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CONTRACT 3880 Public Works Contract CLOSEDf t ORIGINAL PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND SOUTHWEST PIPELINE AND TRENCHLESS CORP. This CONTRACT is entered into this 3rd day of December, 2008, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City") and Southwest Pipeline and Trenchless Corp. ( "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 FOUR HUNDRED SIXTY FIVE THOUSAND, SEVEN HUNDRED NINETY FIVE DOLLARS AND ZERO CENTS ($ 465,795.00) 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 seventy five (75) working days (the "Contract Time. ") I -D -1 3860•..4i 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. 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. I -D -2 38 Ct V - • s 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 Steven R. Vossmeyer President Southwest Pipeline and Trenchless Corp. 539 W. 140th St. Gardena, CA 90248 (310) 329 -8717 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 38yj0•..j 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 -38 0•.. � IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO ick ayt, City Manage ATTEST: Cindy Mort en, City Clerk APPROVED AS,;�'0 MARK D. HEN,t .y ity A4 By: Karr H. Berger, Assistant City Attu i ey SOUTHWEST PIPELINE AND TRENCHLESS CORP. Steven R. Vossmeyer President I -D -5 Taxpayer ID No. 95- 4768595 Business License No.: 3880 :. PROPOSAL C, FOR THE 0 TRENCHLESS REHABILITATION OF SEWER MAINS IN IMPERIAL HIGHWAY IN THE CITY OF EL SEGUNDO SPECIFICATIONS NO.: PW 08 -10 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 3880•,..4 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE 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. AFFIRMATIVE ACTION CERTIFICATION 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. NONCOLLUSION AFFIDAVIT 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 CITY OF EL SEGUNDO - BID SHEET REHABILITATION OF SEWER MAINS IN IMPERIAL HIGHWAY PROJECT NO. PW 08 -10 ITEM ESTIMATED UNIT PRICE UNIT PRICE AMOUNT NO. QUANTITIES WRITTEN IN WORDS IN FIGURES Furnish and install lining system in existing 15" sewer main including traffic 1 5186 LF control, cleaning, sewage flow diversion $ 7,15 . W $,32B350.6D if necessary, and pre- and post video inspection @ ,Sf five d0(lcir,S ctrd 7,p") Crnts per LF Furnish and install lining system in existing 8" sewer main including traffic 2 1918 LF control, cleaning, sewage flow diversion $.40.0b $ A if necessary, and pre- and post video inspection @ fi'orty dni(= acrid 7-em cerdn per LF Open existing lateral connections by 3 1 internal cutter @ yreh"re4:Nier*r: i of am each $ $12 .t� TOTAL BID = $ ,5, 7m5 -CD I -C -3 (page 1 of 1) BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder's Name Southwest Pipeline and Trenchless Corp. Form of Legal Entity (i.e., individual, partnership, corporation, etc.) Corporation If corporation, State of Incorporation (i.e., California) California Business Southwest Pipeline and Trenchless Corp. Address 539 W. 140th Street Gardena, CA 90248 Telephone No. 310/329 -8717 Facsimile No. 310- 329 -0981 State Contractor's License No. and Class 773862 - Class A Original Date Issued 01/21/00 Expiration Date 01/31/10 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: Steven R. Vossmeyer, President /Secretary /CFO 539 W. 140th Street, Gardena, CA 90248 Tel: 310/329 -8717 The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: N/A All current and prior DBA's, aliases, and /or fictitious business names for any principal having an interest in this proposal are as follows: Southwest Pipeline and Trenchless Corp. I-C-4 3880 - IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all aforenamed principals this loth day of November , 20 os . BIDDER Southwest•- Vipeline and Trenchless Corp. Steven R. Vossmeyer, President /Secreta YCFO Subscribe sworn to this day of , 20_ PieAse Set attach! ... NOTARY PUBLIC I -C -5 38 80 • .1 - CALIFORNIA JURAT WITH AFFIANT STATEMENT C<1 Cx11Gr-C<11U<,1 cxllc<l- k-,<,,C-r";rlc;,<Ikxlc<>crlc<.,c.�ll. ICCA.;<"cCA;,(",--<"C.; See Attached Document (Notary to cross out lines 1-6 below) See Statement Below (Lines 1-5 to be completed only by document signer(s), not Notary) State of California County Of Los Angeles ALFS—HA ARTHUR Commission #1526615 Notary Public • California Los Angeles County MVComm. Expires Nov 13, 2008 Subscribed and sworn to (or affirmed) before me on this day of _ November 2008 , by (1) Steven R. Vossmeyer Name 01 q qml proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) W me proved to e on the satisfactory evidence to be the person who appeared be OPTIONAL valuimle in ouiscris r(-1Yxg oil 810 (I"i'mmont e17d ("oula prevent - on"!i of Further Description of Any Attached Document T11v ur vs,, Qi Lxx,,ni•t Docurret.! Date RIGKTTHUIASPRW RIGHTTHUMBPRiFfT OF SIGNER #I OF SIGNER #2 Signerts) Other Than Namea Auo• e, IkIP k!e9io Cal T,41 FreP I tW ki,*., 662.' 380. ; PROPOSAL GUARANTEE BID BOND TRENCHLESS REHABILITATION OF SEWER MAINS IN IMPERIAL HIGHWAY IN THE CITY OF EL SEGUNDO SPECIFICATIONS NO.: PW 08 -10 KNOW ALL MEN BY THESE PRESENTS that, SOUTHWEST PIPELINE AND TRENCHLESS CORP. , as BIDDER, and SAFECO INSURANCE COMPANY OF AMERICA , as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of Ten Percent of Amount Bid DOLLARS ($ A10m`* ount °f Bid ) , 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 time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the.City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this 5th day of November , 2008 SOUTHWEST PIPELINE AND TRENCHLESS CORP. 539 West 1 r3-.1 Gardena, CA 90248, Poe No. 310.329.8717 BIDDER" Steven R. Qossmeyer, President SAFECO INSURANCE COMPANY OF AMERICA SURETY' l Michael R. Mayberry, Attorney -in -Fact 120 Vantis, Aliso Viejo, CA 92656 Phone No.: 949.860.6620 SEE ATTACHED ACKNOWLEDGMENT Subscribed and swom to this day of 20 NOTARY PUBLIC Provide BIDDER/SURETY name, address and telephone number and the name, title, address and telephone number for authorized representative. I -C -6 .5880 . • IF .. CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On November 5, 2008 before me, B. Aleman, Notary Public, personally appeared Michael R. Mayberry who proved to me on the basis of satisfactory evidence to be the person(s) whose name( &) is /are subscribed to the within instrument and acknowledged to me that he /s4e /they executed the same in his /beflthe+r authorized capacity(!e -s), and that by his /hem +�iT signature(&) 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 my hand and official seal. B. At "AN Signature Commission #� 1774647 B. Aleman, Notary Pu lic Notary Public - Caltfornlo t.os Angeles County C >n Oc}21,2011 POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 6843 Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle. WA 98185 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ... RRR #RR # #R RR #i #RE.S. ALBRECHT, JR.; TRACY ASTON; TOM BRANIGAN; K.D. CONRAD; ASHRAF ELMASRY; SIMONE GERHARD; JOYCE HERRIN; MICHAEL R. MAYBERRY; C.K. NAKAMURA; MARIA PENA; WILLIAM A. SADLER; EDWARD C. SPECTOR; MARINA TAPIA; LfSA THORNTON; BRENDA WONG; NOEMI QUIROZ; Los Angeles, CARRii #.i #fRi #f iii # #RRRi# ## #.RR R RRRRRRiiiRRii # #R#R its true and lawful attorney(s) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 24th day of March 1 2008 STEPHANIE DALEY- WATSON SECRETARY TIM MIKOLAJEWSK! , SENIOR VICE - PRESIDENT SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13 - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of- attorney appointment, executed pursuant thereto, and (iii) Certifying that said power- of- attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley- Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation Nov o D5 2008 this CIMMIM SEAL cfv;,�e ' e�. day of STEPHANIE DALEY- WATSON, SECRETARY SafecA and the Safeco logo are registered trademarks of Safeco Corporation. S- 0974 /DS 4/05 WEB PDF CONTRACTOR'S LICENSE DECLARATION (Business and Profe$siops Code Section 7028.15) 1. BIDDER'S Contractors License Number is: 773862 Class No.: A 2. The expiration date of BIDDER'S Contractor License is: January 31st ,20 10 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 Nov. 10th, 20 08 , at Gardena, California(insert City and State where Declaration is signed). ,/f � e Slgnature Steven R. Vossmeyer Typed Name: President Title: Southwest Pipeline and Trenchless Corp. Name of Bidder: I -C -7 .080 -. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On November 10, 2008 before me, �Alisha Arthur, Notary Public Date (Toro Insert Name a,W TJ'a of the Officer personally appeared — Steven R. vossmeyer -- -_ Nanlc(s) of S10nur(s) tsmHA ARTHUR Commisslon # 1526615 -� Notary Public California Los AngEties County MY Comm. Explrea Nov 13, 2008 Place Notary Soar Above 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 eal. Signature Si naturo of NWOr PuL•bc OPTIONAL Though the information below is not required by law, it miy prove valuable to persons relying on the document and could prevent frrudulent 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) Number of Pages: Signer's Name: _.__�.. - .__ - -- Signer's Name: Individual :.' Individual Corporate Officer — Tille(s): J Corporate Officer — Title(s): Partner _...: Limited General Partner Limited L. General Attorney in Fact • 'Attorney in Fact iap nt th ;.rr(y r,.•u: T:;p c( te., ^la nert7 Trustee Trustee Guardian or Conservator _: Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: _ 1 02007 NX if Ncury Assoaa9cn• 9350 On Sots A,P . PO fin. NCIP •r.I`a!SAYlfltl, CA 91913�TN; • v: -.e:: N*1fionnitj:,1,1 7 sq Itr,n .5907 Rewr!cr Can 1,,,l f > 1 8MR7G.rK42! NON - COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of Los ) Angeles Steven R. Vossmeyer , being first duly sworn, deposes and say that he or she is President of Southwest Pipeline and Trenchless Corp. 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. W-4 Er do .rte Signature M Steven R. Vossmeyer Typed Name President Title I -C -8 Southwest Pipeline and Trenchless Corp. Name of Bidder November 10, 2008 Date 3880 - . ..s 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: seven Tom' ossmeyer �J Title: President Business Name: Southwest Pipeline and Trenchless Corp. Business Address: 539 W. 140th Street Gardena, CA 90248 Telephone Number: ( 310 ) 329 -8717 Dated this 10th day of November , 20 08 1-C -9 Sd80•.... BIDDER'S CERTIFICATION OF SUBC014TRACTORS As detailed In Section 2 -3.1 (Page II -B -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 (112 %) 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 SUBCONTACTED WORK W Rtumthl W (J btkLized (Make copies of this page if additional space is needed) J*-- �L ii /io /os Signature of Bidder V Date Steven R. Vossmeyer, President I -C-10 -68 80 - ..1A REFERENCES 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: Please see attached Projects List... 1. Project Title: Location: Name and address of owner Name and telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my /our firm under contract $ Did your firm have any financial interest in Project? 2. Project Title: Location: Name and address of owner Name and telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my /our firm under contract $ Did your firm have any financial interest in Project? 3. Project Title: Location: Name and address of owner Name and telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my /our firm under contract $ Did your firm have any financial interest in Project? _ I -C -11 (Page 1 of 2) 3880 . „ Please see attached Projects List... 4. Project Title: Location: Name and address of owner Name and telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my /our firm under contract $ Did your firm have any financial interest in Project? 5. Project Title: Location: Name and address of owner Name and telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my /our firm under contract $ Did your firm have any financial interest in Project? The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: Aon Risk Services West, Inc., Agent for Safeco Insurance Company of America 707 Wilshire Blvd., Suite 2600, Los Angeles, CA 90017 - Tel: (213) 630 -3200 I -C -11 (Page 2 of 2) Q � � co A � � � @ ■ c ■ � J @ - �I- 0 c U J ® ■ ■ ol z m�� e $ § kCL � © 3 t � 0 � 0 ■ c 0 : > � }[ A� q 2 � $ k k f ( 2 ; ,ƒƒ 69 \) �) ai . a s a S § $ , 2 2 2 ! ) ) [ a `- S ° (k■ k ! � a, }� ! 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Q N to to M ti O Z O N C d H J d � a o �U C J H N tti LL V N (D C CL E C J N � 3 L O co w- 0 N .N JI LL 1 Q ( ° 11 3880..:, g I R � g Z N o Z z ° 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 N - fl N ✓ N N N N N N N N � N g I R � g Z N o Z z $ E a8 $ AID n o 3 3 0 0 0 0 Z Z Z Z a m m C5 m 0 J {{ C al r F U b A h o Y 6 p �ppp �ppp �ppp �ppp °' Oi Cn OQ� s W Z. o€ ova a0-. g �yy ` K 6' o 2 nc gK QK 4� U CD a cia a 22 2i 3 y N N N r ti 2 u� S; Q L 5�7h �Ecz N w (� 0 o Cm =2 q� w3 U W U Qo ^�pg b; U� tg3 tcN tgN Ca $ Y Y 9 aa z m^ coin c�^ tZ f 3a cooa >� nR clnx ��' �.°' �°' �° °° � g is cr 3 ° IL s a W w f/1 iiiiii SCi a n $ o o w c 2 qio N _ g n i w °° W° K I LL LL $ 6 �H n �& a v3 E g� �U sa ~aa op3 ° € o �� 6� oN 3 s- ry Ji o C D. S= f o c o > o = i ` o o 0 o LI og ¢n gR yRR �R yn Z$ `+ b p = qZ N p • • N o - ' e J x3 t7 K O Z p O v�i. 1 1� OJ Do n• • O O N A p R x X pL y o w` L e c L ^w a w Q o o Y c o O < ia U o^ U w o ¢ = ¢ 1. ¢ 131 Jn 3L o ¢ U 6 J u Y < c o w w x w iin S m m m n .n m n m m m m m m to m m r N r R R R g R M LL 3880 . FAITHFUL PERFORMANCE BOND Bond No. 660553 Bond Fee: $5,357.00 SOUTHWEST PIPELINE AND TRENCHLESS CORP. ( "PRINCIPAL ") and SAFEco INSURANCE COMPANY OF AMERICA , a corporation incorporated under the laws of the State of WASHINGTON 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 Four Hundred Sixty Five Thousand, Seven Hundred Ninety Five dollars and Zero cents ($465,795.00), 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 08 -10, 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 08 -10, 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 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. 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 08 -10 or of the obligation to be performed will in any Spodkaftnc- Pr0(.cb1PW FNnIW PcAamwcs Bad (/0U)) I -E -1 38 80 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 ANID,SIrALED this 22nd day of DECEMBER , 200__. SOUTH ELI W AND TIRENCH SS P. SAFECO INSURANCE COMPANY OF AMERICA PRINCIPWRESIDEN �T S HT6ti�78 DFW CHAEL . MAYBERRY / /// \ AfTORNE IWFACT PRINCIPAL'S SECRETARY SOU Y's SjCOaUAW B. WONG, WITNESS PRINCIPAL's MAILING ADDRESS: 539 West 140th Street Gar ena, CA 90248 -1509 SURETY'S MAILING ADDRESS: 17n VANTIS ALISO VIEJO, CA 92656 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. Spoeftelonl - ProNch%PW F@Mftd Perlamincl Bond ( I r0]) I -E -2 3880 . , , CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On December 22, 2008 before me, B. Aleman, Notary Public, personally appeared Michael R. Mayberry who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is /are subscribed to the within instrument and acknowledged to me that he /s#e/they- executed the same in his /hef/theiF authorized capacity(I<es), and that by his/ 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. S. ALEMAN Commission # 1774647 i Notary Public -California Los Angeles County Comm. 6 kes Oc121, 2011 Signature B. Aleman, Notary Public 3880., ,A LABOR AND MATERIALS BOND Bond No. 6605533 Bond Fee: Included in the Performance Bond SOUTHWEST PIPELINE AND TRENCHLESS CORP . as principal ( "PRINCIPAL ") and SAFECO INSURANCE COMPANY OF AMERICA , a corporation incorporated under the laws of the State of WASHINGTON 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 Four Hundred Sixty Five Thousand, Seven Hundred Ninetv Five dollars and Zero cents (5465,796.00), 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 Trenchless Rehabilitation of Sewer Mains in Imperial Hiahway. SPECIFICATIONS NO. PW 08 -10 ( "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 08- 10,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 "). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 08 -10, 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. Iw.dk..ono- vro(.a,,rw Labor MaleneItBond (1)0I) I -F -1 ,) b80. 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 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. SIGNED AND SEALED this 22nd day of r)FrF -mRFR , 20 nA SOUTHWEST INE AND TR ®ENCHLESS CORP. PRINCIP PRESIDEN PRINCIPAL's SECRETARY PRINCIPAL's MAILING ADDRESS: 539 West 140th Street Gardena, CA 90248 -1509 SAFECO INSURANCE COMPANY OF AMERICA S ET MICH EL R. YBERRY ATTO EVN- ACT S ' B. WONG, WITNESS SURETY's MAILING ADDRESS: 120 VANTIS ALISO VIEJO, CA 92656 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. LOOR AND MATERUILS BOND I -F -Z (OER7M) I -F-2 S 0 8 0 • ., . •. ,.r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On December 22, 2008 before me, B. Aleman, Notary Public, personally appeared Michael R. Mayberry who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&_) is /aFe subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /hef /their- authorized capacity(+e&), and that by his/ signature(&) on the instrument the person(&), 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. C409 . B. ALEMAN COmMIssion # 1774647 Signature Notary Public - California Los Angslgi County B. Aleman, Notary Public Cam• Od21,2011 POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 6843 Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint * * ***E.S. ALBRECHT, JR.; TRACY ASTON; TOM BRANIGAN; K.D. CONRAD; ASHRAF ELMASRY; SIMONE GERHARD; JOYCE HERRIN; MICHAEL R. MAYBERRY; C.K. NAKAMURA; MARIA PENA; WILLIAM A. SADLER; EDWARD C. SPECTOR; MARINA TAPIA; LISA THORNTON; BRENDA WONG; NOEMI QUIROZ; Los Angeles, CA * * * *** * *** ** its true and lawful attomey(s) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 4th day of November Edmund C. Kenealy. Secretary Timothy A. Mikolalewski, Vice President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 2008 "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys4n -fad or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed. or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of- attomey appointment, executed pursuant thereto, and (iii) Certifying that said power -of- attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Edmund C. Keneaty , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that troth the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this SEAL 5EAL 1953 ''✓ f eta tltfi> 'eef vr,�11t S- 0974 /DS 10/08 day of DEC 2 2 2008 Edmund C. Kenealy, Secretary Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF