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CONTRACT 4077 Public Works Contract CLOSED4 0 7 7 . t1 ; .' ORIGINAL PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND ADVANCED SEWER TECHNOLOGIES This CONTRACT is entered into this 16th day of June, 2010, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ") and Advanced Sewer Technologies ( "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 furnished 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; Supplementary 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 Documents 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 HUNDRED SIXTY SEVEN THOUSAND, TWO HUNDRED TWENTY EIGHT DOLLARS AND TWENTY EIGHT CENTS ($167,228.28) 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. A. The Contractor will fully complete the Work within SIXTY (60) working days (the "Contract Time. ") I -D -1 4077 . 7": 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: i. 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. 5. 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. 4077. 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 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 City Maryam M. Jonas Principal Engineer City of El Segundo 350 Main Street, El Segundo, CA 90245 (310) 524 -2361 The Contractor Kevin Bailey Vice President Advanced Sewer Technologies 4617 Brazil St. Los Angeles, CA 90039 (818) 550 -2721 — Phone (818) 553 -6639 — Fax 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 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. I -D -3 4 O f 7. 4 f 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. 21.TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. I -D -4 4077 . i IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. ATTEST: Cindy Morte n, City Clerk APPROVED MARK D. HE Karl H. Berger, Assistant City Atto ADVANCED SEWER TECHNOLOGIES -�'q\ �- D' � Q-" \ it ` ib.1 . �. �#Mll �AUA�-i� Taxpayer ID No. ClS "aDSSIy l- I -D -5 Business License No.: 3c&'P P, 40 77 ..� ; FAITHFUL PERFORMANCE BOND CLEANING AND CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SEWER LINES PROJECT NO.: PW 10 -02 Bond No. SU 110 6993 Bond Fee: $2,508.00 ADVANCED SEWER TECHNOLOGIES ( "PRINCIPAL ") and Arch Insurance Company , a corporation incorporated under the laws of the State of Missouri 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 HUNDRED SIXTY SEVEN THOUSAND TWO HUNDRED TWENTY EIGHT DOLLARS AND TWENTY EIGHT CENTS ($167,228.28), which is a minimum one hundred percent (100 %) of the contract amount, 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 NO. PW 10 -02, 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 NO. PW 10 -02, 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 (CITY DRAWING FILE NO. ) which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 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 detective 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. Spoclfcatbns- Proj.cis'PW Fnilhlul PeAUrrt�anue Bond (! Kn) I -E -1 4077 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 NO. PW 10 -02 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, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. SIGNED ND SEALED this 23rd day of June 20 10 4va Sewer Techno ogie Arch Insurance Company '/ AL's PRE Matthew J. C Attorney in Fact P IN -Cl PAL's SECRETARY PRtNCIPAL's MAILING ADDRESS: Advanced Sewer Technologies _ 4517 Brazil Street Los Angeles CA 90039 SURETY's MAILING ADDRESS: Arch Insurance Company __ 135 N. Los Robles Ave., Suite 825 Pasadena, CA 91101 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return two (2) originals to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. sHecft knc— Pffl*WPW F461W Perk-- Fk-d � " W) I -E -2 ceuFORNIA ALL- PURPOSE ACKNOWLEDGMENT 4077 CIVIL CODE § 1189 State of Californi County of 4ts 64r I p /0 before me, D A/.e'P I �4 C� G Dat Here Insert Name and Title of the 0 icerr personally appeared/., ����� 'L� Ce AzAf' %*' ,,`G OJt�.a ld Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) .1d /are subscribed to the within instrument and acknowledged to me that beA49 /they executed the same in bieltpletf'their authorized capacity(ies), and that by f? WsA4@0their signature(s) on the instrument the CM11111SN e f person(s), or the entity upon behalf of which the N0 WY person(s) acted, executed the instrument. ' Ex JW f 1 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: (P/ Place Notary Seal Above OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual M. ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ® 2010 National Notary Association • NationalNotary.org • 1-13UU-UJ NU I AMT t I- aUU -ai o -00411 4077 . , , ,1 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California County of Orange On JUN 2 3 2010 before me, Adelaide C. Hunter, Notary Public (insert name and title of the officer) personally appeared Matthew J. Coats 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 hefsheftheq executed the same in hisAier/tlrcir authorized capacity(ies), and that by his"rrrzrhficir 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. ADELAIDE C. HUNTER Commission # 1808793 -ms Notary Public - Calitornia Orange County Signature _ Nit Comrr. Eipires Aug 8, 2012 POWER Of ATTORNEY Know Ali Men By These Presents: 40.77 That the Arch Insurance Company, a corporation organized and existing under the laws of the State of .Missouri, having its principal office to Kansas City, Missouri (heminafterreferred to as the "Company") does hereby appoint Linda D. Coats, Matthew J. Coats, Timothy D. Rapp and Douglas A. Rapp of Laguna Hills, CA (EACH) its true and lawful'Aitmay(SHn -Fact. to make, execute, seal, and deliver from the date of. issuance of this power for and on its behalf as surely, and as Its ad and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY Is.granted to make, execute, seal-and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority doss: not permit the awns obflpa#ionn: "split into two or:more bonds In order to bring each such bond Mfiiit ,the dollar milt of authority as set fortEraterein: The Cottpahymay revoke this appoinblient at anytime, The mocxltion . of such bonds and, underakings in purer '! # Pte' # be as bitxiing upon the said :CompwW as fully and a►mpl>R "to inrbrfia and. purposes. As. if 'the* s .h id f In duty. executed and adanowledged by its regularly elected oftioem . at its prIncW office in Kansas Cry, QlbeoprL This Power of Attorney is executed by authority of resolutions-adopted by unanftm wisw t of the Board of Directors of ttwCom�y on March 3;. 2003; tctl wW accurate icogiee: of wpk ara hof+tt!t set ►:end are'herebY ee d by the tniddrsl8ned Seoret sry as bekv in full mud A , tP�rdnQ#A07W V* e Chat m of to Boad; f s Pr *M4 4 r appc w: d d * and fled with ft Secretary, or ltts ftW0W y -*W h wWAI s .pftwacid aUhatNY trs4PP0114 aad *46014 and to authofte, them to'exeouW on.behaff.of the... Co npany, and attach the suet of ft Cocepany theret*, bonds.and u�nderiaklrtge, reooQrti , d . kttherllfli i Sr Ord �E%'t 'f�tLtt� t�lerei s ' iN1y.s17Ci1 officers of Companymay appoint qWts.fbr acceptance-of pridb'ess:" .7h.is Power of A#tM". joa.q%pwd. s -and certified: by faceimile under and by- auovdty of the following . resolution adopted bythe unanknous of Directors of the Company on March 3, 2003: VOTi3t7.'F#te the mature ofMeg" ctf ff t3oeii�d, ttte i�r ierrt. ar attar fos f id#rtfy tk' their >pp tiBes designated in wrhing and filed irk;..ettel ftie sighe4trs tfj eoretsryR lire. of 1i�e Corttpetty, and certifications bai`ttae. • maY 3yY fee an::alny i executed ptssuent.t►. the resolutions tied by the Boatoof DiredoEs. on .Marott S 2003, end.any Aidh 0004 so mcecuted; sealed end o9rflfied with respect to any bond or undertal to wmdi it is anadted.- shail-continue to be valid-W., b0 1,'" Cam: .00ML901 3.00.03 03 .Page T of 2 — b''nted sh: UZA- In Testimony Whereof, the Company thas'aausea finis +r►strument• 4 U / / • , authorized officers this day of January 20 �' signed and its corporato seal to be affixed by their ..l12_• Attested and. Certified Arch Insurance Company UAL m Martin J. N Secretary J. M' of eta; - .roe STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS 4 e smut C. Kuhn, a Notary ngme, do hereby d&-* that Martin J. Nilsen acid J. Michael Pete personalty knom to me to be the same persons arttoae n�rt�as are respects as orgartt�ad and- wry ,and. VIM PmWw t of tho Arai Insurance Competty; a e48 ttg under; the Ifws of the State' of MbsoW, subspibetl.. th. ftie. appeared before me this9 sealed with the �Y Person and "Veraliy ' that them being .thereunto duly augtorited ?aloned, oorporata seal and delivery# the sold Instrumem as the free and voluntary act a►f sold oorpoc2tfian and as their own free and voluntary acts for #* uses and purposes therefi Set SAL ltic Arian C..Kuhn; Notary Public CERTIFICATION c CAW MYebmiseion wohm 1.2- W201 1 .. mbar ...2011 i. tlAartin d Nilset► S cxe ry df. A1mjt Lbrnpanyi da hareby CeffiYy that the,siteW:twy: . Ja l=W– 2,.2 J on beFialf of the p6MWjj. as dialed abfrve is" frcre Old ,a,o#. foil forcer and etfeci since the date . cyan on. haw been In i�reof and is in full force and effect on the date of this certificate; and I do. f xdw . oertify vw -69,Saw J m , arifc►;�prtlro "#'a.�P"Wof yM VM, MOK was ctrl late data of ee on. of ate f amley a elv1 gibed. V Para eti+ t &—AfW tip may, iN T 3'i•IAitONY 1UtH QF�.1ltaare;t eytr o bs ibed my nanwAnd tfi6 s of the A�ctr Btsurettce. Company on tltls' 23rd daypf June },. 10 ftin J:: . .8ekxlt)t�r ?hid Z,qrZAtiono, limits Ow acts ►d thrw authfjttybindtla 1i ur>6ierfakiags spec�(acally.named,therein !q 1► ewcc pt In :lra xiear: t �idatie extent hereh stated: tN:�A6� ta�NE) ALL J�Ft CoietboiRS` al�.l: �evatapl er�sr'�ro�ip . � t1 _t oWnic ato: ' 135 N. Robl" Ave., Ste. US Pasadena, CA 911.Q1 OOMLOO13 00 03 03, Page 2 of 2 coAOrAn MA ytpMl Printed in I.S.A. 40 77 .. , LABOR AND MATERIALS BOND CLEANING AND CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SEWER LINES PROJECT NO.: PW 10 -02 Bond No. su I 10 6993 Bond Fee: Included with Performance Bond ADVANCED SEWER TECHNOLOGIES as principal ( "PRINCIPAL ") and _ Arch Insurance Company a corporation incorporated under the laws of the State of Missouri 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 HUNDRED SIXTY SEVEN THOUSAND TWO HUNDRED TWENTY EIGHT DOLLARS AND TWENTY EIGHT CENTS ($167.228.28), which is a minimum one hundred percent (100 %) of the contract, 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 CLEANING AND CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SEWER LINES PROJECT NO. PW 10 -02 ( "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 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 NO. PW 10 -02, 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 (CITY DRAWING FILE NO. ), which are made a part 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. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ( "ESMC"). $r-4 at-- Projw: TW LA,,wM.1.,ielsS..d (I )W) I -F'1 4077. 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 10-02, orof 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 We 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 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. 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. CIl�—PICrN Alvin a+ AI — .1 . 11 . PRINCIPAL's MAILING ADDRESS: Advanced Sewer Technologies 4617 Brazil Street Los Angeles, CA 90039 June 20 10 Arch Insurance Company Matthew J. ,oats, Attorney in Fact SURETY's MAILING ADDRESS: Arch Insurance Company 135 N. Los Robles Ave., Suite 825 Pasadena, CA 91101 NOTE- (1) ALL signatures must be acknowledged by a notary public. Return two (2) originals to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. LABOR AND MATERIALS BOND I -r•2 (n&271021 I -F -2 e t CALIFORNIA ALL - PURPOSE ACKNAwILEnn umm-r State of Californi County of Aid On R,R before me, .� Date personally appeared i NCMII t I�A dies I /�OfZp "sue Coft 6MYCOMM. / Here Insert F Name(s) of Sil A16PAm I Title of the Offi 4077, GIYIL CODE 9 118f ow L, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Oare subscribed to the within instrument and acknowledged to me that Ua4a silthey executed the same in bisf#wer/their authorized capacity(ies), and that by WsA;oWtheir 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 ha and official seal. Signature: Place Notary Seal Above Signature of Notary Public OPTIONAL ' Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. l Description of Attached Document t Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer— Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: C) 2010 National Notary Associatinn . Nafinn,lmm ....,.. Number of Pages: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Item #5907 4077. CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California County of Orange On JUN 2 3 ZplO before me, Adelaide C. Hunter, Notary Public (insert name and title of the officer) personally appeared Matthew J. Coats 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 heA&e/+ey executed the same in hisAwrA4wir authorized capacity(ies), and that by his /4mr/t heir signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature_... - A/kA/� ADELAIDE C. HUNTER Commission # 1808793 Notary Public - California Orange County My Comm. Expires Aug 8, 2012 POWER Or A T1'ORNE a $ Know All Men By These Presents: That the Arch Insurance Company, a corporation organ principal ° 'd and existing under the laws of the State of Missouri, having its Kansas City, Missouri (hereinafter referred to as the 'Company") does hereby appoint Linda D. Coats, Matthew J. Coats, Timothy D. Rapp and Douglas A. Rapp of Laguna Hills, CA (EACH) Its; true and IaNr ul Aitomey BAl -Fack to make. execute, seal, and deliver from the date of issuance of this. power t�or and on its behalf as surely, and as hs act and deed: Any and aU bonds and urdlerlakings EXCEPTION: NO AUTHORr y is .granted to make, exeaft, seal -anti deliver bonds', or undertakings #hat guarantee the payment or coiledion of any prombsgy note; check, draft or letter of anedit. This authority'does not permit the aame ob%ptlon;to die split Into Moor more -bonds in older to bring each earth bond Vviq#6t tFie tidtar lirnft d1fa<,a,�ority as seffarifr.herein: The Companymay r`evoke thts appWi;ibnent at arwgme The sixicufjon.. of suet bonds end tmdert Nags in VW be as. binding y a� fuay tamed aMpVto a# #"nes. anct g the said. i'agulartY electtad oflioera et its purposes, as if the soft. iteon duty executed and adw owiedged by ft prtral o0ioe h Kansas City, : :: • . This Rawer of Attomey is executed by aut ority of 1' dutio>m adoptied by unar*na s Whsent of the Boa of Dir+sctors of ft... Camparty on March 3,: 2003; .tom and =mob + A a witk;h are:hsi+eig8t sat.f :a xi err'hereby eer i iD by SS%80 ryas being 16Aul1 taiioidAa Q . E ©. ' the t airrttatr of th@ Sctet+d,• the .Pr y, q' ari<yy e'f i nt, �' and fled with ft eA� w ed Ih °wring qr ills y. f�aye,s pt�wec aeti aY fir�ppint: aritl �tbotrteys -, and io a�rthorfae them to sxecu0e on behai�. of the.. Corrtparty, and attar .the seal: of Company t WWO, bonds ,and 60mrs. of the . , ` t�oritcaag-� billy: earl ether ��,orir � ,the't�a't�ne ttier�et#f; alitl• qty. Connlftnyrxwwy appoint 0" 1" eooeptanoe..of. p ss .This Power, of A## ngy„ ig and certified: by facskrtlte under and -b adopted bythe unanim m cbnsentoftheOMW of Dkectom of the Company Y' h 3, 2 ity of the following reaokution_ - ICY on Mauch 3, 2008; VO'Fi. TtBt the ' tafure of Cam, the f$asident. or arty t�kte fir #heft' designated In, writing and filed whh fire lFelary,..anct ti3e'. ofeory; Ube s of the oertifiattons by he. Secretary, Ifty be y yap n e,�an: Comprerty and resolution adopted by the Board , Directors on f�rch 3 X003, and. � � bs�nd exeouted.A t;�4:.the With u!espetx 10 any bond or u std ice' so ekc ftfiea; scaled erxl oef'tified ndertaking b wRidt It is attedw. strait continue to be Valk! find.pi ttpork;tlla;GO. tp r: DOMLQO13 00.03 03 'Pa9e T of`2 . in Testimony WIWe0f, the Company _has cau saj' hit kwtruM9rt,tD be signed and its c0X4077 authorized Office m, his L2th d ay of J ama 8o seal to be AW. wW by Attested and Certified Arch Insurance Company EU Ml A Martin - J . N1 NJ Secretary r za J. Mlfhaef i3otj' Moo P"M STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS 1, Bdan C. Kuhn, O'NotHry Public, do hWVby COFW that Marfin J. Maw and J. Michael Pete persionally lrrvown to me to be the 8an`0 Persona whose nines are rpspective* as Secretary oxi. Vice President of OW Ards Insurance Companyj a CWPMWn organized and. e)6*V under: the, time of theStide'.cf Missotmi. subscribed to.the, 10�9 in t. appeared before me this day in person and severally 801WWwI0dQk1 thaf the being sealed with the corporate 60al and dellvereo the said lr�strurnent as am fiw ano - . thereunto duily their own free and voluntary 0cft for #0 uses and purposes #Web get v01WftY act Of scald CwPmftn &W as SEAL A- n C. Motery"fo Wy Publf.� CERTIFICATION IWO Mycbmnftsk*i expires 12-06 -21)11 1. -Martin j. NFIGen, S0KxetWdf-'"..ft*. Jan a 1 (fig **Mftm CoMpanyj do.. -.unach9d: ceffy that the Power of Adonley0ited on behalf v*p6r6*$), as.IWW abWe lis-or%* 'copy-an&#W-the,terne hm.been-.1n full form and Offed since the date #we* and Is in M form and effect an Me date of this motate; and I do. kftw. P0W6r0FAftrnqyw Vi*PrG$WeM was an Me dab of ammution 'IN T'ESTDAON.YWWJWGFI,i,'hwo.,twiMft4iiui*cribotmirm'nw':Md .40 Cornpanyonthk* 23rd 'dayig June -;M 0 Of the Arch,ftsurince. ........................................ Mift j;.HW- 0006WY Aitorne�c sots of #ow nmwo• siq tM b WW.um Th 'Zo #W -to ands F-Axlyrvarned'Aterein # Waord hW11*W WhInd *.-'3Lift G - F LOV OL ARG ADDIRM. Amb conowatom a 1 664610 1 .0:` nobles Ave., 8%. Sn Pasadenaj CA.01 1.01 OOML0O13 0003 03. -Paso 2 Of 2 MA 101 ptinift! In U.8JL TOM DALY CLERK - RECORDER 4077 . - , • s PROPERTY RECORDS BIRTH AND DEATH RECORDS MARRIAGE LICENSES /RECORDS PASSPORTS FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES Certificate pursuant to 995.640(a) Code of Civil Procedure State of California, ) I, TOM DALY, County Clerk - Recorder of the County of Orange, County of Orange )ss State of California, in and for said County DO HEREBY CERTIFY THAT ARCH INSURANCE COMPANY has been issued a certificate of authority as an admitted surety by the Insurance Commissioner 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, canceled, annulled, or suspended. ���fcgpc In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County this 23`d day of June, 2010. i TOM DALY Eo yc�eoulm �� By ,',,4n gel Cardenas Deputy County Clerk- Recorder NORTH COUNTY BRANCH OFFICE ORANGE COUNTY HISTORIC DOWNTOWN FULLERTON HALL OF FINANCE AND RECORDS SOUTH COUNTY BRANCH OFFICE 201 N. HARBOR BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 LAGUNA HILLS CIVIC CENTER FULLERTON, CALIFORNIA 92832 SANTA ANA, CALIFORNIA 92701 24031 EL TORO ROAD LAGUNA HILLS, CALIFORNIA 92653 Effective 3/2009 (714) 8342500 ♦ FAX (714) 834 -2675 ♦ WWW.00RECORDER.COM ♦ WWW.00ARCHIVES.COM 4077. , CITY OF EL SEGUNDO - BID SHEET CLEANING AND CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SEWER LINES PROJECT NO.: PW 10 -02 I -C -3 (page 1 of 2) ITEM NO. ESTIMATED QUANTITIES UNIT PRICE WRITTEN IN WORDS UNIT PRICE IN FIGURES AMOUNT 1 4,824 LF CCTV inspection of 6" sanitary sewer including traffic control, cleaning, debris removal and disposal, and sewage flow diversion if necessary for $ , 71, $ � per LF 2 154,224 LF CCTV inspection of 8" sanitary sewer including traffic control, cleaning, debris removal and disposal, and sewage flow diversion if necessary for $ .7 $f I �a per LF 3 16,818 LF CCTV inspection of 10" sanitary sewer including traffic control, cleaning, debris removal and disposal, and sewage flow diversion if necessary for $ ,7� $ per LF 4 including 14,865 LF removal CCTV inspection of 12" sanitary sewer traffic control, cleaning, debris and disposal, and sewage flow diversion if necessary for $ t e1 s.1 per LF 5 including 12,126 LF removal diversion CCTV inspection of 15" sanitary sewer traffic control, cleaning, debris and disposal, and sewage flow $ if necessary for per LF I -C -3 (page 1 of 2) 4077 . CITY OF EL SEGUNDO - BID SHEET CLEANING AND CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SEWER LINES PROJECT NO.: PW 10 -02 ITEM ESTIMATED UNIT PRICE UNIT PRICE AMOUNT NO. QUANTITIES WRITTEN IN WORDS IN FIGURES CCTV inspection of 18" sanitary sewer including traffic control, cleaning, debris 6 5,001 LF removal and disposal, and sewage flow $ diversion if necessary for per LF CCTV inspection of 21" sanitary sewer 7 539 LF including traffic control, cleaning, debris removal disposal, Q� -{ and and sewage flow $ ' $� diversion if necessary for per LF CCTV inspection of 24" sanitary sewer 8 8457 LF including traffic control, cleaning, debris q3 `7 removal and disposal, and sewage flow $ diversion if necessary for per LF TOTAL BID = $ /6'7_ X)riiAU TOTAL BID WRITTEN IN WORDS __ &►gyp_ h,(,( I( I �tx -i- S�.ve►�, I -C -3 (page 2 of 2) 4077.. BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder's Name AwauuA Form of Legal Entity (i.e., individual, partnership, corporation, etc.) If corporation, State of Incorporation (i.e., California) 1� Business q6l :z 6,A-7,i I s4ut+ Address I05 Telephone No. (?hf -55-0 -- a 7a Facsimile No. 0 lr- ��3 - -6(� 31 State Contractor's License No. and Classa� Original Date Issued I iJ t Expiration Date l a J� The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and /or corporate officers having principal interest in this proposal: - d i CC Prp""LiJl 60r-, The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: IUD L All current and prior DBA's, aliases, and /or fictitious business names for any principal having an interest in this proposal are as follows: D J`-4- I -C -4 4077, � � J IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all aforenamed principals this a8- day of 2010. BIDDER -- fi- Na. ne- grim S+r�- tly-, CA lw3 Subscribed and sworn to this day of 4)k 20_ NOTARY PUBLIC I -C -5 4077-.0911 ?a,?aS S • .��.4��Y i ¢L.'`�C Q 114- 4— 0_ �.'..s�q/:��,. -��.•, �� c�>�s3.%�.,s�S�>o >�.� ti- �S���,.TS,s�v�� e�R,c.C,s�Q,sa4,:i3 ®ar/�. State of California County of On /� before me, / 21`x+ 1l' DI Uzi " Date Here Insert game and Title of the OHic personally appeared 2U1 , .+4/'et_6!!f e(s ) of Signer SMCRA DIIAZ — CwCwmftwm i ism" Lot � C wft Comm. FXPNOS Jul 12.2019 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person($) whose name() isc w subscribed to the within instrument and acknowledged to me that he /sbaAhey executed the same in his /haAAI;eir authorized capacity(ies), and that by his /heir signature(s) on the instrument the person(s), 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 mvAyan8 Mid official se Signature— f Signature of OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER .. of thumb here 02007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 4077 • . . . CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) BIDDER'S Contractor's License Number is: 3-7j(p�� Class No.: 2. The expiration date of BIDDER'S Contractor License is: LA4L a,r� S1 201 . 3. BIDDER'S 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. Executed on 20 to at IIA & Virl (insert City and State where Declaration is signed). S e i _ 0 `�eff Typed Name: M"A Rua Title: my �s Name of Bidder: I -C -7 NON - COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ) 4077•...I being first duly sworn, deposes and say that he or she is �� 1 S 1ti4 ✓e A e of 4, I 11 �l 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. - VA=Wj Si re Typed Name Title 0 MM &&dhk G1�r�� lS Name of Bidder 1 AA/1 0 Date 40 77 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 the work of this contract." Signature of Bidder: Title: Business Name: / �V 6�o�� 1 ?s Business Address: 7 A424-1 _Lin 6A Telephone Number: (ele ) SSA -4--721-1 Dated this day of /�� 20 /0 . I -C -9 4077 , BIDDER'S CERTIFICATION OF SUBCONTRACTORS As detailed in Section 2 -3.1 (Page 11 -13-3) of the City Standard Specifications, Bidder certifies that he has listed below all subcontractors who will perform work in excess of one -half of one percent (1/2 %) of the total bid price or certifies that the bidder is fully qualified to perform and will perform that portion of the work himself. NAME, ADDRESS AND PHONE NUMBER OF SUBCONTRACTORS SUBCONTRACTED WORK (Make copies of this page if additional space is needed) a'�' 'r- Adl C r gnature of Bidder at I -C -10 REFERENCES 4077.. ,. The following are the names, addresses, and telephone numbers for three (3) public agencies for which BIDDER has performed similar work as the prime contractor or major subcontractor within the past two (2) years: 1. Project Title: X5600 E ��►��D�(�� /! �� C,PI� S CLTy ����L���,T�/ 5� u. Location: �)A`IOuS C�ii Di /�✓1 47��iC��1 LoY1 � c�ck) .r.�� � 1900 �, 10AV c( 1ouJ 0 Linn �ac� c� � 1G�0 ;- L(�; Name and address of owner "Ct 11-Qr Tr' Name and telephone i 0 S Cc,2) S-1 D 2 H S2. ember of person familiar with project Type of Work: C)>✓6An vi cie-O Oc e,, ±:j Se w_�-5 Contract amount: $ CIO, 001) Date comppletted: 1�,o� aOO61 Amount of work done by my /our firm under contract $ H, 000 Did your firm have any financial interest in Project? NO 2. Project Title: 200 AY'EI-\ l (A EP, J I rJ(A Location: V � t U U S - 0-.1 1-I CF SI--) IJ YYN FA rzi iJy Crt�j of S50o U 10- I l ter. v.i nc) (A Name and address of owner Name and telephone number of person familiar with project Type of Work: C_! eoV) ar-\d Vk' 6eC) o (�a y Siu Y Contract amount: $Z-U, OUS) Date completed: Qf.lL Amount of work done by my /our firm under contract $ / _!C�O , 6 i�zl u Did your firm have any financial interest in Project? /V" 3. Project Title: R.O 2.C.L 2EL - -F " (Da' Iy Location: \ku i oVis - (2A�\ Of :�(An D4eY_ nV_j )'►-)O 0i t\J of San &YAW &Wlc) '. 300 N o�' �j.��, � t g ree t ,Scan �►'iGY G� � r`)� e � , g2�11 Name and address of owner Name and telephone number of person familiar with project Type of Work: dente cwLJ ydk c) t(- 61-`i Contract amount: $ Q5D, Date completed: A Amount of work done by my /our firm under contract $ SD, Q'�O V Did your firm have any financial interest in Project? /V3 I -C -11 (Page 1 of 2) 40%7. 4. Project Title: C;j }�) (�Itrj� t - � � O) -Dg Location: VgV(U'k` - LI +11 DF �*yIblGI% Chi of Mn d U I P) LP 3 G - ��UC[J (X)6y (M fL ,CT [P y)dO Name and address of owner v-u c S64 -h, aE C�«) -41. ;-�(iLA �; exL t-5,q Name and t lephone numbe of person familiar with project -' Type of Work: C �.IDIVA 1/10 C4 VI C-1 �D C%i / LO �5 Contract amount: $ Date completed: Tt- Amount of work done by my /our firm under contract $ Z '4oO Did your firm have any financial interest in Project? 5. Project Title: C-(�T\) I V15Dect l Ui'1S bF Vhi2ia tits S c 1.1 MILS Location: J of \ Oil S C i -Cy a l� i�C)O D CALF C)k mr )\ e uDooc� : One fVia�cheSfipr i31�d �0 r�ox (�S IflO;UtLi oC(c sic Name and address of owner i CS��b�c- 5- 33 Name and telephone number of person familiar with project Type of Work: decty) C o, -A VCA o (7 r cvy --4. sew'cv-5 Contract amount: $ 19,jz�-O Date completed: Amount of work done by my /our firm under contract Did your firm have any financial interest in Project? o The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: ct- L oL, ; VVoi ,�k -s)r, , 5-te- a,, Lt I -C -11 (Page 2 of 2)