Loading...
CONTRACT 5195 Public Works Contract CLOSEDAgreement No. 5195 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND STEPHEN DORECK EQUIPMENT RENTALS, INC. WATER VALVE REPLACEMENT PROJECT PROJECT NO.: PW 16 -24 This CONTRACT is entered into this 7th day of Septembe , 2016, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ") and Stephen l oreck E(,mi ament lteritals lnc. a Califoriiia Cor° aoration, ( "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 1 ltrndrecl Twe 11 "cur ThOUsa:nd wo l- lundred $event l ollarss ($L24 2 70O OO) 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 Forty (40) working days (the "Contract Time. ") I -D -1 Agreement No. 5195 B. The Contract Time will commence when the City issues a Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240- 10240.13. 5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third -party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 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. 5195 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 City of El Segundo 350 Main Street, El Segundo, CA 90245 Attn: Arianne Bola The Contractor Stephen Doreck Equipment Rentals, Inc. 9075 Telegraph Rd. Pico Rivera, CA 90660 Attn: Stephen Doreck 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. 5195 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. 5195 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY ". �� ,N., S�.�.. JNDO STEPHEN DORECK EQUIPMENT RE 1 [.,5, INC, Greg (� ° �e��'f�r.... ep li i Doreck.. City eager Vice es dertt ..I"1 -�,-s,� u Taxpayer ID No. 20- 8858954 APPROVED AS TO FORM: d By: M rl D. Hensley, City Attorney Insurance Reviewed by: mm I -D -5 Contractor State License No.: 665471 -A Contractor City Business License No.: 25624 Agreement No. 5195 State of California County of Los Angeles On 09/14/2016 before me, Sylvia Sifuentes (Notary Public) Dale Here Insert Name and Title of the 011icer personally appeared Stephen L. Doreck Narne(s) of Signer(s) W. tft N C 'Ion • 2061164 Notary Public - California Los Angeles County My COMM, a IM Oct 8 2018 who proved to me on the basis of satisfactory evidence to be the person() whose name(q) is /pffl subscribed to the within instrument and acknowledged to me that he /sU/YMY executed the same in hisM & /tffd/ authorized capacity(i)l and that by his /Mgr /tVt# signature(q) on the instrument the person(), or the entity upon behalf of which the person(p) 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 w,�il. Signaturr�.° Place Notary Though the information below is not required bylaw, it any prove w rd �tw persons relying o 'i the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:.... -.m .. . . , ....� Document Date Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): 1 Individual I Partner — ❑ Limited ;:a General Top of thumb here 1 Attorney in Fact 1 Trustee 1 Guardian or Conservator I Other: Signer Is Representing: Number of Pages: Signer's Name. ,,– 1 Corporate Officer - -- Titles) Signer Is Representing 2009 National Notary Associalion • Nationa'Notary org • 1- 000 -US NOTARY (1- 800 - 6766827) Item 05907 Agreement No. 5195 THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT FAITHFUL PERFORMANCE BOND WATER VALVE REPLACEMENT PROJECT PROJECT NO.: PW 16 -24 Bond No. 2214740 Bond Fee: $1,702.00 --__ Stephen Doreck Equipment Retitals, Inc. ( "PRINCIPAL ") and North American Specialty Insurance Company _ ., a corporation incorporated under the laws of the State of New Hampshire and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ( "SURETY "), are held and firmly bound unto the CITY OF EL SEGUNDO ( "CITY ") in the sum of Oric_1- updred Tweni Four `11iousartd Taro Hundred Seventy Dollar ($124.270100), lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, SPECIFICATIONS NO. PW 16 -24, and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 16 -24, a copy of which is on file with CITY's Engineering Division ( "Public Project "). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. PW 16 -24) 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. CITY has estimated the required amount of the bond as shown above. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. I -E -1 Agreement No. 5195 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code (`SSMC "). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 16 -24 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I -E -2 Agreement No. 5195 SIGNED AND SEALED this 7th day of September � 20 16 ,[l�,r' Us S� CRETAl 'V ; VA. iV14,1 o k V PRINCIPAL's MAILING ADDRESS: 9075 TelearaDh Road Pico Rivera, CA 90660 Arturo Ayala, Attorney -in -Fact SURETY's MAILING ADDRESS: 6 Hutton Center Drive, Suite 850 Santa Ana, CA 92707 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. I -E -3 Agreement No. 5195 M,7 q . - „ , r „ V T ; %, /F State of California County of Los Angeles Sylvia Sifuentes ota,q Public) On 09/14/2016 S c2016 before me Y � is liru�u.,9 Noi r u wn5 Nk1+r of Ib nr 011,�;vu personally appeared _ Catherine R. Doreck and Pablo Viramontes Name(s) of Signer(s) WITNESS my hand and official seal. Signature: Place Notary Seal Above Signalure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: r_,._ Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name:... _ W -7 Corporate Officer — Title(s); ❑ Individual CJ Partner — :7 Limited A General lop or Inurr,b Here LJ Attorney in Fact J Trustee Guardian or Conservator C] Other: Signer Is Representing O 2009 National Notary Association • NabonalNotary org • 1- 800 -US NOTARY (1- 800 -676 -6827) Item 65907 reement No. 5195 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT _._._._._._. n ...................._....._.... W W __... .... _ .......... . .� 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 J On September 7th, 2016 before me, Rudy Urieta , Notary Public, .............. _ - -- _ _ _... m______..,,,........................................................... ..............�................ Date Insert Name of Notary exactly as it appears on the official seal personally appeared Arturo Ayala Name(s) of Signer(s) 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 the form to another document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: 09/07/2016 .. Number of Pages: Three Signer(s) Other Than Named Above :: .......... ITITITIT mm m Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo AyawlawmWwwwwwwwwwwwwwwwwwwwwwwww ❑ Individual ❑ Corporate Officer — Title(s):_m ❑ Partner ❑ Limited ❑ General d Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: .. ❑ Individual ❑ Corporate Officer — Title(s):, ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 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. *�"` 's RUDY URIETA COMM. #2159828 M 1 certify under PENALTY OF PERJURY under the laws of Notary Public - California the State of California that the foregoing paragraph is true ' ORANGE COUNTY LL and correct. My Comm. Expires Jul 14,2020 mm Witness m rrd an hd offld I s al Signature Place Notary Seal Above — .._._-- ........_.� W__ Signature of Notary Public RR.�dy Urieta 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 the form to another document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: 09/07/2016 .. Number of Pages: Three Signer(s) Other Than Named Above :: .......... ITITITIT mm m Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo AyawlawmWwwwwwwwwwwwwwwwwwwwwwwww ❑ Individual ❑ Corporate Officer — Title(s):_m ❑ Partner ❑ Limited ❑ General d Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: .. ❑ Individual ❑ Corporate Officer — Title(s):, ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 1 .. ►. 11141LUX032 1161,11 a 0111291VIV I Lei kilral M 1112 IM41101 1► i►�Clil<#Ii�l17:7.110[#i1►1 KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Overland Park, Kansas each does hereby make, constitute and appoint: DANIEL HUCKABAY, ARTURO AYALA, ANDREW WATERBURY, DWIGHT REILLY, SHAUNNA BURCHFIEL, and MICHAEL CASTANEDA JOINTLY OR SEVERALLY Its true and lawful Attomey(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is SEAL w S} By '41d f•SlA .r was tklN lt,. ePYlal' Nce remote Cnl ai W'0 lii,ton lintinationig mmurance. Company • Senior Vice President of North American Specialty Insurance Company • Senior Vice President of Westport Insurance Corporation By Mike A. 11to Scnitn %'l et Pnrs9deot or Wmsinnaplorr IIAPrtataliasanai lomoranop Company nx *... & Senior Vice President of Norlh Aawricaen Specially looliraoce Company & Senior Vice President of Westporl Nr wranm Voriuwmtlon. IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 11th day of March 20 16 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook SS: On this I Ith day of March 2016 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International ln.surdnce, Company and Senior Vice President of North Ameri�cari Specially Insurance Conapalny and Senior Vice President of Westport. Insurance Corporation <1r�a�el,,.l�lal1 tl.�._�Elr�, Senior Vice President of Washington International Insurance Coniliany and Senior Vice Presidcltt. of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFIEA A1 M NOTAHYPUBUE OF IWN(IS M, Kenn Nottar Public MY COMMISSIO ES 9 6 �t7 Y' I, J+ 1frew Ool bcr'e, the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 7th day of Septem er 20 Yeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North Aanerican Specialty Insurance Company & Vice President & Assistant Secretary of Wcslpon Insurance Corporation State of California County of Orange HUGH : NGUYEN CLERK - RECORDER Agreement No. 5195 PROPERTY RECORDS BIRTH AND DEATH RECORDS MARRIAGE LICENSES /RECORDS CERTIFICATE OF ADMITTED SURETY INSURER Certificate pursuant to 995.640(a) Code of Civil Procedure PASSPORTS FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES I, Hugh Nguyen, County Clerk - Recorder of the County of Orange, State of California, in and for said County, DO HEREBY CERTIFY THAT North American Special Insurance Company has been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California and that based on the records in this office, that authority has not been surrendered, revoked, cancelled, annulled or suspended. In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the seal of said County this 8th day of September, 2016. Hugh Nguyen, Onwigc County C f �r'k- Recorder ' le Seal) P RicardoITHaro, Deputy Clerk- Recorder .....m...._..- � t 4, 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. 5195 THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT LABOR AND MATERIALS BOND WATER VALVE REPLACEMENT PROJECT PROJECT NO.: PW 16 -24 Bond No. 2214740 Bond Fee: Included in Performance Bond, Stephen Doreck Equqi ipme nt „_Rentals Inc. as principal ( "PRINCIPAL ") and North American Specialty Insurance Company a corporation incorporated under the laws of the State of New Hampshire and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ( "SURETY "), are held and firmly bound unto the CITY OF EL SEGUNDO ( "CITY ") in the sum of One Hundred Twenty Four Thousand, Two Fl ndred Seveiity Dollars ($ L2 ,270.01_l), lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in WATER VALVE REPLACEMENT PROJECT, SPECIFICATIONS NO. PW 16 -24 ( "Public Project "), the public works contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties. or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 16 -24, and the public works contract executed for such Specifications, copies of which is on file with CITY's Engineering Division ( "Public Project "). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. PW 16 -24), 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. PRINCIPAL will pay for all materials and other supplies, for equipment used in, I -F -1 Agreement No. 5195 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 (`SSMC "). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 16 -24, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I -F -2 SIGNED AND SEALED this Stephp rargcks Equipment Rentals pc, ' rk *l'e1 !OWN Agreement No. 5195 7th day of September , 2016 North Amen °O , pqc .: Jrisiwaance, Company nd� NY 'S "Arturo Ayala, Attorney -in -Fact P CIPAL's SEC TA.I� y f 4) V ✓Ai`t °1 7 ✓t k PRINCIPAL'S MAILING ADDRESS: 9075 Telegraph Road Pico Rivera, CA 90660 SURETY's SECRETARY SURETY'S MAILING ADDRESS: 6 Hutton Center Drive, Suite 850 Santa Ana, CA 92707 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job I -F -3 Agreement No. 5195 State of California County of Los Angeles On 09/14/2016 before me, ' lv t s (Notary Public) ...... Date Here Insert Name and Title of the 011icer personally appeared Catherine R. Doreck and Pablo Viramontes Name(s) of Signers) ++' AUX050 M who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that hhhxW9X /they executed the same in xtltit A er /their authorized capacity(ies), and that by MeAxer /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 Place Notary Seal Above Signalure of Notary Public OPTIONAL Though the Information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document:..... . ... _ Document Date:... Signer(s) Other Than Named Above: .m,, Capacity(ies) Claimed by Signer(s) Number of Pages Signer's Name. LI Corporate Officer — Title(s) Signer Is Representing © 2009 National Notary Association • NationalNolary org • 1- 600 -US NOTARY (1- 600 - 676 -6627) Item 95907 reement No. 5195 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed themm document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } County of Orange J On September 7th, 20 16 before me, Rudy Urieta , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Arturo Ayala .... ........ ................. Name(s) of Signer(s) 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 the form to another document. Description of Attached Document Title or Type of Document: Labor and Material Bond Document Date: 09/07/2016 Number of Pages: Three Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): mmm m ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 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. * " RUDY URIETA COMM. *2159828 M " a Notary 1 certify under PENALTY OF PERJURY under the laws of ORANGE LL ORANGE COUNTY the State of California that the foregoing paragraph is true 9 g p g p My Comm. E*res Jul 14,2020 and correct. Witness M y.,hgncf and oflic seal. Signature m mm _ __... ....._ Place Notary Seal Above Signa0a of Notary Public Rudy Uriet 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 the form to another document. Description of Attached Document Title or Type of Document: Labor and Material Bond Document Date: 09/07/2016 Number of Pages: Three Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): mmm m ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: W 3 1 �� �$ 14 WK61 -0 -901 MAN I CON NAS SURETY GROUP I 15-11MMMO KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Overland Park, Kansas each does hereby make, constitute and appoint: DANIEL HUCKABAY, ARTURO AYALA, ANDREW WATERBURY, DWIGHT REILLY, SHAUNNA BURCHFIEL, and MICHAEL CASTANEDA 1100 al# WADOMIJINFA a Mill 0 Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." 40 �1I0 At By Is-,-1 . .... Sfxwwr—TflL N-1 Company & Senior Vice President of North American Specialty Insurance Company is rn &Senior Vice President of Westport Insurance Corporation By.. Mike A. Ito, Senion, Vick I ImAdent of Walk In glon In I rivalional In-liurance Cull ally . ......... - ----- & Senior Vice President of North Aincrivan Specially Wnsurwince Company & Senior Vice President of %Vvitsillool lubui yllact CorporMiofj IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 11th day of March 20 16 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss: On this 11th day of March 20 16 before me, a Notary Public personally appeared Steven P. Anderson Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and , M ichae I A. I to, Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SFAL . . ..... M ' TN NOTARY PUBLIC, TAT EOF IUNOiS M KennMY COMMISSION -XF1 RE8 I 2JO 2j l 7 y, Notary Public 1, Jeffrey Goldberg the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 7th day of __September 20 16 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington international Insurance Company & North American Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation Agreement No. 5195 No. 6436 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, North American Specialty Insurance Company of Manchester, New Hampshire, organized under the laws of New Hampshire, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Boiler and Machinery, Burglary, Sprinkler, Automobile, and Aircraft as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 23rd day of December, 1996, I have hereunto set my hand acrd caused my official seal to be affixed this 23rd day of December, 1996. Fee $92.00 Rec. No. Chuck Quackenbush Insurance Commissioner Filed 10/8/96 By Victoria S. Sidbury Deputy Certification I, the undersigned Insurance Commissioner of the State of California, do hereby certify that I have compared the above copy of Certificate ofAuthority with the duplicate of original now on file in my office, and that the same is a full, true, and correct transcript thereof, and of the whole of said duplicate, and said Certificate of Authority is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and caused my official seal to be affixed this 26th day of June, 2008. Steve Poizner Insurance Commissioner By p�tn� Pauline D Andrea State of California County of Orange Agreement No. 5195 HUGH NGUYEN CLERK - RECORDER CERTIFICATE OF ADM11 CAD 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 North American Specialty hisuraPee C oln mil 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 8th day of September, 2016. Hugh Nguyen, Orange ('ot(r)ty ° rk- Recorder r ....,...��....,,i- - (Purple Seal) Ricardo Haro, Deputy Clerk- Recorder w 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. 5195 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] WATER VALVE REPLACEMENT PROJECT PROJECT NO.: PW 16 -24 Company Name: Stephen Doreck Equipment - Rentals, Inc. To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. 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 tlaasrrr °Grlice will render the bidder's proposal "nonresponsive. "'" /, Al August 16, 2016 ................. Date ..... I -C -16 1et°'s Signature,,, hen L. Doreck / Vice President Agreement No. 5195 7 -3.1 GENERAL Contractor will procure and maintain for the duration of the contract the following insurance coverages and limits against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work covered by this agreement by the Contractor, its agents, representatives, employees or subcontractors: COVERAGE PER OCCURRENCE Comprehensive General Liability Business Auto Workers' Compensation ISO FORM COMBINE D SINGLE LIMIT CL 00 02 01 85 or 88 $2,000,000 CA 00 01 01 87 $1,000,000 Statutory Contractor will provide endorsements or other proof of coverage for contractual liability. Combined single limit per occurrence will include coverage for bodily injury, personal injury, and property damage for each accident. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the policy will be endorsed such that the general aggregate limit will apply separately to this contract and a copy of the endorsement provided to the City. Liability policies will contain, or be endorsed to contain the following provisions: GENERAL LIABILITY AND AUTOMOBILE LIABILITY: The City, its officers, officials, employees, agents, and volunteers will be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage will contain no special limitations on the scope or protection afforded to the City, its officers, officials, employees, agents, or volunteers. The Contractor's insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees, agents, and volunteers will be excess of the Contractor's insurance and will not contribute with it. The insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. Any failure to comply with reporting provisions of the policies will not affect coverage II -B -24 Agreement No. 5195 provided to the City, its officers, officials, employees, agents and volunteers. The Contractor's insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. WORKERS' COMPENSATION: The insurer will agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. ALL COVERAGES: Each insurance policy required by this subsection will be endorsed to state that coverage will not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to: CITY CLERK City of El Segundo 350 Main Street El Segundo, CA 90245 Notwithstanding the foregoing, the endorsement may state that insurance may be cancelled upon ten (10) calendar day notification for non - payment of premium. The Contractor will provide the City with updated proof of insurance should the Contract Time extend beyond the policy expiration date. All liability insurance will be on an occurrence basis. Insurance on a claims made basis will be rejected. Any deductibles or self - insured retentions will be declared to and approved by City. The insurer will provide an endorsement to City eliminating such deductibles or self - insured retentions as respects the City, its officials, employees, agents, and volunteers. Except for Workers Compensation Insurance, Contractor will furnish to City certificates of insurance and endorsements on forms acceptable to the City's City Attorney, duly authenticated, giving evidence of the insurance coverages required in this contract and other evidence of coverage or copies of policies as may be reasonably required by City from time to time. Endorsements must be supplied on ISO Form No. CG 20 10 1185, or equivalent. Certificate /endorsement for Workers Compensation Insurance will be furnished on State Comp Fund or other industry standard form. Except for worker's compensation insurance, all insurance required herein will be placed with insurers with a Best's Rating of not less than A:VII. Worker's compensation insurance policies will meet the requirements of California law. All subcontractors employed on the work referred to in this contract will meet the II -B -25 Agreement No. 5195 insurance requirements set forth for Contractor. Contractor will furnish certificates of insurance and endorsements for each subcontractor at least five days before the subcontractor entering the job site, or Contractor will furnish City an endorsement including all subcontractors as insureds under its policies. Except as provided in Subsection 6 -10, the Contractor will save, keep and hold harmless the City, its officers, officials, employees, agents and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be claimed because of damages to property, or personal injury received by reason of or in the course of performing work, which may be caused by any willful or negligent act or omission by the Contractor or any of the Contractor's employees, or any subcontractor. The City will not be liable for any accident, loss or damage to the work before its completion and acceptance, except as provided in Subsection 6 -10. The cost of such insurance will be included in the various items of work in the Contractor's bid and no additional compensation for purchasing insurance or additional coverage needed to meet these requirements will be allowed. In the event that any required insurance is reduced in coverage, cancelled for any reason, voided or suspended, Contractor agrees that City may arrange for insurance coverage as specified, and Contractor further agrees that administrative and premium costs may be deducted from payments due to the Contractor. Contractor will not be allowed to work until alternate coverage is arranged. Coverage will not extend to any indemnity coverage for the active negligence of the additional insured if the agreement to indemnify the additional insured would be invalid under Civil Code § 2782(b). 7 -3.2 INDEMNIFICATION AND DEFENSE In addition to the provisions of Subsection 7 -3 of the Greenbook as between the City and Contractor, Contractor will take and assume all responsibility for the work as stated herein or shown on the plans. The Contractor will bear all losses and damages directly or indirectly resulting to it, to the City, its officers, employees, and agents, or to others on account of the performance or character of the work, unforeseen difficulties, accidents, traffic control, job site maintenance, or any other causes whatsoever. The Contractor will assume the defense of and indemnify and save harmless the City of El Segundo, its officers, employees, and agents, from and against any and all claims, losses, damage, expenses and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsibility for negligence, and from any and all claims, losses, damage, expenses, and liability, howsoever the same may be caused, resulting directly, or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence, to Il -B -26 Agreement No. 5195 the fullest extent permitted by law. In accordance with Civil Code § 2782, nothing in this Subsection 7 -3.2 or in Subsection 7 -3 of the Standard Specifications will require defense or indemnification for death, bodily injury, injury to property, or any other loss, damage or expense arising from the sole negligence or willful misconduct of the City, or its agents, servants or independent contractors who are directly responsible to the City, or for defects in design furnished by such persons. Moreover, nothing in this Subsection 7 -3.2 or in Subsection 7 -3 will apply to impose on the Contractor, or to relieve the City from, liability for active negligence of the City. The City does not, and will not, waive any rights against the Contractor which it may have by reason of the aforesaid hold harmless agreements because of the acceptance by the City, or deposit with City by Contractor, of any insurance policies described in Subsection 7 -3 of the Special Provisions. This hold harmless agreement by the Contractor will apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered by reasons of any of the aforesaid operations of Contractor, or any subcontractor, regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages. No act by the City, or its representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, will in any respect relieve the Contractor or anyone else from any legal responsibility, obligation or liability he might otherwise have. 7 -5 PERMITS The following paragraph will be added to Subsection 7 -5 of Greenbook: The Contractor will apply for permits required by the City Building Safety Division. These permits will be issued on a "no -fee" basis. However, the Contractor must pay for and obtain all other permits from other governmental and utility agencies necessitated by their operations. All bonding fees, (overweight and oversized vehicle permit fees) inspection permit fees or other fees charged or required for such permits must be paid by the Contractor. These costs will be included in the bid item provided. If no bid item is included, costs will be included in the various items of work, and no additional payment will be allowed. 7 -8.1 CLEANUP AND DUST CONTROL Subsection 7 -8.1, Cleanup and Dust Control, of the Greenbook is deleted in its entirety and replaced by the following subsections. 7 -8.1.1 GENERAL On any construction project requiring trenching within public streets and for which total trenching is in excess of 500 feet, the Contractor will be required to sweep the worksite I1 -B -27 Agreement No. 5195 PROPOSAL FOR THE WATER VALVE REPLACEMENT PROJECT PROJECT NO.: PW 16 -24 Date­ August 16 _,2016 Company Name: Stephen Doreck Equipment Rentals, Inc. TO THE CITY OF EL SEGUNDO: In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. Submittal of this bid shall be considered evidence that the BIDDER has satisfied himself regarding the contract documents, access and any other field conditions which may effect bid prices. If this proposal is accepted for award, BIDDER agrees to enter into a contract with the City of El Segundo at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of El Segundo of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City of El Segundo's notice of award of contract to the BIDDER, including sending by U.S. Mail a Public Works Contract for signature by the Awardee, the proceeds of the security accompanying this bid shall become the property of the City of El Segundo and this bid and the acceptance hereof may, at the City of El Segundo's option, be considered null and void. I -C -1 Agreement No. 5195 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLLUSION AFFIDAVIT BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City of El Segundo is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. I -C -2 Agreement No. 5195 BID SCHEDULE WATER VALVE REPLACEMENT PROJECT PROJECT NO.: PW 16 -24 Company Name: Stephen en Doreck Equipment Rentals , Inc. ITEM DES QTY UNIT � AMOUNT NO. PRICE IN . ... ....... _ ...... .._. FIGURES Mobilization/Demobilization 1 LS 1 5!b�- _ �. � Traffic Control, Public Safety and 2 Convenience LS 1 $ , 0 $ � Utility Potholing 3 LS _....... ........... .__ .__ Bracing and Shoring LS .... ...... Remove Existing and Install New 6 -inch EA .................... 10 Main Line Gate Valve and Adjustable Valve Box Complete including, all Fittings and Appurtenances, Trench 5 Excavation, Pipe Bedding, Trench $ .HIV � $ 5A 0 �. Backfill, Trench Resurfacing, and Temporary and Permanent Traffic Striping and Markings Remove Existing and Install New 8 -inch EA 5 Main Line Gate Valve and Adjustable Valve Box Complete including, all Fittings and Appurtenances, Trench 6 $�� $,..�..7 °_ Backfilll Trench Resudrfa�ingreand Temporary and Permanent Traffic Striping and Markings I -C -3a Agreement No. 5195 ITEM DESCRIPTION UNIT m� m QTY .IT ......IT- �ITITmm...... UNIT m�ITm �mmmmmm AMOUNT NO. PRICE IN FIGURES Remove Existing and Install New 10- EA 5 inch Main Line Gate Valve and Adjustable Valve Box Complete including, all Fittings and 7 Appurtenances, Excavation, $ P Trench Backfill,Trench Pipe Bedding, Resurfacing, and Temporary and Permanent Traffic Striping and Markings . . Miscellaneous Water Improvements ..... ....... _.. ....... . .... ....... ... .. ._.._.. _..... ._. ........ 8 LS 1 $10,000.00 $10,000.00 TOTAL BID ITEM ITHROUGH 8 =$ 12-41, TOTAL BID WRITTEN IN WORDS, °m � - 1. - ... LK I -C -3b (BLANK PAGE) I -C -3c Agreement No. 5195 Agreement No. 5195 BIDDER'S INFORMATION Company Name: Stephen Doreck Equipment Rent ls. Inc. BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) Coratin ... If corporation, State of Incorporation (i.e., California) M „California Business Stephen Doreck Equipment Rentals, Inc. Address 9075 Telegraph Rd. Pico Rivera, Ca 90660 Telephone No. 562) 949 -4949 Facsimile No. 562) 261 -5038 State Contractor's License No. and Class A 665471 Original Date Issued 03/03/1993 Ex p iration Date 02/28/2018 ww _...... 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: Catherine R. Doreck- President- 8026 E. Tarma St. Long Beach, Ca 90805- (562)733- 8830 Stephen L. Doreck- Vice President- 8026 E. Tarma St. Long Beach, Ca 90805- (562)733- 8821 Holly L. Lewis- Secretary- 4118 Knoxville Ave. Lakewood, Ca 90713- (562)552 -1692 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. 5195 BIDDER'S INFORMATION (CONTINUED) Company Name: Stephen Doreck Equipment Rentals, Inc. Bidder shall list the name of the person who attended the mandatory pre-bid job walk: I Name: Rick Hernandez Title: SLIJ) -ititendept . ....... ........ ......... ....... . I-C-5 Agreement No. 5195 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 August , 20 16 BIDDER Stephen,,,, D„ore,ck „,E,qupmentRentals„ Inc L. Doreck / Vice President Subscribed and sworn to this NOTARY PUBLIC Sylvia t ltaentes (N tai y Public) 16 day of August , 20 16. I -C -6 Agreement No. 5195 CALIFORNIA III WITH AF71ANT STATEMENT r__ See Attached Document (Notary to cross out lines 1 -6 below) I - See Statement Below (Lines 1 -6 to be completed only by document signer[s], not Notary) Signature of Document Sigrer No 1 State of California Los Angeles County of Are nM 2061164 0*1 11111111111111111k - California Lai County 00 f Place Notary Seal Above Signature of Document Signer No 2 (if any) Subscribed and sworn to (or affirmed) before me on this 16th day of August 20 16 Date Month Year by b � Stephen L. Doreck Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and (2) , — — — — ,1 -1 Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared, bf, ore me.) �t �r�� °N , w SIB at�tre , �., ` te1lVgavaa of Notary Sylvk Sifu nrtrn� (Notary Public) WIMUDIUMN Though the information below is not required by law. it may prove valu- able to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Further Description of Any Attached Document Title or Type of Document Document Dale: , Number of Pages Signer(s) Other Than Named Above: © 2009 National Notary Association • NationalNolary org ^ 1- 800 -US NOTARY (1- 800 -876 -6827) Item 45910 Agreement No. 5195 PROPOSAL GUARANTEE BID BOND WATER VALVE REPLACEMENT PROJECT PROJECT NO.: PW 16 -24 KNOW ALL MEN RY THESE PRESENTS Mat, Stephen Doreck Equipment Rentals, Inc, North American Specialty Insurance Company Bond No. CSBA -2721 , as 13ID]DER, and , as SiTRETY, are held and firmly bound unto the City of El Segundo, in the penal Slim of Ten Percent of the Amourtt BW DOLLARS ($_1t1 %, of the Amok7nt Bic! ,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 SLIRETY agree to be bound, ,jointly and severally, firmly by these presents, THE C:ONDI!TONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of PI Segundo for the above stated project, if said hid 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 sot their names, titles, hands, and seals this 21 st day of July 20 16 BIDDER* Steppe rr ' oreck Equipment Rentals, Inc., 9075 Tr Ce tfph Road, Pico Rivera, CA 90660 / (562) 949 -4949 _. -..__. ... ... _ ., _. W SURETV North rance Company, 6 Hutton Center Dr., Suite 850, Santa Ana, CA 92707 / (714) 550 -7799 Arturo Ayala, Attorney -iq 'F' iot, 1411 N. Batavia St., Suite 201, Orange, CA 92867 / (714) 516 -1232 Subscribed and sworn to this [lay of , 20 .............. NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. 1 -(: -7 Agreement No. 5195 State of California County of Los Angeles On 08/16/2016 before me, S l,vi a Sifuentes (NoLary Public) _... Dale Y°tV Ai [ ;p °. Passis r ftr!@ T, 11 1 r✓ � III: �i�. personally appeared Stephen L. Doreck Name(s) of Signer(s) ..I »- r u , who proved to me on the basis of satisfactory evidence to be the person(q) whose name(j) is /AW subscribed to the within instrument and acknowledged to me that he /sN/AW4( executed the same in his/H&tHW authorized capacity(M), and that by his /Mpr /tV/# signature(Fh on the instrument the person(A), or the entity upon behalf of which the person(p) 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. X Sig, �fi �k "° _ �.✓'�, o" t� Though the information below is not required b law, it may rove ar�pRra 1 Isar t r Place Notary Seal All F OPTIONAL �— _. 9 q y y p ! uam a lY11h ,, w 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: _ _... Signer(s) Other Than Named Above: , Capacity(ies) Claimed by Signer(s) Signer's Name Corporate Officer — Title(s) Individual 0 Partner — ❑ Limited ❑ General Top of thumb here Attorney in Fact Trustee -7 Guardian or Conservator =7 Other: Signer Is Representing Number of Pages. Signer's Name. „ _ .,- 111,1, Corporate Officer — Title(s) Signer Is Representing © 2009 National Notary Association • Nationa'lNotary org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item N5907 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 Oran e On J n L. Ritto Notary Public, uly 2.�st, 2016 before me, Kare __........ -_ _........_ Date Insert Name of Notary exactly as it appears on the official seal personally appeared .Arturo mAyala mmmm�IT Name(s) of Signer(s) 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 the form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 7/21/16 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Artumo Ayala___ _.�.._... ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner ❑ Limited ❑ General d Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: One Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 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) : ,e acted, executed the instrument. KAREN L RITTO £ COMM. #2138527 M 1 certify under PENALTY OF PERJURY under the laws of I' Notary Public - California a the State of California at the foregoing paragraph is true ORANGE COUNTY a and correct. My Comm. Expires Dec 30 2019, Witness my h icial seal. Signature _ Place Notary Seal Above sigil sure f`Nota ublic Karen RiiQtO 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 the form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 7/21/16 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Artumo Ayala___ _.�.._... ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner ❑ Limited ❑ General d Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: One Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: AS SURETY GROUP 104101111 LIN I a . , «, 10[41 911041915 1 .. 1�.��.YIIf71r : 1► ::i►�C�7� #r ' !7:#��11f7�5►I Bond No. CSBA -2721 KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Overland Park, Kansas each does hereby make, constitute and appoint: DANIEL HUCKABAY, ARTURO AYALA, ANDREW WATERBURY, DWIGHT REILLY, SHAUNNA BURCHFIEL, and MICHAEL CASTANEDA JOINTLY OR SEVERALLY Its true and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." 11y t� 4trwxtiita.iR'uti�er�,' 'cnun ieTt'rtsr +rsrs re ox a ur; uo n tr nal onsr nsurawrµ^e'Company • Senior Vice President or North American Specialty Insurance Company • Senior Vice President or Westport Insurance Corporation r Il W a r "^ d C ` ......... Mike A. IN, Sondor Vnrle N X sbdeut orWoahluglon International Insurance Company * & Senior Vice President orNorth American SpecialSpecialty luwatrm�tce Company & Senior Vice President of Westport Insurance Corpo'rmiou IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 11th day of March 20 16 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss: On this 11th day of March 201 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and. „Midi %c,,ll,dt I,i,o Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL NOTARY PUBLIC, STATE OF IWNOi(s ' m m.... � �.' htY GQltIIISION EXPIRES t�tklll7 M. Kenny, Notary Public I, Jeffrey Goldberg_, the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of ___.....__._..y 20 rc, 21st u Jeffrey Gohdo�rg, Vice p tcsideot & AtSaWranl Sup aaonay tag' "u1'nahiru,tlaan pura.iaua�iooauN Y,ruxgarouce Compaoiu,y & North Amerman Specialty Vruo m t.w Cornpany & Vice Presidoast St Asst 51aaal''4ecu ataryr or W"Il'.eort Insurtanro Corporation Agreement No. 5195 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: 665471 Class No.: A 2. The expiration date of BIDDER'S Contractor License is: February 28 20 18 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 August 16 , 20 16 , at Pico Rivera, Ca (insert City and State where Declaration signed). S. at '1. Stephen Doreck Typed Name Vice President Title Stephen Doreck Equipment Rentals, Inc. Company Name I -C -8 Agreement No. 5195 Vdi il 6 d r y , �« who proved to me on the basis of satisfactory evidence to be the person() whose name(j) is/AW subscribed to the within instrument and acknowledged to me that he / /%MY executed the same in his /V9 /tH(W authorized capacity(M), and that by his /V#r /tV/# signature( on the instrument the person(A), or the entity upon behalf of which the person(p) 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 ana Si na tu r Plane Notary Seal Above OPT AM. �� ,..�. w......w...H, ......,......�.�.w..a..... . 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: Signer(s) Other Than Named Above: ­ " "'� Capacity(ies) Claimed by Signer(s) Signer's Name: P _ ;.; Corporate Officer — Title(s) Number of Pages: Signer's Name i Corporate Officer — Title(s): ___---------- Li Individual A!tb 7 Partner — [ -1 Limited -1 General Top Attorney in Fact -I Trustee I Guardian or Conservator I Other: Signer Is Representing © 2009 National Nolary Association • Natlona'Notary org • 1- 800 -US NOTARY (1- 800 -676 -6827) Item 45907 Agreement No. 5195 NON - COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of Los Angeles Stephen L. Doreck being first duly sworn, deposes and say that he or, e is Vice President of Stephen Doreck Equipment Rentals, Inc.. 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. Stephen Doreck Equipment Rentals, Inc, Sig attire Name of Bidder /Company Name Stephen L. Doreck August 16, 2016 Typed Name Date Vice President Title I -C -9 Agreement No. 5195 F See Attached Document (Notary to cross out lines 1 -6 below) I See Statement Below (Lines 1 -6 to be completed only by document signer[s], not Notary) Signature of Document Signer No 1 Signature of Document Signer No 2 (it any) State of California Subscribed and sworn to (or affirmed) before me Los Angeles 16th August 16 County of on this day of .... ...._. ............. 20 —, Date Mon4h Year by Stephen L Doreck _. . ...... m .� �o SYMA Name of Signer IN 0 20811 proved to me on the basis of satisfactory evidence "wry . C to be the person who appeared before me (.) (,) Lm Angeft Co" (and 0-00M, I ad & 211111A (2) .. Name o1 Signer proved to me on the basis of satisfactory evidence to be the per sor i wdt ap :: e arry before me.) Place Notary Seal Above S r r r r of Id r Pub is ypv�.o , rlwu m es ( ter rry Public) Signer(s) Other Than Named Above' © 2009 National Notary Association • NationalNotary org • 1- 800 -US NOTARY (1- 800 - 876 6827) Item 05910 Agreement No. 5195 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." A(-Signature of Bidder: Title; Stephen L. Doreck / Vice President Business Name: Stephen Doreck Equipment Rentals, Inc. Business Address: 9075 Telegraph Rd. Pico Rivera, Ca 90660 Telephone Number: 562 949-49,49 Dated this 16 day of August 20 16 . I -C -10 Agreement No. 5195 State ofCalifornia County or�^ Los-Angeles � On 08/16/2016 before me, —ba-fe —Re�e­inseWi��m­eand Title of the Officer personally appeared Stephen L. Doreck Name(s) ol Signer(s) who proved 0n me on the basis of satisfactory evidence to be the ponmn(*) whose oamo(j) isAff# subscribed to the within instrument and acknowledged to me that heldMill executed the same in hioH&/UV&/ authorized oupaoi1y(M), and that by hio/V$r/tNW aignaturo(qA on the instrument the pomon(A)' or the entity upon behalf of which the paruun(p) acted, executed the instrument. | certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph ia true and correct. WITNESS my hand and official seal. Place Notary Seal Abo�e Though the information below m not required by law, xmay prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment m this form m another document. Description of Attached Document Document Date:__ Signer(s) Other Than Named Above: ____-____ Copacity(ias) Claimed by8ignerVa Signer's Name: _ ................. ___ ] Cn,po,oteOfficer --Tino(e):_______-______ /l Individual [| Partno, — uUmited nGoneral Top of thumb here iI Attorney in Fact � Trustee O Guardian urConservator |ONoc Signer |, Representing: ________ Number ofPages: Signer Is Representing w2009 National Notary Association ` National wm= °n'`-8o,ua NOTARY 000�876-omn Item #590' Agreement No. 5195 DESIGNATION OF SUBCONTRACTORS WATER VALVE REPLACEMENT PROJECT PROJECT NO.: PW 16 -24 Company Name: Stephen Doreck Equipment Rentals, Inc, 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 L . ...._ ............... ........... _. .._...... ....... . . . ...... . ........ . ...... . . . . . . . . . ........... ..... . ... . . ......... . .............. . . . . . . . . . . . ........... ............... ...... ......... "'17, ........ _.._. _........ .... ............ ...................... .. ............ . ... . ................................ . ............... . . ......... . ............. . . ............ - . . ................. . . ........ . I -C- I I Agreement No. 5195 REFERENCES Company Name: Stephen Doreck Equipment Rentals, Inc. The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime contractor or major subcontractor within the past five (5) years: 1 2 Project Title: Smith Avenue Waterline Replacement Location: Various Streets City of Corona- 400 S Vicentia Ave. Corona, Ca 92822 Name and address of owner Peter Ramey (951) 739 -4888 Name and current telephone number of person familiar with project Type of Work: Waterline Replacement 79,025 00 m p Contract amount: $�m .. ......... ....._.�.. Date completed: 08/20 15 ._., �............................. .......................�....... Amount of work done by my /our firm under contract $ 901.269.58 Did your firm have any financial interest in Project? No Project Title: LE &e Portable Water Valve Replacement Project Location: Various Streets Long Beach Water Department- 1800 E. Wardlow Rd. Long Beach, Ca 90807 Name and address of owner Eduardo Lomeli (562) 570 -2300 Name and current telephone number of person familiar with project Type of Work: Water Valve Replacement Contract amount: $ 965,165.00 Date completed: 04/2016 Amount of work done by my /our firm under contract $ 970,131.50 Did your firm have any financial interest in Project? No I -C -12 3 4 5 Agreement No. 5195 Waterline Replacement & Street Rehabilitation for De La Fuente Project Title: From Harding Avenue Location: Various Streets ,City of Monterey Park - 320 W. Newmark Ave. Monterey Park Ca 91754 Name and address of owner Rey Alfonso (626) 307 -1320 Name and current telephone number of person familiar with project Type of Work: Waterline Replacement Contract amount: $ 339,340.00 Date completed: 11/2015 Amount of work done by my /our firm under contract $ 415,786.52 Did your firm have any financial interest in Project? No Project Title: Water Main Replacement - Route 66 & Glendora Location: Various Streets City of Glendora- 116 E. Foothill Blvd. Glendora, Ca 91741 Name and address of owner Noel Zemla (626) 852 -4845 Name and current telephone number of person familiar with project; Type of Work: Water Main Replacement Contract amount: $ 88 4150 . . . . . � w_ 2. Date completed: 07/2015 3...... Amount of work done by my /our firm under contract $ 446,,289.45 Did your firm have any financial interest in Proj ect? No Project Title: 2013 -2014 Water Main Replacement Project Location: Various Streets City of Manhattan Beach- 1400 Highland Avenue. Manhattan Beach, Ca 90266 Name and address of owner I -C -13 Agreement No. 5195 Name and current telephone number of person familiar with project: Type of Work: Water Main Replacement Contract amount: $ 2,188,070.00 Date completed: 06/2016 Amount of work done by my /our firm under contract $ 2,316,667.76 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: Commercial Surety Bonding Agency 1411 N. Batavia St. Suite 201 Orange,, CA_92867mm Daniel Huckabay (714) 516 -1232 I -C -14 Agreement No. 5195 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS WATER VALVE REPLACEMENT PROJECT PROJECT NO.: PW 16 -24 Company Name: Stephen Doreck E ui ment Icrttals Inc. Please state all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation. Have you ever been disqualified from any government contract? Yes ❑ No El 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 ® No ❑ Bidder's', nature Stephen L. Doreck / Vice President . � _ ...................... . Name (Please ...m Pr... � ..._. ..uuu t) I -C -15 , State of California County of Los Angeles Agreement No. 5195 On 08/16/2016 before me, ,Sylvia Sifuentes (Notary Public) _ Dale ii6zr of i N¢ QIYi,,;q +v personally appeared Stephen L. Doreck Names) of Signers) Ar ,w.ilu �, t a1M who proved to me on the basis of satisfactory evidence to be the person() whose name(q) is/AW subscribed to the within instrument and acknowledged to me that helAWItN Y executed the same in his /IM /CHEW authorized capacity(i6q), and that by his /V#r /tVW signature( on the instrument the person($), or the entity upon behalf of which the person(p) acted, executed the instrument. 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. m Plane Notary Seal Above OPTIONAL "� ii ud IiN r r1n' 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: Signer's Name. Corporate Officer— Title(s) [ 1 Other: Signer Is Representing: © 2009 National Notary Association • NahonalNotary org • 1- 600 -US NOTARY (1 -800 -676 -6027) Item #5907 Agreement No. 5195 END PROPOSAL SECTION I -C -17 Agreement No. 5195 111 IFORNIA AL11L.-PURIPOSE RE 11HOWLEDGM IS State of California County of Los Angeles On before me, _Sylvia 08/16/2016 p Si utarnes aat ry Pubhc) , ,®e ...e..,........ Dale Here Insert Name and Title of the 011icei personally appeared Stephen L Doreck Name(s) .1 Signer(s) a .r , who proved to me on the basis of satisfactory evidence to be the person() whose name(j) is /pffl subscribed to the within instrument and acknowledged to me that he /M /fY► # executed the same in hisH&AHW authorized capacity(M), and that by his /V#r /tff(W signature(q) on the instrument the person(p), or the entity upon behalf of which the person(A) 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 se';ai. Signat het Plane Notary Seal Above A u 00,11 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 — Signer(s) Other Than Named Above: , Capacity(ies) Claimed by Signer(s) Signer's Name: a,,, .. , Corporate Officer — Titles) „e_-_ 1 Individual memo i Partner — ❑ Limited l General Top of thumb here ] Attorney in Fact 1 Trustee D Guardian or Conservator J Other: Signer Is Representing: Number of Pages _ .._ Signer Is Representing © 2009 National Notary Association ° NationalNotary org ° 1- 800 -US NOTARY (1 -600- 076 -6827) Item #5907 L) V) u 0. O bA C6 bn 0 L) M, 0 CD 0 E -71 1-2 0 U 0 Z 1Y co 0 co u cz Or I ro (L ca Agreement No. 5195 :F < rn 7: C 0 0 :p 12 O f0 IS Ln C: X a M 04 w 0 in C aj o CY .2 R 'a ai U) CD 0: 0 a zi cr ro 0 U LU -j LU Qj CL z, Z < otS Ln U) 0 0 c .0 M '1 0 w z 41 .(U t ro (U 0 C S C) C'4 0) 0- ::3 0 z L (c, 7- C) ci M 0 C: c C)- E ti V* U a) z LU 0 LA tf) N K V) ui E 0 U D d 10 Z 0 0 ca L: c S L 12 t! 0 Q) V� C E E z M 0 Mh pr 0 z -0 LLJ (U C C 0 0 LU 0 C 0 2 0) 0 V . j L) V A wo U)