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CONTRACT 4998 Public Works Contract CLOSEDAgreement No. 4998 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND RAMONA INC. WATER MAIN IMPROVEMENT AT CENTER, MAPLE AND WALNUT PROJECT NO.: PW 16 -02 This CONTRACT is entered into this 16th day of March, 2016, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ") and laror�aa Inc. a. Calml'tmn�a Cor roratio9, ( "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 Milli V "I "liree 1-luridred Eh)[i1v I m oht °I "housand Three 1-lutidred Dollars ($1 £ 300,00) 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 Eighty -Five (85) working days (the "Contract Time. ") I -D -1 Agreement No. 4998 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. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third -party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits 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 I -D -2 Agreement No. 4998 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 Cijy Public Works The Contractor City of El Segundo Ramona Inc. 350 Main Street, 302 N. First Ave. Suite 1 El Segundo, CA 90245 Arcadia, CA 91006 Attn: Lifan Xu Attn: Michael Grbavac 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. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. I -D -3 Agreement No. 4998 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. 4998 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CIT" EL UNDO RAMONA INC. Greg Ca nter tl w p9� iP/T City M er ' APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney By: Karl H. Berge Assistant City Attorney Insurance Reviewed by:. t I -D -5 Taxpayer ID No. 7 3 -1 71.2 .9-0 Contractor State License No.: RS-0,O Contractor City Business License No.: 3 7a 60 Agreement No. 4998 WATER MAIN DMPR0VEA4BNTAJ CENTER, MAPLE AND WALNUT PROJECT NO.: PW 16-02 Bond No. 1000901785 Bond Fee: $12.828.00 and U.S. Sciecialtv Insurance COMDanv a corporation incorporated under the laws oythe State of �� and li�����z���mf (�m\iforniubuexccn¢� bonds and undertakings usoo]e surety, as surety ("SURETY^). are field and firmly bound unto the CITY OFBI.SBGl/NT}O(^'ClT`/'`)in the sum nf One Million Three Hundred EiqhtV Eiqht Thousand Three Hundred & DOLLARS, |uvvfu| co8ucy of the United States, nvbiob may be increased or deuccumod by a rider borcLo executed in the auoue manner as this bond, for the payment of which nuno PE(iy4C|l,/\L and SURETY bind tbo/DSo|voa' their *uuccse0oy, and assigns, Jointly and ucvcoz}/y, by this BOND CONDITIONS 2. 96kDHClP/kL'a work on the PnbboProject will be done in accordance with CITY's plans and specifications and with any permit issued by CITY, Should PR[NCf PAL. fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause al I required vvodc to be done and the parties executing the bond will be 6unlv bound for the payment ofall necessary costs therefor. 3 P6ONClP/\I' will guarantee its work against uny defective work, labor, or oj materials on the Public Pro1ject for a period of one (1) year following the Public Pr 'ect s, l-E-> Agreement No. 4998 completion and acceptance by CITY. 4. This bond is conditioned upon and guarantees due C01111111aflCe 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 16-02 or of the obligation to be performed will in any way al.fect its obligation on this bond, and it waives notice of any Such change, extension of time, alteration or niodification 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; 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 rernain in full force and effect. [SIGNATURES ON FOLLOWING PAGEI am Agreement No. 4998 SIGNED AND SEALED thim_t6th_ day of March 2V1G . Ramona Inc. ---- ' ' G | Company — P l�ESlDBNT 11�1 ��PAL,uSE'CRETARY PRINCIPAL's MAILING ADDRESS: 'Foot 8DR2TY`sSECRET6RY Inc. SURETY's MAILING ADDRESS: Surety 8U2N. First Ave. Ste. 1 18OUE. Lambert Rd. #210 Arcadia, CA010OG Brea, CAQ2821 NOTE: (1) ALL� signatures must beockonw|cducdbyu notary public. Return one (1) original to City Clerk's Office. (2) Bond shall hc effective for one (i) year after acceptance o[ the job. Agreement No. 4998 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY _KNOW -ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, -Texas Bonding Company,- an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland-- corporation and US. Specialty Insurance company, a Tekas corporation (collectively, the "Companies "), do by these presents make, constitute and appoint: Frank Morones of Brea, California its trite and lawful Attorney(s)-in-fact, each in their separate capacity if inore than one is milled above, with full power and authority hereby conferred in its name, place and stead„ to execute, „, acknowledge and deliver any and all bonds, recognizance s, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety,, providing the bond penalty does not exceed ”" "Ten Million* * * ** Dollars ($ * *10„000 „0100.00 ** ). This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice - President, any Assistant Vice- President, any Secretary or any Assistant Secretary shall be and is hereb)_vestedmith full power and °uuthorrty_°to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subjectm the_folfowtng __pro_visions:_ _ =Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver -any and allyborids recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Bxt Res nth a signature of any authorized officer and seal of the Company heretofo -re=or=_ hereafter _affixed to W power of attorney or =any certificate relating -__ ereee o WacsilfiWaa any power of attorney or certificate bearing facsimile signature or facsimile sa.a =shall he yd� binding upon the Company with respect to- _ any bond or undertakiripap undertaking-p which it is attached„ IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 st day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY n in xcawon�hara� yn'i ri �, , t By: �,SEFT.fa. 1990 ✓� "b ME �t '� '' Daniel P. Aguilar, Vice President err,rnr nully m ,� C9� �'�'�tr� '� nrr a�uiraw�'t�' nnrniuva� A notury public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.= of Los Angeles SS: On this 1st day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis, of” satisfactory evidence to be the person whose ?name is subscribed to the within instruirient and acknowledged to me that he executed the Mme in his uuthotizcd capacity, and that by his signature on the instrtnnenrthe person, or the entity upon behalf of which the poison acted, executed the instninienC I certify under PENAUT"Y OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official scab. (MARIA G, ROt7t OU Y Commission # 2019771 Signature (Seal) si Notary publlC . California zz LOS Angeles County Cttu . Ex fas DOC: 20 2017 1`, Michael Chalckson, , Assistant Secretary of American Contractors Indemnity C"otnpany, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness hereof, I have hereunto set illy hand and affixed the seals of said Companies at Los Angeles, California this �_ day I° r" ,M41 tltl�R �y ,7�t5'abaPtt'e'°d'$1L�aWW,, Corporate Seas a �1 a IP` "f Michael Chalekson Assistant tM1 Mf VPN �Y wk a � Secretary aErr zs ,999 eroya �„ n4� f �' Bond No r " s g Agency No. i7St1 1 " cowa , � ``,rra,nn;nr ``s ,i w %,,z vw+SNse Agreement No. 4998 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 . . . . .......... . ... ......... ... A notary public or other officer Gornpleting this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfUlneSS, accuracy, or validity of that document. ,State of California County of Orange On before: me,,L-.-C,la.r.k Notary Public —,,,. Here Insert Name and Title of the Officer personally appeared Frank Morones Narrie(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persori(s) whose narne(4) is/efe subscribed to the within instrument and acknowledged to me that heft executed the same in authorized capacity(i�). and that by � signature(s) on the instrument. the person(s), or the entity upon bohatf of which the person(e) acted, execute. d thc4. instrument. Place Notary Seat Above OPTIONAL Though this secticin is optional, completing this information can deter alteration of the document or fraudulent reattochment of this form to On vaintonded documont. Description of Attached Document Title or Type of Document Document Date'. Nuifter of Pages: Signer(s) Other Than Narned Above: --- --- Capacity(ies) Claimed by Signer(s) Signer- s Name: Corporate Officer — Title(s): Limited 'General Partner — Individual X. Attorney in Fact Trustee Guardian or Conservator Other. Signer Is Representing: Signer's Name: Corporate Officer — Tltle(s): Partner -- I-- Limited General Individual Attorney in Fact Trustee -.'Guardian or Conservator Other: . .... . ..... Signer Is Representing., N,14. w IR" (02014 National Notary Association - www.NationalNotary.org -1 -800- UISS NOTARY (1- 800 -87r -6827) ltem#5907 Agreement No. 4998 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Los Angeles On March 24, 01' before me, Public, Date ;personally appeared Nu Huvnh (here insert name and title of the officer) Mladen Grbavac and Dusanka Grbavac Notary who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. d Jr iL a Signature: _.... �' (Seal) OPTIONAL !Description of Attached Document 'Title or Type of Document: .., .... Document Date: _ Other: Lr" rr Number of Pages: ttiV�,t�1N4/,1)aima @�,,�I, _w (,.�msfmah�ir�, C9arlMgl .. p ,9,swg,ia;l;wa4�,aatItShia�rdru State of California County of Orange Agreement No. 4998 HUGH NGUYEN PROPERTY RECORDS BIRTH AND DEATH RECORDS CLERK - RECORDER MARRIAGE LICENSES /RECORDS PASSPORTS CER71 IFICAT1 � OIL A mirrED SURETY Y INS I .ER Certificate pursuant to 995.640(a) Code of Civil Procedure FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES 9�� I, Hugh Nguyen, County Clerk- Recorder of the County of Orange, State of California, in and for said County, DO HEREBY CERTIFY THAT U.S S eclal Insut -ance Comnany has been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California and that based on the records in this office, that authority has not been surrendered, revoked, cancelled, annulled or suspended. In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the seal of said County this 161h day of March, 2016. Hugh Nguyen, Orange County Clerk- Recorder (Purple Seal) DWce Cuevas, Deputy Clerk- Recorder NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE HISTORIC DOWNTOWN FULLERTON HALL OF RECORDS LAGUNA HILLS CIVIC CENTER 201 N. HARBOR BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD FULLERTON, CALIFORNIA 92832 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714) 834 -2500 • FAX (714) 834 -2675 ♦ WWW.00RECORDER.COM • WWW.00ARCHIVES.COM Agreement No. 4998 LABOR AND MATERIALS BOND WATER MAIN IMPROVEM ENT ATCENTER, MAPLE AND WAI-.,N[J'I' PROJECTNO.: Pik 16-02 Ramona, Inc, Bond No. 1000901785 Bond Fee: Included in Performance Bond ("PRINCIPAI.") and U.S. Specialty Insurance Company a col-poration BOND CONDITIONS 2. PRINCIPAL will pay all contractors, subcontractors, and persons I-ClItill.i-I eqviipment. M Agreement No. 4998 3, PRINCMALwi I I pay for all materi a Isand0therSUpplieS, for equipment used in. on, for or about the performance of the Public Pro . feet, 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 SC(YLInd0 MUMCipat Code. Ode ("ESMC­). 5. SURETY, for value received, agrees that no changes, extensions of tinge. alteration or modification of SPECIFICATIONS NO, PW 16-02, or of" the obligation to be performed Nvill in any way affect its obligation on this bond, and it walves notice of any raid) change. extension of tirne, alteration or modification of the contract dOCUrrionts or of" the obligation to be performed. 6, This bond consists of this instrument; the plazas 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 CXCCLIting this bond to (to so; and 13. A certificate issued by the county clerk for the County in which SURETY's representative is located conforrinna 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 III the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY: otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGEJ SIGNED AND SEALED this 11­116th_ clay of Ramona, Inc. __ INCIPAL's PRISIDENT iden-Grbavac; 11,"VINCIPIAL's SECRETARY Dusanka Grbavac PRINCIPAL's MAILING ADDRESS: R.q m n nq Inc.. 302 N. First Ave., Ste. 1 Arcadia, CA 91006 Agreement No. 4998 March _,2016 U 1 f urance Company SURETY's PRESIDENT Frank Morones, Attorney -in -Fact SURETY's SECRETARY SURETY's MAILING ADDRESS: CalWest Surety 1800 E Lambert Rd.- #210 Brea, CA 92821 NOTE: (1) ALL signatures must be acknowledged by a notary public. Z- I I Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the jot). I-F-3 State of California County of Orange Agreement No. 4998 HUGH NGUYEN CLERK - RECORDER CERTIFICATE OF ADMITTED SURETY INSURER Certificate pursuant to 995.640(a) Code of Civil Procedure PROPERTY RECORDS BIRTH AND DEATH RECORDS MARRIAGE LICENSES /RECORDS PASSPORTS FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES I, Hugh Nguyen, County Clerk- Recorder of the County of Orange, State of California, in and for said County, DO HEREBY CERTIFY THAT U.S Specialty Spccialty 1,usurance Compagy has been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California and that based on the records in this office, that authority has not been surrendered, revoked, cancelled, annulled or suspended. In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the seal of said County this 161h day of March, 2016. Hugh Nguyen, Orange County Clerk - Recorder A-- Duke Cuevas, Deputy Clerk- Recorder (Purple Seal) a� NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE HISTORIC DOWNTOWN FULLER TON HALL OF RECORDS LAGUNA HILLS CIVIC CENTER 201 N. HARBOR BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD FULLERTON, CALIFORNIA 92832 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714) 834 -2500 • FAX (714) 834.2675 • WWW.00RECORDER.COM ♦ WWW.00ARCHIVES.COM Agreement No. 4998 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT GIVIL CODE § 1189 P't A,<xx & ''Y x —��Xv—c 'kX Ck, .0u, "Am "e , , , � , , , , c - �e X, , , $exv - �c x, x'cex', x, cu-�"w UK' . .. ........ A notarypublic or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange,,, On, before me, L. Clark, Notary Public Date Here Insert Name and Titte of the Officer personally appeared Frank Morones . . . .... . . .................. . . . — Narne(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name(&) is/a.fe subscribed to the within instrument and acknowledged to me that hefty executed the same in his/h&54heit" authorized capacity(ieR); and that by Nsl� signature(5) on the instrUrnent the person(s), or the entity upon behalf of which the person(4s) acted, executed the instrurnent. I., CLARK Commission # 1996834 Notary Public - California Los Angeles County 2 Place Notary: Seal Above I certify under PENALTY OF PERJLJRY under the laws of the State of California that the foregoing paragraph is true and rarrect, WITNESS my hand and official seat. Signature .. ...... . .. . Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter afteration of the document or frati(Yulent rcattachment of this form to -an urfintendod docurnont. Description of Attached Document Title or Type Of DOCUrnent: Document Date: Number of Pages: signer(s) Other Than Named Above� Capacity(ies) Claimed by Signer(s) S,iq ner's Name: Corporate officer cer — -itle(s): Partner — Limited General Individual X,1 Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Represpnting: ... ..... .. ... _ ....... . ..... ... .. Signer's Name:____ -7 Corporate Off loer — -Title(s)* ' Partner — F General - Individual :'Attorney in Fact Trustee Guat dian or Conservator Other: . ..... . . .......... . Signer Is Representing: "4% m, oz (02014 National Notary Association - wvmt.Nationa)Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Agreement No. 4998 POWER OF ATTORNEW AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS; That .American Contractors Indemnity Company, a California corporation, °Texas - Bonding Company, an assumed name of Affierican Contractors Indemnity Company, United States Surety Company, aMaryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies "), do by thes6 presents make, constitute and appoint: Frank Morones of Brea, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with Rill power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recogn:i ance,s, undertakings or other instrinnents or contracts of suretyship to include rider's, amendments, and consents of surety, providing the bond ,penalty does not exceed * * ** * *Tcn Million * **'* ** Dollars ( * *IIl�O'00,000,04i ** This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Retrolsee'l that the President, any Vice - President, anyjWstantXice- President, any Secretary or any Assistant Secretary shall be and is hereby vested -with full power and authority =to appoint anyone or m�ifalile persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subjc fo the following, previsions: -_ _- Attorney -in =Fact maybe given full power� uthar� f6 ends he name of and on behalf of the Company, to execute, acknowledge and deliver, any andilFbonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary. Bit Resolved,, there signature of any authorized officer and seal of the Company heretofore or hereafter affixed toAny power of attorney or any certificate - relating -_ ther�o by faQsimjW a_nd any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Cornpany with _respect to= — any - lany bond or undertakin(o which it is attached, IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 st day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seats UNITED S "rA "I "k Iw SURE,TY COIk^I.IIANY U.S. SPECIALTY INSURANCE COMPANY arliari4aNecur aa,+, t�d''��BC1lAMyY xaaronmm %i dP tih b W 4PtlF �wurrr sty A" � sevcza,nsom w z By:� o �a 44i' w sY Y Daniel P. Aguilar, Vice President NserWiauuai"HawAr ruauaan vy4'�,.v�rgr11'y„w r A•:notary public or tither officer completing this certificate verifies only the identity of the individual who signed the doetnnem to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Slane ol`Californiri Co unity of Los Angeles SS: - On this 1st day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the saaine in his authorized capacity, and that by his signature on the instillorient =the person, or the ontity upon behalf of which the person acted, executed the Inslruli cm, I certify under PI NALTY Cl- PERIUItY tinder the laws of the State or California that the foregoing paragraph is: true and correm WITNESS my hand and official scat. WlklllA G. lltltll PtltNlit- 1fY'ClNG Si ature Seal �ahx Commission #I 2049771 gn (Seal) Notary Public . California Los Angeles County 2:' mee ' Cornrn, tt tE 20, 2017 t 1, Michael Chalekson , Assistant Secretary of American Contractors Indemnity Company, Te tas Bonding Company, United States -Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect_ In Witness Wl of acs Corporate Seals I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this _ day; Bond No t 1 Agency No. 17501 h4M Arypp „' 141,g �py4y Rfl diwSl+p �Z k0 �i.. aenlrayu''. }µY 411114dYf1, flu .... ar�auy � �.. „r IS i l Michael Chalekson, Assistant Secretary kayrd�rauMwwrw,n�'� Agreement No. 4998 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ,COUNTY OF Los Angeles 1 On March 24, 20118 before me, Public, Date personally appeared Nu Huvnh (here insert name and title of the officer) Mladen Grbavac and Dusanka Grbavac Notary who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r Signature: r (Seal) OPTIONAL Description of Attached Document Title or Type of Document: Document Date: Other: L7""'NU HUYNH Commission # 2108086 Notary Public - California Los Angeles County M coma x aims 1 t)t i - of Pages: tll, . la, itglc � ,,Jw it;l Vii„ by NV,-y Cj4jj'Caf i iiA 911111115 Agreement No. 4998 PROPOSAL FOR THE WATER MAIN IMPROVEMENT AT CENTER, MAPLE AND WALNUT PROJECT NO.: PW 16 -02 Date -010640 ] 93 20 1,G Coinpa�ry blame: Oil rto :..r 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. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE I -C -1 Agreement No. 4998 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. AID FIII 1!IATIVE ACTION CEIITIFICAT'ION 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 Agreement No. 4998 BID SCHEDULE WATER MAIN IMPROVEMENT AT CENTER, MAPLE AND WALNUT PROJECT NO.: PW 16-02 Company Name: RA-Mt2AjA TA)C., ITEM [NO. 1 2 . ....... — ­­­- DESCRIPTION Mobilization/Demobilization Traffic Control, Public Safety and Convenience UNIT LS LS QTY 1 1 UNIT PRICE IN FIGURES $ goo- $ . ........ . ..... AMOUNT $_2 5 1 —1111""Y Utility Potholing 2-1000— ............ 2-1 coo - 3 LS 1 Bracing and Shoring 00 0_ $ 00D_ 4 LS 1 Temporary High-Line Piping System LS 1 Construct 8-inch Ductile Iron (Class LF 853 52) Water Main including all Fittings and Appurtenances, Trench 6 Excavation, Pipe Bedding, Trench $ $ Backfill, Trench Resurfacing, and Temporary and Permanent Traffic Striping and Markin-qs Construct 10-inch Ductile Iron (Class LF 2,184 52) Water Main including all Fittings and Appurtenances, Trench 7 Excavation, Pipe Bedding, Trench $ Backfill, Trench Resurfacing, and Temporary and Permanent Traffic Stripinq and Markinqs Remove Existing 6-inch Water Main LF 1,264 and Construct 10-inch Ductile Iron 8 (Class 52) Water Main in same $ i'91:51'91X_ alignment including all Fittings and Appurtenances, Trench Excavation, Pipe Bedding, Trench Backfill, Trench I-C-3a Agreement No. 4998 I -C -3b Resurfacing, and Temporary and Permanent Traffic Striping and Markings Install 8 -inch Main Line Gate Valve EA 6 9 and Adjustable Valve Box $ _ $ i Install 10 -inch Main Line Gate Valve EA 15 10 and Adjustable Valve Box $ ���0° $� Construct Fire Hydrant Connection EA 8 complete including Hydrant Lateral, all Fittings and Appurtenances, Hydrant, 11 Gate Valve, Trench Excavation, Pipe $ , Bedding, Trench Backfill, Trench _12- Resurfacing, and Temporary and Permanent Traffic Striping and Markings Construct 1 -inch Water Service EA 124 Connection, Remove Existing Meter, Install New Meter, and Connect to Existing Customer Service including, all Fittings and Appurtenances, f f l 99, w 12 Trench Excavation, Pipe Bedding, $ $ Trench Backfill, Trench Resurfacing, and Temporary and Permanent Traffic Striping and Markings, Repair Existing Landscape / Hardscape / Concrete In Kind Furnish new 3/4 inch and 1 inch, �I 13 smart meters for bid item #12 as LS 1 $80,000 $80,000 determined by existing condition and by the Enqineer. Connect New Water Main to Existing EA 1 Service including 10 -inch x 4 -inch Tee in New Water Main at 21+08+/ - Center Street, all Fittings and 14 Appurtenances, Trench Excavation, Pipe Bedding, Trench Backfill, Trench Resurfacing, and Temporary and Permanent Traffic Striping and Markinqs Install Air Relief Valve Connection EA 3 Complete including, all Fittings and 15 Appurtenances, Trench Excavation, Pipe Bedding, Trench Backfill, Trench Resurfacinq, and Temporary and I -C -3b Agreement No. 4998 16 Permanent Traffic Striping and Markings Connect to Existing Water Main including all Pipe, Fittings and Appurtenances, Trench Excavation, Pipe Bedding, Trench Backfill, Trench Resurfacing, and Temporary and Permanent Traffic Striping and Markings, Removal of Interfering EA 13 $o Portions of Existing Pipe and Valves, and Cut and Abandon Existing Water Main(s) and Valve(s) Abandon Existing Fire Hydrant EA 8 Complete including Removal of Hydrant and Piping, Trench Backfill, 17 Trench Resurfacing, Construction of $ 1 Concrete Plugs, Restoration of Sidewalk and /or Landscaping Alternative Bid Items (Determined by the City on as- needed basis) Miscellaneous Water Improvements 18 LS 1 $100,000 $100,000 Type l Slurry m Gutter to SF 160,000 �� 0 19 Gutter in project area G $ $ TOTAL BID ITEM ITHROUGH 19 _ $ �b - TOTAL BID WRITTEN IN WORDS: O%1e IVA1\-\w -Thr. --" vl'tot tfA I -C -3c (BLANK PAGE) I -C -3d Agreement No. 4998 Agreement No. 4998 BIDDER'S INFORMATION Company Name:.. BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) If corporation, State of Incorporation (i.e., California) .......... _. ' 11r ,+L Business ® TAI C_ . Address 30 1 /L S -/N & /C' /U'14 V C ��.........� Telephone No......(61 0 13 Facsimile No. ( 2 mmmmmm m l State Contractor's License No. and Class q A Original Date Issued �„ Expiration Date 30b- The following are the names, titacs, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having principal interest in this proyp�fosal1l:y ry 3/ py y 7 y 3�' - p A'*:.i. d":l...e��.d..• ° r ""', _d..l ,IW"4 S '°. ,d' "''""w ..., .9au . /.:.. t, i`.. ,mP.. ,5�..,. .� �' K . " t3 The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: N c; All current and prior DBA's, aliases, and /or fictitious business names for any principal having an interest in this proposal are as follows: I -C -4 Agreement No. 4998 BIDDER'S INFORMATION (CONTINUED) Company Name: )l Bidder shall list the name of the person who attended the mandatory pre -bid job walk: Name: _AV'' LL I -C -5 Agreement No. 4998 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all a forenamed principals this 2 3 4 day of _, 20j,�. BIDDER Subscribed and sworn to this day of , 20_. NOTARY PUBLIC I -C -6 Agreement No. 4998 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Los Anqeles 1 On 2/23/2016 before me, Nu Hunh Public, Date personally appeared (here insert name and title of the officer) Dusanka Grbavac otary who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.. Signature; (Seal) dM Description of Attached Document Title or Type of Document: Document Date; Other: OPTIONAL Le NU UU°'M"WH Commis :Ion #t 2 Notsm PuNNo - Cs �7; C Los C Number of Pages: Agreement No. 4998 PROPOSAL GUARANTEE BID BOND WATER MAIN IMPROVEMENT AT CENTER, MAPLE AND WALNUT PROJECT NO.: PW 16 -02 KNOW ALL MEN BY THESE PRESENTS that, Ramona, Inc. , as BIDDER, and U.S. Specialty Insurance Company , as SURETY, are held and finely bound unto the City of El Segundo, in the penal sum of Ten Percent of Amount Bid DOLLARS ($ 10% of amount Pid , 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 February 22016 BIDDER* Ramona, Inc. e wreste PO Box 660219 Arcadia CA 91066 355 1360 SURETY* U.S. SReclaltv Insurance Com, an Frank Morones, Attorney -in-Fact 601 S. Figueroa St , #. 1600 Los Anqeles, CA 90017 (714) 784 0053 Subscribed and swom to this day of _ , 20 NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. I -C -7 Agreement No. 4998 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, aMaryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies "), do by these presents make, constitute and appoint: Frank Morones of Brea, California its true and lawful Attomey(s) -in -fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed * * * ** *Ten Million * * * * ** Dollars ($ * *10 „000,000.00 ** )., This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice_ - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and /or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary„ Be it Resr)lvod that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by,fiacsitnife and any power of attorney or certificate bearing facsimile signature or facsimtlt seal shall be valid and binding upon the Company with respect to any bond oruMertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 st day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals (1NITFD TA'TE a $I)RF't"Y COMPANY U.S. SPECIALTY INSURANCE COMPANY naZinia y ",''`{B "Up'�, `,74h �h�q td'�d�r 40�k5wxsrY y;w �r-"! wCORPDRATEO Vim. ��P is 5 . By: 9EPT 2 190 "'a Daniel P. Aguilar, Vice President to r sus +” I " �rrt % ar0 NN,,5 ��� � "� 4,1M A notary public or other officer completing this certificate verifies only the identity ortlte;individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document. State ofC alifornia County of Los Angeles SS: On this 1st day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name k =subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. �� Falaa RIA th fI0l1IIItIIIE2•tiW0NG Commission # 2019711 Signaature� i (Seal) �q�,+� Nottify PUbliC -- California LOS Angola County Comm, 1ir" Dec 20 2017 I, Michael Chalekson , Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In W i cress Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this "day of u a a Y. Corporate Seals�,�,,, ,,�yy+''jjj � xconPOn+sEO r�y'� BondBondA rota � M AA � +9EPi 231990 Y ,.n!' Y Agency No. 1701kr rod �qq �x �L 00" ,,,00INea4+ �y l w ink IY aY a� n m Michael Chalckson, Assistant Secretary �r Agreement No. 4998 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Is A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. . .... . ... .... . ... . ...... ...... ..... ­_ State of California County of Orange_ - . ...... . . ...... . ... .............. ____ On 01 (a before me, � 1­111-1 � .......... ... Date pargonally appeared Frank Morones L. Clark, Notary Public --- ------------ - - Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to rne of) the basis of satisfactory evidence to be the person(s) whose, narne(&) is /are subscribed to the within instrument and acknowledged to me that he/sheAhe) executed the same In his/hei4#.He'f authorized Gapacity(ime,)., and that by signature(s) on the instrument the person(), or the entity UpOrl behalf of which the person(e) acted, executed thc4 instrument. Place Notary Seal Above I certify under PENALTY OF PFRAJRY under the laws of the State of California that the foregoing paragraph is trtip anti correct. WITNESS my hand and official seal, Signature,, Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudufcnt rcattinchment of thhs form to an unintendod docutrient. Description of Attached Document Title or Type of Document..... .......... . ....... .. ...... Document Date, Number of Pages', Signer(s) Other Than Named Above: __ -1. ­ ­1 Capacity(ies) Claimed by Signer(s) Signer's Name,______ Corporate Officer . . . .... Partner Limited '.General Individual X Attorney in Fact Trustee Guardian or Conservator J tither Signer Is Representing: ....... . . ...... . . ......... . Signer's Name: corporate Officer — -Title(s); Partner Limited . J General Individual F-1 Attorney in Fact Trustee :. Guardian or Conservator Other: Signer Is Representing: 4 �YVX� 01 MINIZ (11 It 2014 National Notary Association - www.Nationa]Notary.org - 1 -800-LiS NOTARY (1- BOO -.876 -6827) [terra #5907 L CLARK Commission iv 1 N ary Public California OIL"os Angeles My Comm Expires N, 2016, ov2�8 Place Notary Seal Above I certify under PENALTY OF PFRAJRY under the laws of the State of California that the foregoing paragraph is trtip anti correct. WITNESS my hand and official seal, Signature,, Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudufcnt rcattinchment of thhs form to an unintendod docutrient. Description of Attached Document Title or Type of Document..... .......... . ....... .. ...... Document Date, Number of Pages', Signer(s) Other Than Named Above: __ -1. ­ ­1 Capacity(ies) Claimed by Signer(s) Signer's Name,______ Corporate Officer . . . .... Partner Limited '.General Individual X Attorney in Fact Trustee Guardian or Conservator J tither Signer Is Representing: ....... . . ...... . . ......... . Signer's Name: corporate Officer — -Title(s); Partner Limited . J General Individual F-1 Attorney in Fact Trustee :. Guardian or Conservator Other: Signer Is Representing: 4 �YVX� 01 MINIZ (11 It 2014 National Notary Association - www.Nationa]Notary.org - 1 -800-LiS NOTARY (1- BOO -.876 -6827) [terra #5907 Agreement No. 4998 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT notary public or other officer icermcompleting this certificate verifies only the identit y of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Lays Art ekes } On 2/23/2016 before me, Nu Hu nh Notary Public, Date (here insert name and title of the officer) personally appeared Dusanka Grbavac who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature; " t (Seal) OPTIONAL Description of Attached Document Title or Type of Document: Document Date: Other: � .. ,d� 19�) .: k m...�_ 992 -555 � i'� Y ,_ tQ.9 1.'?%l i ))'�IsA IlLt Number of Pages: war NIEMEN, Agreement No. 4998 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: Class No.:. 2. The expiration date of BIDDER'S Contractor License is: 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 12Z 3 20 16, at ' °8_LlI (insert City and State where Declaration signed). �' 'S nature s 46' 8 0 V ' _ �._.� ................ ...�.. ..... _. ........... . Typed Name V, Title . . . . . . . . . . .... . . ............ . - . . . . . . Company Name I -C -8 Agreement No. 4998 NON - COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ) ss. County of 1_0s AtJ6)ELi7-,5 being first duly sworn, deposes and say that he or- she is of rJA , -LtJ C „ 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. Signature vt rJIL 'IVA C Typed Name �w I -C -9 RA M rs fJA , 7AJ C_ Name of Bidder /Company Name Date e.p 2 Agreement No. 4998 WORKER'S COMPENSATION CERTIFICATION Section 1861 OF THE LABOR CODE (Workers' Compensation) Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his/her PROPOSAL, shall sign the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature of Bidder: 0/ Z .... �- __.. Title: Business Name: ) i') ° "I Business Address: °- Lz (27 4f i Telephone Number: / Dated this .2 3" day of ��r �,. ��� , 20�. I -C -10 Agreement No. 4998 DESIGNATION OF SUBCONTRACTORS WATER MAIN IMPROVEMENT AT CENTER, MAPLE AND WALNUT PROJECT NO.: PW 16 -02 Company Name: 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 %) of the bid and to procure materials and equipment from suppliers and vendors as follows: Name of Sub- Description of Subcontractor contractor portion of License Work Estimated Number Address Subcontracted $ Amount 7i 'r' S, 6 0 , us . . . ...................... i -c- 11 Agreement No. 4998 REFERENCES Company Name: )W-OnAIA - -Mx//- . The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime contractor or major subcontractor within the past five (5) years: Project Title: VJA tL, M-AV A qNAConr&,-,J -r we r V Location: 7" 4: L2LZI CITZ 6_7' -ALHAI)IR" Namdand'address of owner Name and current telephone number of person familiar with project Gojuy(KitcT � "J)uclr'Lr, rko'Al k)01rV',14 ,I - Type of Work: � k I " Wh-(zp- z&ca &1,11vrc7-(oV Contract amount:$ -570,9.40' Date completed: TA) e . .... ................ . . . Amount of work done by my/our firm under contract $ 70, 916, X ........... Did your firm have any financial interest in Project? . .......... . ............ _ ...................................... 2. Project Title: pn)njl� �LL�$O Q'j`z; C L Location: MrhA UiJ-b MDUA,-rAiAl 171L,, Lt,) ,d-VL5, VAJ2-7MA) /I (' -.-7 - CL- C P �VtrN DMA 6 L;,-- A J -,')n P- A II q 1 '74 / Name rid Address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount: $ . . . !q... 6 �ko Date completed: . .... . . .. Amount of work done by my/our firm under contract $ l 6TO Did your firm have any financial interest in Project? I-C-12 3 4 Project Title: 7/') VL 0 P, rA V,?, /U 14� U7A-7Z,'L11AJ6- Location: 'A .166 'a.. Agreement No. 4998 501 TRA216247-10tl -4T 1)),9A,7,7,A-r,1L)) , 6j± Ile9_614 Q Name and address of owner Nam and current telephone number of person familiar with project Type of Work: Contract amount: $-..J.7S ..j 3 6, Date completed: 711 Amount of work done by my/our firm under contract $ 1-79, /3 L . .......... -- Did your firm have any financial interest in Project? Project Title: Location: UIDI--,AJ+A 0A AAVDvAlE 6-� v 2- Nam dand It X-Alu K;—m'e- and dress of owner Type of Work: -3 / 0 Ll 3 6 ihone number of person familiar with project: Contract amount: $ T.2 2 Date completed: Amount of work done by my/our firm under contract $ /.2 2 1, -M f, Did your firm have any financial interest in Project? 5 Project Title: Location: Name and address of owner I-C-13 Agreement No. 4998 Name and current 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? 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: _..7 '" 4 - M.�- I -C -14 Agreement No. 4998 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS WATER MAIN IMPROVEMENT AT CENTER, MAPLE AND WALNUT PROJECT NO.: PW 16 -02 Company Name: - R,4 M 0 AJ A. TW C_ 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. Have you ever been disqualified from any government contract? Yes ❑ No lJ' 2. If yes, explain the circumstances: 3. Are you registered in accordance with Labor Code § 1725.5 [Note: failure to register requires the City to reject your bid as non - responsive]? Yes Ell" No L� idder's Signature dEQM/knl e" „ Name (Please Print) I -C -15 Agreement No. 4998 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] WATER MAIN IMPROVEMENT AT CENTER, MAPLE AND WALNUT PROJECT NO.: PW 16 -02 Company Name: ,fir J - C- 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: y e of lnst:trance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires California Worker's Compensation Coverage with the associated Waiver. Out -of -state coverage will not be accepted in lieu of the California coverage, because the work is being performed in the State of California. By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will render the bidder's proposal "nonresponsive." z' ... . ....... .... Date I -C -16 Agreement No. 4998 END PROPOSAL SECTION I -C -17