/ authorized capacity(]"), and that by his/ f/their signature(]) on the instrument the person(]), or the entity upon behalf of which the person(o acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JENTES JENTES Cog use ii'kc fssrniaG W Los Angeles C Mission, Gnarn,, Signature (Seal) My c�, Exptires act 8, oz Slvi e 'es Notary Public) Agreement No. 6206 BID SCHEDULE (Revised 08/05/21) WATER MAIN IMPROVEMENTS ON GRAND AVENUE PROJECT NO.: PW 21-05 Company Name: Stephen Doreck Equipment Rentals, Inc. BASE BID ITEMS TABLE 1 UNIT PRICE IN ITEM FIGURES NO. DESCRIPTION UNIT TY $ AMOUNT S 1 Mobilization/Demobilization LS 1 a p• 3io. Traffic Control Plans, Traffic 2 Control, Public Safety and LS 1 Convenience SO.oa 8 a° 3 Utility Potholing LS 1 • po�46yo 10-0 4 Bracing and Shoring LS 1 $ oZSO.O° `$ ;1,570.00 Construct 8-inch Ductile Iron Water Main including all Fittings and Appurtenances, 5 Trench Excavation, Pipe Bedding, Trench LF 125 ! 103.0 a0,�7� Backfill, Trench Resurfacing, and Temporary and Permanent Traffic Striping and Markings Construct 10-inch Ductile Iron Water Main including all Fittings and 6 Appurtenances, Trench Excavation, Pipe LF 2700 bS 0 �• Bedding, Trench Backfill, Trench Resurfacing, and Temporary and Permanent Traffic Striping and Markings 7 Install 8-inch Main Line Gate Valve and EA 2 s$•0• Do 3 100, 00 Adjustable Valve Box / 8 Install 10-inch Main Line Gate Valve and Adjustable Valve Box EA 20 o�jo�s0• po r 0° yOjO�' Construct 20-inch Diameter Steel Casing 9 in State R/W and Install New 10-inch LF 75 3$5^ 17 o Zg $7 D� Water Main Inside New Steel Casing I-C-3a Agreement No. 6206 BASE BID ITEM NO. 1"TEMS C49 Tl.d U EV iA.kTIA L DESCRIPTION UNIT QTY I UNIT PRICE IN FIGURES AMOUNT $ Connect New Water Main to Existing Water Main including all Pipe, Fittings and Appurtenances, Trench Excavation, Pipe Bedding, Trench Backfill, Trench Resurfacing, and Temporary and 10 Permanent Traffic Striping and Markings, LF 13 SQ.00 0 Removal of Interfering Portions of Existing Pipe and Valves, and Cut and Abandon Existing Water Main(s) and Valve(s) and Removal of Abandoned Water Valve Covers Construct Fire Hydrant Connection complete including Hydrant Lateral, all Fittings and Appurtenances, Hydrant, Gate 11 Valve, Trench Excavation, Pipe Bedding, EA 5 y�I��'�,0 72/ ZSQ. Trench Backfill, Trench Resurfacing, and Temporary and Permanent Traffic Striping and Markings Construct 1-inch Water Service Connection and Connect to Existing Water Meter in Existing Water Meter Box, 12 including all Fittings and Appurtenances , Trench Excavation, Pipe Bedding, Trench EA 5 a Z�S 0 0 0 Backfill, Trench Resurfacing, and Temporary and Permanent Traffic Striping and Markings Construct 2-inch Water Service Connection and Connect to Existing Water Meter in Existing Water Meter Box, 13 including all Fittings and Appurtenances, EA 5 4 SJr0.00 7 SQ. D0 3�'/ Trench Excavation, Pipe Bedding, Trench ► Backfill, Trench Resurfacing, and Temporary and Permanent Traffic Striping and Marking I-C-3b Agreement No. 6206 BASE DID ITUMN UUNTINAli -1 mirk!, J UNIT PRICE IN ITEM FIGURES AMOUNT NO. DESCRIPTION UNIT TY ($ Construct 1-inch Water Service Connection and Connect to Existing Water Meter in New Water Meter Box, Relocate Water Meter to New Water 14 Meter Box and Connect to Existingcc Private Service including all Fittings EA 3 �/ Z7�7 . �� [•'' and Appurtenances, Trench Excavation, Pipe Bedding, Trench Backfill, Trench Resurfacing, and Temporary and Permanent Traffic Striping and Markings Construct 2-inch Water Service Connection and Connect to Existing Water Meter in New Water Meter Box, Relocate Water Meter to New 15 Water Meter Box and Connect to Existing Private Service including all EA 5 35:06/3� Fittings and Appurtenances, Trench r�,"7500 Excavation, Pipe Bedding, Trench Backfill, Trench Resurfacing, and Temporary and Permanent Traffic Striping and Markings Construct 4-inch Water Service Lateral and Connect to Existing Service (with Flange x Flange Connection) including 10-inch x 4-inch Tee in New Water Main, New 4-inch Gate Valve, New 4- Fittings 11 00 p 12/31 inch Ductile Iron Pipe, all and EA IZ/3I�• 16 Appurtenances, Trench Excavation, Pipe Bedding, Trench Backfill, Trench Resurfacing, and Temporary and Permanent Traffic Striping and Markings I-C-3c Agreement No. 6206 " r v y, v irgr i 'fiI X Q I'"r1A%T1rT Wi 1fT«''n T A 'i' 'F d a..a'a,waa our a.we.,•.r ITEM NO. w,.. x:ra..x,v .«..... x „ ..,. , ,.r ...... a ............... DESCRIPTION UNIT TY UNIT PRICE IN FIGURES $ AMOUNT $ Construct 6-inch Water Service Lateral and Connect to Existing Service (with Flange x Flange Connection) including 10-inch x 6-inch Tee in New Water 17 Main, New 6-inch Gate Valve, New 4- inch Ductile Iron Pipe, all Fittings and EA 7 2� %3� • 0" Appurtenances, Trench Excavation, Pipe Bedding, Trench Backfill, Trench Resurfacing, and Temporary and Permanent Traffic Striping and Markings Construct 8-inch Water Service Lateral and Connect to Existing Service (with Flange x Flange Connection) including 10-inch x 8-inch Tee in New Water 18 Main, New 4-inch Gate Valve, New 8- inch Ductile Iron Pipe, all Fittings and EA 2 I l�l %' SQ •� Z$!q p o as Appurtenances, Trench Excavation, Pipe Bedding, Trench Backfill, Trench Resurfacing, and Temporary and Permanent Traffic Striping and Markings Construct 1-inch Air Relief Valve Connection Complete including, all Fittings and Appurtenances, Trench 19 Excavation, Pipe Bedding, Trench EA 41 1 5'Q •Do Backfill, Trench Resurfacing, and Temporary and Permanent Traffic Striping and Markings 20 Remove and Reconstruct 4-inch Thick SF 450 Concrete Sidewalk Remove and Reconstruct 6-inch Thick SF 150 �J �� ?j 7 ��• 21 Concrete Driveway Approach . / I-C-3d Agreement No. 6206 ITEM NO. DESCRIPTION UNIT TY UNIT PRICE IN FIGURES $ AMOUNT $ Remove Existing Concrete Sidewalk 22 and Curb Drain and Construct New LS 1 11 pOb O 11QQ0.0 Curb Ramp at Southwest Corner of ,� Grand Avenue and Nevada Street Remove and Reconstruct 6-inch 23 Concrete Curb including 2-foot Wide LF 35 ®I 2�• �]� 'Poo , 0,0' Asphalt Concrete Patch Adjacent to New Curb Remove Existing Fire Hydrant 24 Complete and Cap Hydrant Lateral EA 5 1 S'0• 00 '3,(70'0 Trench c Backfill T including Trench g Resurfacing 25 Remove and Dispose of Conflicting Water Main (including Water Main in LS 1 121 oo 21 s00 Oo State R/W) 26 Replace Traffic Loop Detectors EA 10 0 s. Do &17 3'0 I-C-3e Agreement No. 6206 ALTE ' ATIVE BID ITEMS TABLE 1(Determined b the Citv on as -needed (basis UNIT PRICE IN ITEM FIGURES AMOUNT NO. DESCRIPTION UNIT TY $ 27 Misc. Concrete Improvements LS 1 '%' ;,' % 15000 28 Misc. Water Improvements LS 1 ��// �, %� 40000 29 Additional trench excavation below CF 1000 ,� O 4"000,00 66 30 Additional backfill if trench depth CF 1000 Q , 0 O $� 00a o° exceeds 66" Cold mill and overlay top 2" asphalt concrete per specs for full width of the 31 project street to join final grade of SF 154,416 2,a�'6• resurfaced trenches including adjustment of valve and manhole covers. 32 Correct ponding issues with additional LS 1 2Dl LID-00 -Z01 14 grinding and paving 33 Additional PG-64-10 1" hot mix SF 4000 Z. 0 10/ d.0° asphalt overlay 34 Manhole cover adjustment to grade EA 11 "7167, 0 0 7, %65: oc 35 Valve cover adjustment to grade. See 5 EA 42 y� Q . 00 ��/ 2?,Q•'� Appendix 36 Misc. utility cover adjustment to LS 1 IYQ, 00 Z, 1 ,5"D• grade. See Appendix 5, Items 3 and 4. / Type II Slurry Seal for, full width of the project streets. Activities will 37 include traffic control, mechanical SF 154,416 sZ $�i Z96.3 removal of existing striping, crack • sealing, vegetation removal, and re - striping information. I-C-3f Agreement No. 6206 ALTERNATIVE E BID ITEMS TABLE 2(Determined by the City on as -needed hasis UNIT PRICE IN ITEM FIGURES AMOUNT NO. DESCRIPTION UNIT TY $ $ Remove and replace all traffic striping, pavement markings, and 38 pavement markers. See Appendices LS 1 a for re -striping information. Night work lighting orspecialized 39 LS 1j,%j15000 equipment 40 Caltrans State Right-of-way permit �/%�/ 15000 requirements TOTAL BID ITEMS 1 THROUGH 40 TOTAL BID WRITTEN IN WORDS:" t " "4 1 All work shall be per these specifications and attachments. Prevailing wage rates apply. The City of El Segundo reserves the right to reject any or all bids, to waive any irregularity, and to take all bids under advisement for a period of ninety (90) calendar days. I-C-3g Agreement No. 6206 THIS PAGE LEFT BLANK I-C-4 Agreement No. 6206 BIDDER'S INFORMATION Company Name: Stephen Doreck Equipment Rentals, Inc. BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) pOY% If corporation, State of Incorporation (i.e., California) California Business Stephen Doreck Equipment Rentals, Inc. Address 9075 Telegraph Road Pico Rivera, CA 90660 Telephone No. 562) 949-4949 Facsimile No. 562) 261-5038 State Contractor's License No. and Class 665471-A DIR# 1000011335 State License Original Date Issued 3/2007 Expiration Date 02128/2022 The following are the names, titles, email addresses, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having principal interest in this proposal: Catherine R. Drareck - Presi nt 8025 E Tarma Street Lo Beach CA 0 08 562 430-0194 Stephen L. Doreck - Vice President 8026 E Tarma Street, Long Beach, CA 90808 562) 733-8821 steve@doreckoonstructlon.com Pablo Viramontes - Vice President 15625 Morgan Hill Court, Fontana, CA 92336 909) 770-2169 pablo®doreckconstruction.com The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: Nome All current and prior DBA's, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: Doreck Construction (DBA I-C-5 Agreement No. 6206 BIDDER'S INFORMATION (CONTINUED) Company Name: Stephen Doreck Equipment Rentals, Inc. Bidder shall list the name of the person who attended the mandatory pre -bid job walk: Name: Pablo Viramontes Title: Vice President I-C-6 Agreement No. 6206 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all a forenamed principals this 24th day of August , 20 21. BIDDER Stephen Doreck Equipment Rentals, Inc. Catherine R. Doreck - President Stephen L. Doreck / Vice President Subscribed and sworn to this 24th day of AugUSt 20 21. NOTARY PUBLIC SyIvi s / Notary Public I-C-7 Agreement No. 6206 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles Subscribed and sworn to (or affirmed) before me on this 24 day of August , 20 21 , by Pablo Viramontes proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. u.,._... a SYLVIA V. SIFUENTES Notary Public - California Los Angeles County Commission k 2257818 „M My Comm. Expires Oct8, 0022 (Seal) Signature µ SylV ifuen ; s / Notary Public Agreement No. 6206 Bond No. CSBA-18326 PROPOSAL GUARANTEE BID BOND WATER MAIN IMPROVEMENTS ON GRAND AVENUE PROJECT NO.: PW 21-05 KNOW ALL MEN BY THESE PRESENTS that, Stephen Doreck Equipment Rentals, lnc., as BIDDER, and 14,rfh American specialty insurance company , as SURETY, are held and firmly bound unto the City of El Segundo. in the penal sum of Tvn Per c"Lof-Ltle -Amoon'Wd DOLLARS which is ten (10%) percent of the total amount bid by BIDDER to the City of El Segundo for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of El Segundo for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and tine specified, then this obligation shall be -null and void, otherwise it shall remain in full force and affect in favor of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this 30th day of July 2021 9075 Telegraph Road BIDDER* Step Pico CA 0, (562) 949-4949 777 S Figueroa Street, Suite 3700 SURETY* North American Specialty Insurance CoMpany Los An CA 90017, J714) 550-7799 1411 N. Batavia Street, Suite 201 Orance. CA 92867. (714) 516-1232 Subscribed and sworn to this _ day of 20 NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. I-C-8 Agreement No. 6206 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On August 24 2021 before me, Sylvia Sifuentes Nota Public (insert name and title of the officer) personally appeared Pablo Viramontes who proved to me on the basis of satisfactory evidence to be the person(#) whose name(A) is/gyp/ subscribed to the within instrument and acknowledged to me that he/ #0/ executed the same in hist)1grIM authorized capacity("), and that by hisfiXf/their signature(j) on the instrument the person(j), or the entity upon behalf of which the person(j) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. S1.wu swr res Notary public • C'litr 5 Anp ej Couoty -- My C�rnrn. n6r�s tdct 8 2f��T Signatur — (Seal) Sylvi en s (Notary Public) Agreement No. 6206 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 of that document. State of California County of Orange On 7/30/2021 before me, 42La i �Public. (insert name and title of the officer) personally appeared Arturo AV la 0 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 histher/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 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MELISSA ANN VACCARO COMM. #2241394 Notary Public-C811fornia I U. ORANGE COUNTY 0 M M, f. x p i r e s M 2 . . . . . . . . ....... Signature MejiSS� (Seal) a Ann Agreement No. 6206 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALITY INSURANCE COMPANY Bond No. CSBA-1h32tl WASH NGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN ELF THESE PRESENTS,, THAT North American Specialty Insurance Company, a corporation duly organizer) and existing; under laws of the State of"New Hampshire, said having Its Principal office in the C4 orKansa"s City„ Missouri and Washington international Insurance Company a corporation organized and existing under the. laws orthe State of New Hampshire and having its principal office in the City of'K sas City, Missouri, and Westport Insurance Corporation,, or° anited under' [lie laws ofthe Staate gad Missouri, and having its, principal office its the City of Kam, s City, Missouri does hereby make, constitute anc uiilmint. DANIEL HUCKABAY, ARTURO AYALA, DWIGHT REILLY, SHAUNNA ROZELLE OSTROM, FRANK MORONES MICHAEL Da STONG. BEN STONE, aandR, NAPPI JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Powci° of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International 'Insurance Company at meetings, duly called and held can March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RE OL V D, that any two of the President, any Senior Vice President„ any Viet: President, any Assistant Vice president„ the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execttte on behalf of the Company bonds, undertakings and all contracts or surety„ and that each or anY of theist hereby is authorized to attest to the execution Of ally strclt Power of Attorney and to attach therein the Seal of the Company, and it is l^il:lll'I`HER RESOIµVrD, that the signature of such officers and the wttl of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by racsimilc, and any such Po"aver of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company aflten affixed said in the future with regard to any bond, undertaking or contract of S"" Surety to which it is attached. *G ,"5�"� o e 'ufyo v"^Rz iN" M/ '� PeuvY"BY e+rrr * Y .r gµra�arnq 'C^�N'}'" Ka" Szmarra n aasnnN., arnroa roa/ r rgrr o., os nPr+amnitrtat ogrCe'rrrnnac Comp any rttttl lit/t q i SEAL & Senior Vice President of North American Specialty Insurance Company ^' SEAL , N & Senior Vice President orwestport inturaance Corporation t BY :22 Mike �i& Senior rVice Pvc wi a romorih ejkmerkmar'Siar"AAtyrlots '••.ra'•ene Company & Senior Vice Pres&dens or Westport lntxrranroe caarrm sron IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 14TH day of JANUARY • 20 19 . North American Specialty Insurance Company Washington International Insurance Company state of Illinois Westport Insurance Corporation County of Cook ss` On this 4�Ifday of, JJARV._ „ 20_.l Before me„ a Notary Public personally appeared Steven P. Anderson ,Senior Vice President of Washington International 'Insurance Company and Senior Vice President of North American specialty Insurance Company and Senior Vice President of Westport. Insurance Corporation and, IVlicha�l A. Ito Senior Vicar President of Washington International Insurance Company and 'Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally .known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instruanerit to be the voluntary act and deed of their respective companies. OARC.tatS t nmi rttasc Sian 01 Murk, a yca�arannztnrtIrom M. Kenny, Notary Public oh'' rats vattxr 'e I, Jeffre CJoldlacr, the duly elected 'V'ice President and Assistant Secretary of North American specialty Insurance Company, Washington International Insurance Company and Westport Insurance CotgjToradon do hereby eeatlfy that the above and foregoing is a true and correct copy Ora Power of Attorney given by said Nordi Aarerlcart Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 30th day of July 20 21 larr oy CvsYraG cg, Vice Prciar&ent & r&,s^atssant Secarraaq Of W*ihiglon Inittrwri «al htsmmtee Cw*wy & North AmegiM SirmAlty Y.gnxu ngo Coropmy & Voco Ptcodow & AlusWis Seeaaa gar Mcli"it tnsnroaWA Corporation Agreement No. 6206 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: 665471 Class No.: 0 2. The expiration date of BIDDER'S Contractor License is: February 26 20 22 . 3.. BIDDER acknowledges that Section 7028.15(e) of the Business and Professions Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that representations herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non -responsive and shall be rejected by the public agency." The undersigned declares, under penalty of perjury, that the representations made by the undersigned in this bid proposal are true and correct. 24th August20 21, at Executed on Pico Rivera, California (insert City and State where Declaration signed). Signature Pablo Viramontes Typed Name Vice President Title Stephen Doreck Equipment Rentals, Inc. Company Name I-C-9 Agreement No. 6206 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On August 24 2021 before me, _Sylvia Sifuentes (Notaly Public (insert name and title of the officer) personally appeared Pablo Vir,amonte , who proved to me on the basis of satisfactory evidence to be the person($) whose name(A) is/M subscribed to the within instrument and acknowledged to me that heNHOWW executed the same in hisJ fl authorized capacity("), and that by his/tHt/their signature($) on the instrument the person($), or the entity upon behalf of which the person(q) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur (Seal) Sy°i ifu ntes (Notary Public) SYL�Publlc ENTES Notaryalifornia S Los Angeles County Commission # 2257818 My Comm. Expires Oct 8, 2022 Agreement No. 6206 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of Los Angeles ) Pablo Viranlontes , being first duly sworn, deposes and say that he or she is Vice President ,rhen Doreck Equipment the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that 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, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that 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, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. "��g � � Signature Pablo Viramontes Typed Name Vice President Title I-C-10 Stephen Doreck Equipment Rentals, Inc. Name of Bidder/Company Name Date 08/24/2021 Agreement No. 6206 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles Subscribed and sworn to (or affirmed) before me on this 24 day of August , 20 21 , by Catherine R. Doreck AND Stephen L. Doreck , Pablo Viramontes , proved to me on the basis of satisfactory evidence to be the person s) who appeared before me. SYLVIAV. SIFUENTES Notary Public • California µ E Las Angeles County Commission k 2257818 My Comm. Expires Oct 8, 2022 (Seal) Signature S ylv tea / Notary Public Agreement No. 6206 WORKER'S COMPENSATION CERTIFICATION Section 1861 OF THE LABOR CODE (Workers' Compensation) Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his/her PROPOSAL, shall sign the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of!h work of this contract." Signature of Bidder: Title: Business Name: Business Address: Telephone Number: Pablo Viramontes / Vice President Stephen Doreck Equipment Rentals, Inc. 9075 Telegraph Road Pico Rivera, CA 90660 562 949-4949 Dated this 24th day of August , 2021 Agreement No. 6206 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On August 24, 2021 before me, Sylvia Sifuentes(Notary Public (insert name and title of the officer) personally appeared Pablo Viramontes who proved to me on the basis of satisfactory evidence to be the person(j) whose name(A) is/No/ subscribed to the within instrument and acknowledged to me that he/ HN executed the same in his/jffj authorized capacity(*#), and that by his/Mf/their signature(#) on the instrument the person(*), or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.. Signatur (Seal) Slvi fu ntes (Notary Public) SYLVIAV. SIFUENTES Notary Public - California Los Angeles County Commission N 2257818 .' My Comm. Expires Oct 8, 2022 Agreement No. 6206 DESIGNATION OF SUBCONTRACTORS WATER MAIN IMPROVEMENTS ON GRAND AVENUE PROJECT NO.: PW 21-05 Company Name: Stephen Doreck Equipment Rentals, Inc. As detailed in Section 2-3.1 (Page II-B-3) of the City Standard Specifications, Bidder certifies that it has listed below all subcontractors who will perform work in excess of one-half of one percent (0.5%) of the total bid price or certifies that the bidder is fully qualified to perform and will perform that portion of the work itself. Name of Subcontractor ko �ga >V" Address (Number and Street) Subcontractor's Contractor License No., & DIR Registration No. (CSLB #) Description of Portion of Work Subcontracted 3 COnchGiQ Estimated $ Amount 311, N 3 (City, Zip Code) (DIR #) laig000lp's1 �GZ W• 1�5�"• vs t o 2 1S '0 l000porbr , (Ma co ies of` "s if additional space is needed) 08/24/2021 Signature of Bidder Date Pablo Viramontes / Vice President I-C-12 Agreement No. 6206 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, thand not the truthfulness, accuracy, or validity of at document. State of California County of Los Angeles On Au ust 24 20 1 before me, Sylvia Sifuentes Nota Public (insert name and title of the officer) personally appeared Pablo Viramontes , p satisfactory ' g person(j) whose name(A) is/i yf/ who roved to me on the basis of satisfacto evidence to be the erson ) subscribed to the within instrument and acknowledged to me that he/ $t / executed the same in his/,##f/ftr authorized capacity(jo), and that by his/0#f/their signature(j) on the instrument the person(j), or the entity upon behalf of which the person(j) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signat r (Seal) Sy ifuentes (Notary Public) " NOtary P0bIjC CaYp""fern a kas Angeles County mn* Comm Ission # 2257i,s My Comm. Expires Pict �» ��i�1 .� Agreement No. 6206 REFERENCES Company Name: Stephen Doreck Equipment Rentals, Inc. The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime contractor or major subcontractor within the past five (5) years: Project Title: 670 Zone 4-InchWater Main Replacement WM 18-013 Location: Philadelphia Street - Ridge Road City,of Whittier 13230 Penn Street, Whittier, CA 90602 Name and address of owner Raul Fiore 562) 567-9500 Name and current telephone number of person familiar with project Type of Work: Main Replacement Contract amount: $ 990,245.00 Date completed: 3/1 /2020 Amount of work done by my/our firm under contract $1,016,623.93 Did your firm have any financial interest in Project? NO 2. Project Title: Dike Street (ET AL) Water Main Improvements Plan No. 1280 Location: Dike Street City of Glendora 116 E. Foothill Blvd., Glendora, CA 91741 ....................... Name and address of owner Thom Labertson 626) 852-4845 Name and current telephone number of person familiar with project Type of Work: Water Main Improvements Contract amount: $ 961 0, 00__ _ Date completed: 5/7/2020 Amount of work done by my/our firm under contract $ 1, 006, 918.89 Did your firm have any financial interest in Project? 0 I-C-13 Agreement No. 6206 Project Title: 250th Street Water Main & Street Rehabilitation Location: Pennsylvania Ave, City of Lomita 24300 Narbonne Ave., Lomita, CA 90717 Name and address of owner Monhher Saied 310) 325-7110 Name and current telephone number of person familiar with project Type of Work: Water Main Rehabilitation Contract amount: $ 1,447,508.00 Date completed: 05/31 /2019 Amount of work done by my/our firm under contract $ 1, 860, 073.92 Did your firm have any financial interest in Project? NO 4. Project Title: Water Main Replacement Location: Badillo Street City of Covina 125 E. College Street, Covina, CA 91723 Name and address of owner Rafael Fajardo 626) 384-5480 Name and current telephone number of person familiar with project: Type of work: Water Main Replacement Contract amount: $ $2,603,255.00 Date completed: 3/1 /2020 Amount of work done by my/our firm under contract $ 3,674,269.06 Did your firm have any financial interest in Project? I-C-14 Agreement No. 6206 Project Title: Replacement of 4" and 14" Watermains Location: Westmont Drive Between Sherwood & Norwick Cit of Alhambra 111 South First Street, Alhambra, CA 91801 Name and address of owner DENNIS AHLEN (626) 570-3274 Name and current telephone number of person familiar with project: Type of Work: Water Main Replacement Contract amount: $1, 357,282.50 Date completed: 7/1 /2017 Amount of work done by my/our firm under contract 1,622 487.72 Did your firm have any financial interest in Project? !v� Bidder may attach additional reference pages if necessary. The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: Commercial Surety Bond Agency 1411 N. Batavia Street Suite 201, Orange, CA 92867 Daniel Huckabay 714) 516-1232 John Carter 714 283-1999 I-C-15 Agreement No. 6206 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS WATER MAIN IMPROVEMENTS ON GRAND AVENUE PROJECT NO.: PW 21-05 Company Name: Stephen Doreck Equipment Rentals, Inc. Please state all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation. 1. Have you ever been disqualified from any government contract? Yes ❑ No ;Q 2. If yes, explain the circumstances: 3. Are you registered in accordance with Labor Code § 1725.5 [Note: failure to register requires the City to reject your bid as nonresponsive]? Yes ff No ❑ Bidder's Signature Pablo Viramontes / Vice President Name (Please Print) I-C-16 Agreement No. 6206 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On August 24 2021 before me, S Ivia Sifuentes(Notary Public (insert name and title of the officer) personally appeared Pablo uiramontes M who proved to me on the basis of satisfactory evidence to be the person(#) whose name(p) islIft subscribed to the within instrument and acknowledged to me that he/�HN/MW executed the same in his# f/ j authorized capacity(*#), and that by his/"f/their signature(*) on the instrument the person(*), or the entity upon behalf of which the person(*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Sylvia nt s (Notary Public) SYLVIAV. SIFUENTES Notary Public - California Los Angeles County Commission p 2257318 "' k My Comm. Expires Oct 8, 2022 Agreement No. 6206 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] WATER MAIN IMPROVEMENTS ON GRAND AVENUE PROJECT NO.: PW 21-05 Company Name: Ste hen Doreck Equipment Rentals Inc. To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Tvoe of Insurance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 1185 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance ofthe insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires Cal "rtornia Worker's Compensation Coverage with the associated Waiver. Out-of-state coverage will not be accepted in lieu of the California coverage, because the work is being performed in the State of California. By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City's consultant. Failure to provid this insurance will render the bidder's proposal "nonresponsive." 08/24/2021 Date Bit1!r''s Signature Pablo Viramontes / Vice President I-C-17 Agreement No. 6206 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On August 24 2021 before me, Sylvia. Sifuentes(Notaa Public (insert name and title of the officer) personally appeared Pablo Viramontes who proved to me on the basis of satisfactory evidence to be the person(j) whose name(A) is/may subscribed to the within instrument and acknowledged to me that he/00W executed the same in his/ f/) authorized capacity(o#), and that by his/0#fltheir signature(j) on the instrument the person(j), or the entity upon behalf of which the person(j) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur;ff ...�...�_.. (Seal) Sylvi"uen es (Notary Public) SYLVIA V. SIFUENTES Notary Public - California Los Angeles County Commission P 2257918 `'"* My Comm. Expires oct 8, 2022 Agreement No. 6206 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] Company Name: To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. The insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92 or CA 00 01 01 87, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will render the bidder's proposal "nonresponsive." Date Bidder's Signature I-C-15 Agreement No. 6206 7-2.4 7-3 RECORD OId WAGES PAID: INSPECTION Every Contractor and subcontractor will keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with the Work. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by the City, the Contractor will provide copies of the records at its cost. Subsection 7-3, Liability Insurance, of the SSPWC is deleted in its entirety and replaced by the following subsections. 7-3.1 GENERAL Contractor will procure and maintain for the duration of the contract the following insurance coverages and limits against claims for injuries to persons or damage to property which may arise fi•om or in connection with the performance of the work covered by this agreement by the Contractor, its agents, representatives, employees or subcontractors: COVERAGE PER OCCURRENCE Comprehensive General Liability Business Auto Workers' Compensation ISO FORM COMBINED SINGLE LIMIT CG 20 10 11 85 or 88 $2,000,000 CA 00 01 01 87 $1,000,000 Statutory Contractor will provide endorsements or other proof of coverage for contractual liability. Combined single limit per occurrence will include coverage for bodily injury, personal injury, and property damage for each accident. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the policy will be endorsed such that the general aggregate limit will apply separately to this contract and a copy of the endorsement provided to the City. Liability policies will contain, or be endorsed to contain the following provisions: GENERAL LIABILITY AND AUTOMOBILE LIABILITY: The City, its officers, officials, employees, agents, and volunteers will be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage will contain no special limitations on the scope or protection afforded to the City, its officers, officials, employees, agents, or volunteers. The Contractor's insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, and volunteers will be excess of the Contractor's II-B-21 Agreement No. 6206 insurance and will not contribute with it. The insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officers, officials, employees, agents and volunteers. The Contractor's insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. WORKERS' COMPENSATION: The insurer will agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. ALL COVERAGES: Each insurance policy required by this subsection will be endorsed to state that coverage will not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days written notice by certified mail, return receipt requested, has been given to: CITY CLERK City of El Segundo 350 Main Street El Segundo, CA 90245 Notwithstanding the foregoing, the endorsement may state that insurance may be cancelled upon ten (10 day notification for non-payment of premium. The Contractor will provide the City with updated proof of insurance should the Contract Time extend beyond the policy expiration date. All liability insurance will be on an occurrence basis. Insurance on a claims made basis will be rejected. Any deductibles or self -insured retentions will be declared to and approved by City. The insurer will provide an endorsement to City eliminating such deductibles or self -insured retentions as respects the City, its officials, employees, agents, and volunteers. Except for Workers Compensation Insurance, Contractor will furnish to City certificates of insurance and endorsements on forms acceptable to the City's City Attorney, duly authenticated, giving evidence of the insurance coverages required in this contract and other evidence of coverage or copies of policies as may be reasonably required by City from time to time. Certificate/endorsement for Workers Compensation Insurance will be furnished on State Comp Fund or other industry standard form. Except for worker's compensation insurance, all insurance required herein will be placed with insurers with a Best's Rating of not less than A:VII. Worker's compensation insurance policies will meet the requirements of California law. All subcontractors employed on the work referred to in this contract will meet the insurance requirements set forth for Contractor. Contractor will furnish certificates of insurance and endorsements for each subcontractor at least five days before the subcontractor entering the job 11-B-22 Agreement No. 6206 site, or Contractor will furnish City an endorsement including all subcontractors as insureds under its policies. Except as provided in Subsection 6-10, the Contractor will save, keep and hold harmless the City, its officers, officials, employees, agents and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be claimed because of damages to property, or personal injury received by reason of or in the course of performing work, which may be caused by any willful or negligent act or omission by the Contractor or any of the Contractor's employees, or any subcontractor. The City will not be liable for any accident, loss or damage to the work before its completion and acceptance, except as provided in Subsection 6-10. The cost of such insurance will be included in the various items of work in the Contractor's bid and no additional compensation for purchasing insurance or additional coverages needed to meet these requirements will be allowed. In the event that any required insurance is reduced in coverage, cancelled for any reason, voided or suspended, Contractor agrees that City may arrange for insurance coverage as specified, and Contractor further agrees that administrative and premium costs may be deducted from payments due to the Contractor. Contractor will not be allowed to work until alternate coverage is arranged. 7-3.2 RE-SPQh!S1B1L1JYJQBLDAMAQB In addition to the provisions of Subsection 7-3 of the SSPWC as between the City and Contractor, Contractor will take and assume all responsibility for the work as stated herein or shown on the plans. The Contractor will bear all losses and damages directly or indirectly resulting to it, to the City, its officers, employees, and agents, or to others on account of the performance or character of the work, unforeseen difficulties, accidents, traffic control, job site maintenance, or any other causes whatsoever. The Contractor will assume the defense of and indemnify and save harmless the City of El Segundo, its officers, employees, and agents, from and against any and all claims, losses, damage, expenses and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsibility for negligence, and from any and all claims, losses, damage, expenses, and liability, howsoever the same may be caused, resulting directly, or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence, to the fullest extent permitted by law. In accordance with Civil Code § 2782, nothing in this Subsection 7-3.2 or in Subsection 7-3 of the Standard Specifications will require defense or indemnification for death, bodily injury, injury to property, or any other loss, damage or expense arising from the sole negligence or willful misconduct of the City, or its agents, servants or independent contractors who are directly responsible to the City, or for defects in design furnished by such persons. Moreover, nothing in this Subsection 7-3.2 or in Subsection 7-3 will apply to impose on the Contractor, or to relieve the City from, liability for active negligence of the City. The City does not, and will not, waive any rights against the Contractor which it may have by reason of the aforesaid hold harmless agreements because of the acceptance by the City, or deposit with City by Contractor, of any insurance policies described in Subsection 7-3 of the Standard Specifications. This hold hannless agreement by the Contractor will apply to all damages and II-B-23