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CONTRACT 4536 Public Works Contract CLOSEDAgreement No. 4536 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND SOUTHWEST PIPELINE & TRENCHLESS CORP. TRENCHLESS SEWER IMPROVEMENT 2013 -14 PROJECT NO.: PW 13 -23 This CONTRACT is entered into this 22nd day of January, 2014, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ") and Southwest Pipeline & Trenchless Corp., a California corporation ( "the Contractor "). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work "). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be 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 Eighty Six Thousand Five Hundred Fifteen Dollars ($186115.00) 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. I -D -1 Agreement No. 4536 A. The Contractor will fully complete the Work within Twenty(20)working days (the"Contract Time.") B. The Contract Time will commence when the City issues a Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until; 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 an forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents,the Contractor agrees to indemnify and defend the City against any third-party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense,will obtain and maintain during the Contract Time,all necessary permits,licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents,data,studies,drawings,maps,models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits I-D-2 Agreement No. 4536 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 parry by the other party will be deemed made when received by such party at its respective name and address as follows: The City The Contractor Lifan Xu Justin Duchaineau Public Works Southwest Pipeline 350 Main Street, 22118 S.Vermont Ave. El Segundo, CA 90245 Torrance, CA 90502 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. 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. I-D-3 Agreement No. 4536 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 Agreement No. 4536 IN WITNESS WHEREOF the parties d ave e toted this contract the day and year first hereinabove written. CITY 0" E SEGUNDO South w st Pip `:e&Trenc s Corp. Greg Car ter Duchalneau City agar esidnt ATTEST: 'µ Taxpayer ID No �S -X110`�Sas Tr WeA'ver, City Clem Contractor State License No.: 773862 Class A Contractor City Business License No e1 "A APPROVED AS TO FORM: MARK D.HENSLEY, City Attorney Karl H.Berger, Assistant City Attorney I-D-5 Agreement No. 4536 IN WITNESS WBEREOF the parties o ave e uted this contract the day and year first hereinabove written. CITY OF EL SEGUNDO Soother st Pip " Trend s Corp. Greg Carpenter Doehaineau City Manager esident ATTEST: Taxpayer ID No, 1�S Tracy "'Weaver, City Clerk Contractor State License No.:773862 Class A. Contractor City Business License No.: APPROVE D 6R MART O.I Ny ;C rriey By: Karl H. Ber , Assistant CiW, ttorn y I.B.; . Agreement No. 4536 FAITHFUL PERFORMANCE BOND TRENCHLESS SEWER IMPROVEMENT 2013-14 PROJECT NO.: PW 13-23 Bond No. 024055681 Bond Fee: Premium: $2,337.00 Southwest Pipeline&Trenchless Corp., ("PRINCIPAL") and Liberty Mutual Insurance Company , a corporation incorporated under the laws of the State of MA 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 Eighty Six Thousand Five Hundred Fifteen Dollars($186,515.00), which is a minimum one hundred percent (100'0) 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 wil I apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, SPECIFICATIONS NO.PW13-23, TRENCHLESS SEWER IMPROVEMENT 2013-14,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.PW13-23,TRENCHLESS SEWER IMPROVEMENT 2013-14,a copy ofwhich is on file with CITY's Engineering Division("Public Project").Such performance will be in accordance with CITY's plans and profiles which are made a part of this bond when said 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 I-E-1 Agreement No. 4536 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.PW13-23, TRENCHLESS SEWER IMPROVEMENT 2013-14, or of the obligation to be performed will in any way affect its obligation on this bond,and it waives notice ofany 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. I-E-2 Agreement No. 4536 SIG D AND SE D this 31st day of January ,20 14 Sout est Pipelin nd Tre Mess Corp. Jh y Mutual Inspr . ce Company r Noeml uiro� Attorney-in-Fact NCIPAL's PRESIDENT Maria Pena, PRINCIPAL's SECRETARY SURETY's SECRETARY PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS: 22118 S. Vermont Avenue 330 N. Brand Blvd., Ste 500 Torrance, CA 90502 Glendale, CA 91203 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one(1)originals to City Clerk's Office. (2) Bond shall be effective for one(1)year after acceptance of the job. I-E-3 Agreement No. 4536 Certificatte pursuant to 995.6400)Code of Civil ProcedurA C, L N Coo 11 � c ,State of Caiifornie,in r said County DO HEREBY CERTIFY THAT is has a 1xtifi(w to of aut odty as an admitted surety I' ue t tMo Caiif w i insurance Commissioner authorizing the insurer to transact surety insurance i t-.,�., e State of California,and that a on a records shown in t Isar t f NN Insurance sits®that authority has not n surrendered,revoked,,oars toad annuil a or sus nd ��"u.�." In T y y her ! f�I f re nt y th said Count on " . COUNTYCLERK Y` Deputy County Clerk Agreement No. 4536 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss County of Los Angeles On JAN o 12014, before me, Lisa L. Thornton Notar y Public , personally appeared Noemi Quiroz , who proved to me on the basis of satisfactory evidence to be the person{s4 whose names is/a4:e subscribed to the within instrument and acknowledged to me that 4e�she, 4ey executed the same in 44+ herd authorized capacity4es), and that by 4i&/her # signature4-s4 on the instrument the person{s4, or the entity upon behalf of which the person{ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: � (Seal) tsa L. T,ornt f Notar Public LISA L.THORNTON Commission # 1940213 i Notary Public -California * e Los Angeles County 2: � " y Comm.Lxijres Jun 10,2015 Agreement No. 4536 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State oaf C f �.. . r. .��r.,�r.,car. �» ��;� .� �r.��. ., .�:c. r.��:c. r ;rr�� om a County of Los Angeles On before me, Robert Bolger Jr. , Notary Public C 16 Hero Tal Insert Name and e of ft Officer Justin Duchaineau personally appeared Name(S)of Signor(-;) 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 t ROBERT 90LGER JR. his/her/their authorized capacity(ies), and that by Commission # 1893724 his/her/their signature(s) on the instrument the Notary Public - California z person(s), or the entity upon behalf of which the Los Angeles County My Com- Expires Ma person(s) acted, executed the instrument. r 21,2014 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. s. WITNESS my hand and official seal. Signature: Place Notary Seal andlor Stamp Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to parsons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: p Document Date: _ Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑Corporate Officer--Title(s): ❑ Individual ❑Individual i ❑ Partner—❑Limited ❑General Top of mumb here ❑Partner—❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: g p enting: 02M Nati"Notary Aasccrltion•9150 De Soto Ave.,P.O.Box 2402•Cha%wo+tlt,CA 91313-2402•www.NaWnWttmry.org Item x5907 Reorder.Call Too-Free 1-806676.6827 Agreement No. 4536 LABOR AND MATERIALS BOND TRENCHLESS SEWER IMPROVEMENT 2013-14 PROJECT NO.: PW 13-23 Bond No. 024055681 Bond Fee: Premium Included in Charge for Performance Bond Southwest Pipeline&Trenchless Corp.. ("PR NCIPAL")and Liberty Mutual Insurance Company a corporation incorporated under the laws of the State of MA 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 sure of One Hundred Eiah,tv Six Thousand Five Hullfted Fifteen Dollars ($186,515.00), which is a minimum one hundred percent (100°l0) 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 , SPECIFICATIONS NO.PW13-23, TRENCHLESS SEWER IMPROVEMENT 2013-14 ("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 ofthis 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 I. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO.PW13-23,TRENCHLESS SEWER IMPROVEMENT 2013-14, and the public works contract executed for such Specifications,copies of which is on file with CITY's Engineering Division("Public Project').Such performance will be in accordance with CITY's plans and profiles,which are made 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. 1-F-1 Agreement No. 4536 1 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("ESNIC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO.PW 13-23, TRENCHLESS SEWER IMPROVEMENT 2013-14, 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. S. 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 retrain in full force and effect. I-F-2 Agreement No. 4536 SIGNED ND S ED this 31st day of Janurary ,2014 Seutiv Pi 115 and Tr ncbless C� . Q _ Liberty,` a u l] sure M� oemii mpany Quiroz,Attorney-in Fact CI "AL's PRESIDENT ? . Maria Pena, PRINCIPAL's SECRETARY S µ Y's SECRETARY PRINCIPAL's MAILING ADDRESS; SUR.ETY's MAILING ADDRESS: 22118 S.Vermont Avenue 330 N.Brand Blvd.,Ste 500 Torrance,CA 90502 Glendale,CA 91203 NOTE: (1) ALl. signatures must be acknowledged by a notary public. Return one(1)originals to City Clerk's Office. (2) Bond shall be effective for one(1)year after acceptance of the job. I.F-3 Agreement No. 4536 .p Cerfficate pursuant M I Procedure �. LOGAN x County CND of the Curt .StMe of California,in and for said Co unty 00 HEREBY CERWY THAT aiiaia cr , qi&uurr°ter � p ii�a� sr�rriy t�s d by�the li rrni Insurance Conureu S&IOih'er authonz a"n the a nsurerto transact surety insurance in true S'tate of Ga itoffua,ana thaT based on the records shown in Msuran wema'L,.treat swhoiruty has not been surtendered, UrnarS w or susrGeniaed Said County parr � sd y I�� res �ar v;afn�r J.I11~i us itsr t��ssf� hand sru�s � � � r Co�1�TYC� w w Y: Nast County CIO ;W1 E . Agreement No. 4536 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss County of Los Angeles IAN '3 1 H14 On before me, Lisa L. Thornton, Notary Public , personally appeared Noemi Quiroz , who proved to me on the basis of satisfactory evidence to be the persons; whose name{&} is/a�e subscribed to the within instrument and acknowledged to me that 4e�she,44+ey executed the same in 44+ her/thei authorized capacity{ieo, and that by 4&/herd signature{ on the instrument the person{, or the entity upon behalf of which the person{ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. P d r Signatu e: (Seal) isa L. Th Ito Notaryr,MP lic A .0 'A"Af v ' LISA L. THORNTON Commission # 1940213 Notary Public-California Los Angeles County ns A " r pi e'j un 10,2015 .w 0 Agreement No. 4536 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except In the manner and to the extent herein stated.Not valid for mortgage,note,loan,letter of credit,bank deposit,currency rate,interest rate or residual value guarantees. To confirm the validity of this Power of Attorney call 610.832.8240 between 9:00 am and 4:30 pm EST on any business day. American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company Is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, OGrt1i Qttlr0 of the city of Los)k t G GS state of its true and tav+ful atiomayin-fact„vdth full power and authority hereby conferred to sign,execute and aokrmowiodga the following surety bond: Principal Name: Southwest Pipeline and Trenchless Corp. Obligee Name: City of El Segundo Surety Bond Number:024055681 Bond Amount: See Bond Form IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 1 Bill day of November.2013. eo CA ��tet� r14su American Fire and Casualty Company ` % see a The Ohio Casualty Insurance Company Liberty Mutual Insurance Company 1906 19t2 1919 ; 1991 Wes merican Insurance Company �p� MV ' ��'err� ' ��A?wP�' k �vtasrcra By: e Oavid M"Carey,Assistant Secretary STATE OF PENNSYLVANIA as COUNTY OF MONTGOMERY On this 11 B"h day of Nove 2q1_3,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company,The Ohio Casualfy Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing Instrument for the pu s fhareln oontalned by signing on behalf of the corporattons by himself as a duly authorized officer. IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. N PAS X exraawve r t" COMMONWEALTH OF PENNSYLVANIA Notarial Seal If Or Teresa Pastella,Notary Public By' t Plymouth Twp.,Montgomery County Teresa Fastella, Otary Prublic ytr* My Commission Expires March 28,2017 Mfr Member PennsyrvanlaA ssoc�atlonolNotarles This Power of Attor ay i ado and executed pursuant to and Vy authority of the following fay-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV—OFFICERS—Seollon 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the President may prescribe,sWl appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute, seal,acmowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-In-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Corporation by their sl nature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed,such instruments shW be as bindling as 3 s hed by the President and attested to by the Secretary,Any power or authority granted to any representative or attorney- in-fact under the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys4n-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attomeys- in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Gregory W. Davenport,the undersigned, Assistant Secretary, of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing Is a full,true and correct copy of the Power of Atlomey executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 31 St day of January 2014 o 1906 1 g12 = 1919 r° 1991 By, Gregory W.Davenport,Assistant Secretary urary 1 ' +vrtl+{�v zhrarACar "" Agreement No. 4536 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles � f Robert Bolger Jr. , Notary Public On l before me, g y Date Horo Insert Name and Tllle of the 011lcer personally appeared Justin Duchaineau Namo(s)of Signers) n Q who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in ROBERT BOLGER JR. his/her/their authorized capacity(ies), and that by Commission # 1883724 his/her/their signature(s) on the instrument the Notary Public-California Z '° Los Angeles County person(s), or the entity upon behalf of which the My Comm.Expires Mar 21,2014 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. I° Signature: ''" Place Notary Seal and/or Stamp Above Srpnplsarco 01 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, Description of Attached Document Title or Type of Document: Document Date:..... Number of Pages: o Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Individual ❑Individual G ❑ Partner—❑Limited ❑General Top of thumb here ❑Partner—❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney In Fact ❑ Trustee ❑Trustee I" ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other:_ ❑Other: re n. Signer Is Representing: Signer Is Representing: 02008 National Notary Association-9350 De Sob Ave..P.O.Box 2402•Cha%%wrd%CA 9131 3-2402•www.NalionalNatary.arg Itam @5907 Reorder.Can TaFne 1-80M764W? Agreement No. 4536 PROPOSAL FOR THE TRENCHLESS SEWER IMPROVEMENT 2013-14 PROJECT NO.:PW 13-23 Date December 17, 20�13 9 - Company Name: Southwest Pipeline&Trenchless Corp. 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 ac,:ompanying 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 pi, 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 exter;ded 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 so-nding by U.S.Mail a Public Works Contract for signature by the Awardee,the proceeds of the security accompanying th;,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. EQUAL EMPLOYMENT OPPORTUNIT V COMPLIANCE I-C-1 Agreement No. 4536 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. 1-C-2 Agreement No. 4536 BID SCHEDULE TRENCHLESS SEWER IMPROVEMENT 2013-14 PROJECT NO.: PW 13-23 Company Name: Southwest Pipeline&Trenchless Corp. Item Description Uni t Estimated Unrt Pace _ Item Tota N0. Quantity (in figures) (in figures) Dollars/Cents Dollars/Cents 1� Mobilization/Demobilization Lump 1 sum $ Soo. to-O $ 8R7, o0 2 Traffic Control Lump I sum $ Zi oco.00 $ 7.,000.0 a Grind down intrudin lateral Each 27 $ 3 0o.Do $ 8,,;-0'0-00 4 4-ft in situ lining _ Each 18 $ 680 °p $ 30 zy o. 5 4-ft in situ lining with lateral opening (required Top-hat or $ 3,000. $ /S�etao 00 equivalent to seal the lateral annular.space�� Each 5 6 _8-ft in situ lining- - _Each 2 $ 3i yoo,oo $ ��goo.ov 7 20 ft in situ lining­__ Each 1 $ $ various locations ft. r 1,475 $ 37��c o $ S S�f c 8 Linen manhole to manhole at Linea. 9 Cut opening for lateral connection &seal the lateral annular space $ /' 000 o' $ between lateral,host pipe and liner 20 with Top Hat or equivalent. Each 10 4ft open trench spot repair at 5 ft deep(sloped grass area,no $ i 9vo. °O $ r Av 0.eo pavement,hard to accessible by machine.) Each 2 11 Before and post video inspection Lump for all repairs Sum 1 $ i ac 0.go $ 3., oo, a o0 i .l ter nate bid Item 12 4-ft in situ lining at unspecified locations JEach 20 t$, °• °° $ Z S 2 Pa Total(Item 1 Thru 12): $ AeL S-/S, oo TOTAL BID WRITTEN IN WORDS: �7/VE /f�NO�+.`r4 �7�h�Y d/X Tip•aJ�a +�Ye �v�e+Or�d /riF��y I-C-3 Agreement No. 4536 BIDDER'S INFORMATION Company Name: Southwest Pipeline&Trenchless Corp. BIDDER certifies that the following information is true and correct: Form of Legal Entity(i.e., individual,partnership, corporation, etc.) Corporation If corporation, State of Incorporation(i.e., California) California Business Address 22118 S.Vermont Ave. Torrance, CA 90502 Telephone No. 310-329-8717 Facsimile No. 310-329-0981 State Contractor's License No. and Class 773862 class A Original Date Issued 1-21-2000 Expiration Date 1-31-2014 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: Justin Duchalneau-President 22118 S.Vermont Ave.,Torrance CA 90502 310-329-8717 ext 104 Robert Bolger-Secretary 22118 S.Vermont Ave.,Torrance CA 90502 310-329-8717 ext 103 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: N/A I-C-4 Agreement No. 4536 IN WITNESS WHEREOF,BIDDER executes and submits this proposal with the names,titles,hands, and seals of all a forenamed principals this 16th day of December ,2013 BIDDER S th west Pipeline&Trenchless Corp. Justin Du alne President Subscribed and sworn to this 16th day of December,2013, NOTARY PUBLIC ROBERt BO n#1883724 .; ary P` ttHie-California z Los Angeles Co a My Comm.Ex Ira$Mar 71 20 ROBERT BOLGERJR. Commission# 1883724 Notary Public-California Los Angeles County L'My Comm.Expires Mar 21,2014 I-C-5 Agreement No. 4536 PROPOSAL GUARANTEE BID BOND TRENCHLESS SEWER IMPROVEMENT 2013-14 PROJECT NO.: PW 13-23 KNOW ALL MEN BY THESE PRESENTS that, Southwest Pipeline and Trenchless Cofpj as BIDDER,and Liberty Mutual Insurance Company ,as SURETY,are held and firmly bound unto the City of El Segundo, in the penal sum of Ten Percent of Amount Bid DOLLARS(S1 ,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 OFTHIS 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 r o e City of El Segundo. IN WI ESS WHERE :F the parties hereto have set their names,titles,hands,and seals this 4th day of December 201 . . LI DER* 3cr11h .st Pipeline and Trenchless Carp, B 221 S,Vermont Ave.,Torrance CA 90502(310)329-8717 SURETY* Liberty Mutual Insurance Company 1 -1) 1 1, B„ koffl �A Noeml Quircz,Aftonic -in-Fact 330 N Blvd.,Ste 500,Glendale, �A 91203 (818)9564250 SEE ATTACHED CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT *Provide BIDDER/SURETY name,title,address and telephone number and the name,title, address and telephone number for authorized representative. I-C-6 Agreement No. 4536 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) )ss County of Los Angeles ) On DEC, _ 4 2015 before me, Lisa L. Thornton, Notary Public , personally appeared Noemi Ouiroz , who proved to me on the basis of satisfactory evidence to be the persons} whose names} isAafe subscribed to the within instrument and acknowledged to me that 4gsheA4" executed the same in 4WherA4eif authorized capacitykies), and that by Wher{44ie4f signatures) on the instrument the person]-4, or the entity upon behalf of which the personj4 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. ne Sign ure* (Seal) Lis L Tdn, N Public W'�aWd�M "mwiQM�tl.h�'yp, �M'�..�M+wM y LISA L.THORNTON Lit. ' Commission#1940213 Notary Public-California Los Angeles Count " �,:c�a, 9 Y `''µ' fly Comm.Fxplres Jun 10,2015 Agreement No. 4536 This Power of Attorney lirnfts the acts of those named hereln,and they have no authority to bind the Company except in the manner and to the extent herein stated,Not valid for mortgage,note,loan,letter of credit,bank deposit,currency rate,Interest rate or residual value guarantees.To confirm the validity of this Power of Attorney call 810.832.8240 between 9:00 am and 4:30 pm EST on any business day. American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS.That American Fire,&Casually Company and The Ohio Camlly Insurance Compaq are mporalions duly organked under the laws of the Slate of New Hampshire,that Liberty Mutual Insu mhos Company Is a corporeton day orgatritird under tae laws of the Slate of Massachusetts,and Wont American Insurance Company Is a corporation duly antzed of the laws of the State of Indl(ana(hom1n;collectively caged Itre"Cora e),pursuant to and by aufhority betain set forth,.does hareby name,constitute and appolnl, 108 mi ulr0; of the city of Lc)§Art a slats of its true acrd iawful as -10act,with fug power and aaumtimtfy hereby conferred to sign,execute and salmowistig a the following surety bond: Principal Name: Southwest Pipeline and Trenchless Corp. Obliges Name: City of El Segundo Surety Bond Number:Bid Bond Bond Amount: See Bond Form IN WITNESS WHEREOF,this Power of Aaomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto Ihls 180, day of November.2013. ra CA tNstr -I my AmNStirp� Amedoarf Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company 1906 24 1912 1919 1991 Was merican Insurance Company 0, e David WCaMy.Assistant Secretary STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this IP day of NovemN f, before me personally appeared David M.Carey,who admowledged hImself to be the AssIstantSecrelary of American Fire and Casualty Company, Liberty hikatual Insurance Cornparty,The Ohio Casualty Company,and West American Insurance Company,and gnat ho,as such,being authorized so to do,execute the foregoing Instrument for the puarpnses therein owtained by stgnlrg an behalf of the corporations by hlmself as a duly authorized offloor,. IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. b Pllgy0 COMMONWEALTHOFPENNSYLVANIA *'Ta Notarial Seal sa Tere Pastelle,Notary Public By:Plymouth Twp.,Montgomery County resa Pastalla, rotary rr fi My Commission Expires March 29,2017 "fu1Y This Power of Alcor o and executed pursuant to is nn U �of the V4Ty s and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now In full force and effect reading as follows: ARTICLE IV—OFFICERS—Spctfon 12.Power of Attorney.Any officer at other oMeW of hue Corporation authorized for that purpose in writing by the Chakman or the President,and subject to such fCmllatkhn as he Chairman or ilia Resident may prescrFbe,shall opWA such alfomeys-In-fact,as may be necessary to act In behalf of the Corporation to make,execute, seal,acknowledge and deliver as surety any and all undertakings,bonds,moognizarious and other surely obligations. Such attomays-ion-ract,subject to the limitations set forth In their respective powers of a s'ball have tuff power to bind the Corporation by their signature and exscullon of any such Instruments and to attach thamtm the saad of Oar Corporatlon. When so executed,such Instruments shah be as binding as if signed by the Praakleat and attested to by too Secrotmy.Any power oraufhorty granted to any re t'SINV or attorney- In-fact under the provlstons of this article maybe revoked at any time by the Board„the Cnalmmatt,the Preskdent or by the officer at ofticuars granting such powworauftAy. ARTICLE xllt—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such Ilmhations as the chairman or the president may prescribe,shah appoint such allomeysir~fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations.Such atomeys-bh-fact subject to the Iknitations set forth In their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as If signed by the president and attested by the secretary. Certlficate of Oeslgnaton—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys- In-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recagnizances and other suety obligations, Authorlaatlon-By unartimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of ft Company,wherever appeatkag upon a certified copy of any power of attorney Issued by the Company In connection with surety bonds,shah be void and binding upon the Company with the same force and effect as though manually affixed. 1,Gregory W, Cla"rrport,the und'erslgmd,Assistant.Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and Wast Anwilcon Insurance Company do hereby certy that the original power of attorney of which the foregoing Is a full,true and correct copy of the Power of AAtleomey executed by said Companies,Is In fun twoo and effect.Brad has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 4th day of December .4013 1,tt0 C'r'y f L%NS& 1'4'I0d$L, AINSOg, ° to 1906 w 1912 1919 1991 By, Gregory W.Davenport,Assistant Secretary w cur � Agreement No. 4536 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles Robert Bolger Jr. , Notary Public Z yy l q ( before me, ,04,14 more mien Name and Too of am onlcer personally appeared Justin Duchaineau emote► oaeds) M 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/shelthey executed the same in his/her/their authorized capadty(ies), and that by histher/their signature(s) on the instrument the ROBERT BOLGER JR person(s), or the entity upon behalf of which the Commission#1883724 person(s) acted, executed the instrument. Notary Public-California Los Angeles County Irml Comm.Expires Wear 21,2014� 1 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. Place Notary Seal WAW Stamp Above Signature: S hrar{ OPTIONAL Though the information below Is not required by law,it may prove valuable to persons re44ng on the document and could prevent fraudulent removal and reattachment of this lore b another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name:, Signer's Name: • Corporate Officer—Title(s): ❑Corporate Officer—Title(s): • Individual ❑Individual • Partner—❑limited ❑General Top of thumb here ❑Partner—❑Limited ❑General Top of Mumb here • Attorney in Fact ❑Atlomey in Fact • Trustee ❑Trustee " • Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: O2MNaliond Notary Anociatim-NXDoSMAve..RQDoa2e02•G+awordk.CA9171342 -www.NOtiori4ft".ary ft" rMo"C&DTasn"1a0"Maw Agreement No. 4536 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: 773862 Class No.: A 2. The expiration date of BIDDER'S Contractor License is: January 31, -,20 14 3. BIDDER acknowledges that Section 7028.15(e)of the Business and Professions Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid,the license expiration date is stated, and the bid contains a statement that representations herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the public agency." The undersigned declares,under penalty of perjury,that the representations made by the undersigned in this bid proposal are true and correct. Executed on 12- 6 ,2013 , at Torrance, TC'9 (insert City and State where Declaration signed). I a uirre Justin Duchaineau Typed Name President Title Southwest Pipeline &Trenchless Corp Company Name I-C-7 Agreement No. 4536 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ) ss. County of ) Los Angeles Justin Duchaineau ,being first duly sworn,deposes and say that he or-slw—is President of Southwest Pipeline&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,SL light 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 ofthe 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 rice,or any breakdown thereof, or the contents thereof, or divulged information or data rla' ve thereto, or paid, and will not pay, any fee to any corporation, partnership, company asso "ation, organization, bid depository, or to any member or agent thereof to effectuate a Coll .ive or Southwest Pipeline&Trenchless Corp naturc Name of Bidder/Company Name Justin Duchaineau 12-16-2013 Typed Namti° Date President Title I-C-8 Agreement No. 4536 WORKER'S COMPENSATION CERTIFICATION Section 1861 OF THE LABOR CODE (Workers' Compensation) Pursuant to Section 1861 of the Labor Code,the BIDDER,in submitting his/her PROPOSAL, shall sign the following certification: "I am a�y C of the provisio , of Sectiun 3700 of the Labor Code which require every employer to insured against IiabiI y for workers'compensation or to undertake self- insurance "iA accordance with the pro ision of that code,and I will comply with such provision: before commencing the erl'ornar�c d work of this contract." Signature of Bid Title: President Business Name: Southwest Pipeline&Trenchless Corp. Business Address: 22118 S.Vermont Ave. Torrance, CA 90502 Telephone Number: (_110 ) 329-8717 Dated this 16th day of nert;mhPr ,20_t3_. I-C-9 Agreement No. 4536 DESIGNATION OF SUBCONTRACTORS T.RENCHLESS SEWER IMPROVEMENT 2013-14 PROJECT NO.: PW 13-23 Company Name: Southwest Pipeline&Trenchless Co[p. BIDDER will perform the majority of the work and proposes to subcontract certain portions of the work which are in excess of one-half of one percent (1/2 of 1 1/o) of the bid and to procure materials and equipment from suppliers and vendors as follows: Description of Name of portion of Work Estimated Subcontractor Address Subcontracted $Amount (Number and Street) Charles King Company 2841 Gardena Ave. Point Repairs $9,669.00 (City,Zip Code) Signal Hill, CA 90755 i I I-C-10 Agreement No. 4536 BIDDER REFERENCES Company Name; Southwest Pipeline&Trenchless Corp. The following are the names,addresses,and telephone numbers for public agencies for which BIDDER has performed similar work as the prime contractor or major subcontractor within the past five(5)years: 1. Project Title: Sewer Pipeline Rahabilitation Phase J-1 Location: San Diego City of San Diego 1200 Third Street,San Diego CA 92101 Name and address of owner - Charles Dupont-858-627-3203 Name and current telephone number of person familiar with project Type of Work: Rehabilitate 43,322 LF of 8"Dia sewer line using CIPP; Install 775 Top Hats Contract amount:$ 3,193,079.00 Date completed: 2-2011 Amount of work done by my/our firm under contract$ $2,385,000.00 Did your firm have any financial interest in Project? ..No 2. Project Title: Sewer Pipeline Rehabilitation Ph-a%J-1A Location: San Diego City of San Diego 1200 Third Street, San Diego CA 92101 Name and address of owner Zina Rummani-619-980-6328 Name and current telephone number of person familiar with project Type of Work: Rehabilitate 37,158 LF of 8"Dia sewer main using CIPP; Install 684 Top Hats Contract amount:$ 3,292,819.00 Date completed: 5-2011 Amount ofwork done by my/our firm under contract$ 2,158,506.00 Did your firm have any financial interest in Project?_ No I-C-11 Agreement No. 4536 3, Project Title: Construction of Pipeline Rehabilitation Phase L-1 Location: San Digg, Ci of San Di2go Name and address of owner 1200 Third Street CA 92101 Name and current telephone number of person familiar with project Type of Work: Rehabilitate 40,984 LF of 8"CIPP,740 Top Hats Contract amount:$ 1 559 680.00 Date completed: 9-2011 Amount of work done by my/our firm under contract$ 1,559,680.00 No Did your firm have any financial interest in Project? Company Name: Southwest Pipeline&Trenchless Corp. 4. Pro j ect T rtle: Pi p eline Rehabilitation Phase P-1 Location: City of San Diego 1200 Third Street San Diego,CA 92101 Name and address of owner Scott Fischer-760-814-7226 Name and current telephone number of person familiar with project: Type of Work: Rehab 43,030'8"sewer main, 900'4"sewer lateral, 1171 Top Hats Contract amount:$ $5,215,015.00 Date completed: 1-2013 Amount of work done by my/our firm under contract$ $2,043,356.00 Did your firm have any financial interest in Project? No j Avalon Underground Pipeline 5. Project Title: w Location: Avalon Catalina Island City Hall 410 Avalon Canyon Rd. P.O. Box 707 Avalon, CA 90704 Name and address of owner I-C-12 Agreement No. 4536 Tom Bensfield- 310.516.6346 Name and current telephone number of person familiar with project: Type of Work: Install 100 Top Hats Contract amount:$ 200,000.00 Date completed: 7-2012 Amount of work done by my/our film tinder contract$ 200;004.00 Did your firm have any financial interest in Project? No Bidder may attach additional reference pages if necessary. The following are the names,addresses,and-telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: Alliant Insurance Services, Inc, 333 South Hoe Street-Suits 3750 Los Angeles, CA 90071 211270.0970 1-C-13 Agreement No. 4536 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS TRENCHLESS SEWER IMPROVEMENT 2013-14 PROJECT NO.:PW 13-23 Company Name: Southwest Pipeline&Trenchless Corp. Please state all instances of being disqualified,removed,or otherwise prevented from bidding on,or completing,a federal, state,or local government project due to a violation of a law or safety regulation. 1. Have you ever been disqualified from any government contract? Yes ❑ No 1f 2. If yes,explain the circumstances: dder's Signature Justin Duchaineau Name(Please Print) I-C-14 Agreement No. 4536 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] TRENCHLESS SEWER IMPROVEMENT 2013-14, PROJECT NO.: PW 13-23 Company Name: Southwest Pipeline&Trenchless Corp. To be awarded this contract,the successful bidder must procure and maintain the following types of insurance with coverage limits complying,at a minimum,with the limits set forth below: Type of Insurance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No.CG 00 01 1185 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City,its officials,and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed"primary"such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an"occurrence,"not a"claims made,"basis and will not be cancelable or subject to reduction except upon thirty(30)days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials,employees andvolunteers for losses arising from workperformedby Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement,endorsements as required herein, and such other evidence of insurance or copies;if policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of"A:VII." Certificate(s)must reflect that the insurer will provide thirty(30)day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificoo e ,any exculpatory wording stating that failure of the insurer to mail written noti cancellation poses no obligation,and to delete the word"endeavor"with regard to notice provisions. By signing this form, the bidder ertifies that it has rea , undcrst d will comply with these insurance requirements if i is selected as the C' 's consultant. Fai a to provide this insurance will render the bidder'. roposal"nonce, nsive." 12-16-2013 Date der's Signature A-C-15 Agreement No. 4536 END PROPOSAL SECTION I-C-16