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CONTRACT 5489 Public Works ContractAgreement No. 5489 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND OCEAN BLUE ENVIRONMENTAL SERVICES, INC. CATCH BASIN CONNECTOR PIPE SCREEN (CPS) IMPROVEMENT PROJECT NO.: P W # 17-39 This CONTRACT is entered into this 27th day of March, 2018, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and OCEAN BLUE ENVIRONMENTAL SERVICES, INC., ("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 fifty-two thousand, five hundred, seventy-six Dollars ($52,576) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within sixty (60) working days (the "Contract Time.") Agreement No. 5489 B. The Contract Time will commence when the City issues a Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: i. The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. 5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third -party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 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 Agreement No. 5489 not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10.INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The City City of El Segundo -Public Works 350 Main Street El Segundo, CA 90245 Attn: John Gilmour The C ontmetor Ocean Blue Environmental Services, Inc. 925 W Esther St. Long Beach, CA 90813 Attn: Chris Anguiano 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. 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. Agreement No. 5489 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. Agreement No. 5489 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY 'EL SEGUNDO OCEAN BLUE ENVIRONMENTAL SERVICES, INC C3cr erwtIT.._ SI L. M J EE it anag Signee Title ADMIN DIRECTOR A'1 1 I "T Taxpayer ID No. 33-0625817 r a 'v i ,r Contractor State License No.: 709140 Contractor City Business License No.: 3 8 Z l 1 APPROVED AS TO FORM: for Mark, , Hensley City Attorney Insurance Reviewed by: Agreement No. 5489 LABOR AND MATERIALS BOND CATCH BASIN CONNECTOR PIPE SCREEN (CPS) IMPROVEMENT PROJECT NO.: PW #17-39 Ocean Blue Environmental Services, Inc. Bond No. CAC715393 Bond Fee: Included w/ performance bond as principal ("PRINCIPAL") and Merchantsonding Company (Mutual) , a corporation incorporated under the laws of the State of Iowa -_ 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 fifty-two thousand dive hundred seventy-six DOLLARS ($5L.576lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in SPECIFICATIONS NO. PW 17-39 ("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 17-39, 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 17-39), which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. Agreement No. 5489 Certificate pursijant to 995.6 Code olCivil Per du of YE ti �Vgr�r�d„ ��� fo��ie County M¢ County S"suisurew trarmacluurpty insurance, I'ln the Stake ot ti,� �aY r�uw"u" �nhat basal on Ole yeccnds wiown in the Depart.rTivit of hl'S=W(l websile, th."t sulboraij hwi nui DeOl "saweU"IBdn„ wvoked, ca ina--fle , n l "wy wil reo' " N have ho, ������� why qIa seas a fite eW o said �. oun� rn � s _ I R Agreement No. 5489 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("BSMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 17-39, 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] Agreement No. 5489 SIGN A 411; 4th day of _._. April 5 20 18 P' Wr iR1 1"Y" M8 ?fmx Jeremy P b ,Day -in -Fact ' .L s SECRY CRY C _xxxx MAtthew Erra, Account Representative PRINCIPAL's MAILING ADDRESS: SURETY'S MAILING ADDRESS: 925 West Esther Street J Suite st.._ ems_... ..�..._...............__... Lon Beach, CA 90813 2200 Phoenix, AZ 85012 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office Agreement No. 5489 ACKNOWLEDGEMENT State of Arizona County of Maricopa On 9 ) 5 before me personally appeared Jeremy Polk whose identity w s proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she sig document. (Seal) ?" JODI VROOMAN NOTARY PUBLIC — ARIZONA MARICOPA COUNTY a a My Commission Expires April 20. 2019 the attached Notary Signature Jodi Vrooman Commission Expires April 201h, 2019 Agreement No. 5489 WWWCOMPANY,WW BONDING POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Jeremy Polk their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 13th day of October 2017 P0 MERCHANTS BONDING COMPANY -" �t"y*�`� MERCHANT NATIC}NALBONI DNG,( r4JAL) ' 003 r By 7P r e 1-7 STATE OF IOWA COUNTY OF DALLAS ss. On this this 13th day of October 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �J,�1,41tis ALICIA K. GRAM �. Commission Number 767430 r My Commission Expire, April 1„ 2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 4th day of April 2018 0. co MZ 0 :" i* arm« a / 1933 Secretary 00 :'es POA 0018 (3/ 17) Agreement No. 5489 FAITHFUL PERFORMANCE BOND CATCH BASIN CONNECTOR PIPE SCREEN (CPS) IMPROVEMENT PROJECT NO.: PW #17-39 Bond No. CAC715393 Bond Fee: $1,314 Ocean Blue Environmental Services, Inc. ("PRINCIPAL") and Merchants Bonding Company (Mutual) , a corporation incorporated under the laws of the State of Iowa 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 fi -two thousand five hundred seventy-six DOLLARS $ e2 576 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 17-39, 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 17-39, 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 17-39) 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. Should PRINCIPAL fail to correct its work against any Agreement No. 5489 Cel,,tificato Ill uirauant to 0,93.640(a) Code of Civil Proco'c',"wo, DEAN Q. LOGAN ... ...... . counjty of �jjje cmjn)t,fl StaW of California, gin anb Tor said County 111)0 IiEIREBY GV, " F, , TIFYTHAI Insuaw- Commissionei auttiorizing thtt tnsimBy, R) the State of CatifoiNa, arid that based oin the mcowits unown q risuiianc* websfte, that autlwnty laS 1101 DtNa]I SIKII8111defw, aninifled or sustaended. In reOnway Whempt, I have heie ano affixed the seal Of P.- A, Deputy (,"Ookinty Gleirk, M 0 8 LNIpZflVHMt Of fevu�wc, 4;anwed, Agreement No. 5489 defective work, labor, or materials, 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. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("BSMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 17-39 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 one (1) year following the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] Agreement No. 5489 ANt:) � M-, L, tins 4th day of April ...._.................. � 20 18 �- tN� IPAL's PRE :f f t RF17Y(s Sit NM Jeremy P W, . ttorney-in-Fact AL�SFC�RETA:�R PRINCIPAL'S MAILING ADDRESS: 925 West Esther Street Long Beach, CA 90813 .................... SUXKT.3PWFXV1MX,Kx . Matthew Erra, Account Representative SURETY's MAILING ADDRESS: 20 East Thomas Road Suite 2200 Pho i� AZ 85012 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, Agreement No. 5489 ACKNOWLEDGEMENT State of Arizona County of Maricopa On Li before me personally appeared Jeremy Polk whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she sig document. I/ (Seal) / - Z the attached Notary Signature m JODI VPI MAN Jodi Vrooman , fill N ' a' ��'� OPA COut4'ry Commission Expires April 201h 2019 x .. spy � on'ImisshM ��x�*o,3 P P April C), 2 C31 Agreement No. 5489 MERC... 7s_� BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Jeremy Polk their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof," "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 13th day of October 2017 ��*11xNM�pi FTl�; 4�"y♦ `� `„` '., C? •« «"� " 0 i MERCHANTS BONDING COMPANY (MUTUAL.) MERCHANT NATIONAL BONDING, INC. w President STATE OF IOWA"+�wM,.��.., , �,,. «•* COUNTY OF DALLAS ss. On this this 13th day of October 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. q ALICIA K. GRAM ® Commission Number 767430 " °wm My Commission Expires �a:�w�tt'• Apr il 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 4th day of April 2018 • •:,� (O . IYAI ^„ 003 1933 Secretary �x POA0018 (3/17) '•.«.*�� Agreement No. 5489 PROPOSAL FOR THE CATCH BASIN CONNECTOR PIPE SCREEN (CPS) IMPROVEMENT PROJECT NO.: PW 17-39 Date FEBRUARY 6 2018 Company Name: OCEAN BLUE ENVIRONMENTAL SERVICES, 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 affect 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. Agreement No. 5489 EQUAL EMPLOYMENT ENT 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 DECLARATION 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. 5489 BID SCHEDULE CATCH BASIN CONNECTOR PIPE SCREEN (CPS) PROJECT NO.: PW 17-39 Company Name: OCEAN BLUE ENVIRONMENTAL SERVICES, INC, Note: Bid Item Work described below is abbreviated for formatting purposes. The contractor warrants by entering pricing below that he has thoroughly read the entire bid document package, has thoroughly reviewed the site, and that his pricing encompasses all work described in the bid documents sections and ncary for execution of work. UNIT ITEM NO. .. DESCRIPTION.NITQTY ...............PRICE.......... AMOUNT BASE BID ITEMS Obtain Access Permit from Los Angeles County and enter, clean, inspect, and measure each LACo catch basin and connecting pipes (Attachment D). Includes providing all fees, applications, 1 exhibits, spreadsheets, etc., required by EA 65 County for Permit. Includes removal and disposal of debris outside City. Includes $ providing photographic documentation -............................. -..... .......- and compiling measurement data spreadsheet. Obtain Catch Basin Retrofit Permit from Los Angeles County and design, furnish, & install Connector Pipe Screen (CPS) in LACo catch basin (Attachment D). Includes all fees, applications, exhibits, spreadsheets, photos, plans, calculations (structural/hydrologic/hydraulic), shop 2 drawings, CA State Licensed Engineer EA 65 stamp/sig, etc., required by County for $ �(Z $ Z Permit. Includes insurance coverage required by County. Includes providing photographic documentation. Includes painting Staff Gauge on catch basin interior wall and painting Identification Number on top of catch basin. Prepare and Provide Technical Manual, 3 As -built Spreadsheet, and Inspection EA 65 $ $ <� Records for each LACo catch basin Attachment D). I-C-3a Agreement No. 5489 ALTERNATE BID ITEMS (Pending City Engineer Approval) _....... w Design, furnish, & install Connector Pipe Screen (CPS) in El Segundo City owned catch basins per LA County design guidelines (Attachment F). No permit/coordination required with Los Angeles County. Includes cleaning catch r 4 basin/connecting pipes and disposal of EA 12 $ w $ 7si debris. Includes measurements and shop drawings for City approval. Includes painting Staff Gauge on catch basin interior wall and painting Identification Number on top of catch basin. 5 Miscellaneous Catch Basin Repair, as LS 1 $15,000.00 $15,000.00 directed by Engineer. TOTAL BID (#1 thru #5) _ $ 4 (C' . ~' '"' TOTAL BID WRITTEN IN WORDS: I-C-3b Agreement No. 5489 BIDDER'S INFORMATION Company Name:' OCEAN BLUE ENVIRONMENTAL SERVICES, INC.. BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) CORPORATION If corporation, State of Incorporation (i.e., California) CALIFORNIA Business OCEAN BLUE ENVIRONMENTAL SERVICES, INC. Address 925 W ESTHER ST LONG BEACH, CA 90813 Telephone No. 562.624.41..20..................... ._............................ ............................................................. � Facsimile No. 562.624.4127 State Contractor's License No. and Class 709140 "A" HAZ Original Date Issued 7/3/1995 Expiration Date 7/31 /2019 The following are the names, titles, addresses, andphone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having principal interest in this proposal: MARIA LEE, CEO, 925 WEST ESTHER ST., LONG BEACH, CA 90813 (562) 624-4120 / MOONHO LEE, CFO, 925 WEST ESTHER ST., LONG BEACH, CA 90813 (562) 624-4120 / RON DARE, PRESIDENT, 925 WEST ESTHER ST., LONG BEACH, CA 90813 (562) 755-0556 JUSTIN LEE, DIRECTOR OF ADMINISTRATION, 925 WEST ESTHER ST., LONG BEACH, CA 90813 (562) 6244120 The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: NONE All current and prior DBA's, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: NONE I-C-4 Agreement No. 5489 BIDDER'S INFORMATION (CONTINUED) Company Name: OCEAN BLUE ENVIRONMENTAL SERVICES, INC. Bidder shall list the name of the person who attended the mandatory pre -bid job walk: Name: CHRIS ANGUTANO & ARIEL SOLER Title: PROJECT MANAGER & ADMINISTRATOR I-C-5 Agreement No. 5489 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all a forenamed principals this 6 day of 13JA6 , 20 8 BIDDER OCEAN BLUE ENVIRONMENTAL SERVICES JUSTIN LEE - ADMINISTRATIVE DIRECTOR Subscribed and sworn to this 6 NOTARY PUBLIC day of FEBRUARY 20 18 I-C-6 reement No. 5489 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.A- ) Subscribed and sworn to (or affirmed) before me on this CALIFORNIA JURAT r . day � ........ pn.n.nnnnnnn pnnnn p pnnnnn.pnnnn..20 ILL by f f ur i _. ....... ........... _..... ......... ....— proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. MAY .11A COMM. #2122094 z Notary Public -California o z Los Anoeles Cou'nly Cat tros u A 2019 .l Signature (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this jurat to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document This certificate is attached to a document titled/for the purpose of containing pages, and Method of Affiant Identification Proved to me on the basis of satisfactory evidence: Lo form(s) of identification O credible witness(es) Ntt racw, r t is detailed in notary journal om Page # Entry # Notary contact: Other ❑ Affiant(s)Thumbprint(s) ❑ Describe: © Copyright 2007-2014 Notary Rotary, Inc. PO Box 41400, Des Moines, IA 50311-0507.. All Rights Reserved. Item Number 101884. Please contact your Authorized Reseller to purchase copies of this form.. Agreement No. 5489 *SSE CASHIER'S CHECK* PROPOSAL GUARANTEE BID BOND CATCH BASIN CONNECTOR PIPE SCREEN (CPS) IMPROVEMENT PROJECT NO.: PW 17-39 KNOW ALL MEN BY THESE PRESENTS that, , as BIDDER, and , as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of DOLLARS ($ ), which is ten (10%) percent of the total amount bid by BIDDER to the City of El Segundo for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of El Segundo for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of „ 20 BIDDER* SURETY* Subscribed and sworn to this day of , 20 NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. I-C-7 Agreement No. 5489 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1.. BIDDER'S Contractor's License Number is: 709140 Class No.: "A" HAZ 2. The expiration date of BIDDER'S Contractor License is: 7/31 /201 9 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. EBRUARY" 18 Executed on , 20, at LONG BEACH, CA (insert City and State where Declaration signed). __— .fig ture e.... - �.:.��:._.�... JUSTIN LEE Typed Name DIRECTOR OF ADMINISTRATION Title OCEAN BLUE ENVIRONMENTAL SERVICES, INC. Company Name I-C-8 Agreement No. 5489 NON -COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (pursuant to Cal. Pub. Contract Code § 7106) The undersigned declares: I am the ADMINISTRATIVE DIRECTOR of OCEAN BLUE ENVIRONMENTAL SERVICES, INC the party ..................................................... ..............eeeeeeeee.., ,,,�....,,..,.��ee�. ..�,.,......................... ................. ...................'� making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 2/06/18.................................Jdate], at LONG BEACH [City], CA [state].�� Dated this 6 day Of FEBRUARY 20 18 JUSTIN LEE Name DIRECTOR OF ADMINISTRATION Title I-C-9 Agreement No. 5489 WORKER'S COMPENSATION CERTIFICATION Section 1861 OF THE LABOR CODE (Workers' Compensation) Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his/her PROPOSAL, shall sign the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature of Bidder - DIRECTOR OF ADMINISTRATION Title: OCEAN BLUE ENVIRONMENTAL Business Name: SERVICES, INC. Business address: 925 W ESTHER ST LONG BEACH, CA 90813 Telephone Number: 5( 62 ) 624.4120 Dated this FEBRUARY day of , 20 18 I-C-10 Agreement No. 5489 BIDDER'S CERTIFICATION OF SUBCONTRACTORS CATCH BASIN CONNECTOR PIPE SCREEN (CPS) IMPROVEMENT PROJECT NO.: PW 17-39 Company Name: OCEAN BLUE ENVIRONMENTAL SERVICES, INC. As detailed in Section 2-3 (Page II-B-3) of the General Provisions, BIDDER certifies that it has listed below all subcontractors who will perform work in excess of one-half of one percent (0.5%) of the total bid price or certifies that the BIDDER is fully qualified to perform and will perform that portion of the work itself. Description of Subcontractor's Portion of Name of Contractor Work Estimated Subcontractor Address License No. Subcontracted $ Amount (Number and Street) (City, Zip Code) (Make copies of this page if additional space is needed) . ­ 2/06/2018 Signature ofDate I-C-11 Agreement No. 5489 REFERENCES Company Name: OCEAN BLUE ENVIRONMENTAL SERVICES, 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. Project Title: PORT OF LOS ANGELES Location: 425 S. PALOS VERDES ST., SAN PERDRO CA, 90731 Name and address of owner MAN U E L RAM I R EZ - 310.732.3782 Name and current telephone number of person familiar with project Type of Work: STORMWATER, HAZMAT ER & WASTE MANAGEMENT Contract amount: $ 2,000,000/3-YEARS Date completed: ONGOING Amount of work done by my/our firm under contract $ 1 00% Did your firm have any financial interest in Project? N O 2. Project Title: LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS Location: 900 S. FREMONT, ALHAMBRA CA, 91803 Name and address of owner ADRIANA FLORES 626.458.7390 Name and current telephone number of person familiar with project Type of Work: STORMWATER, HAZMAT ER & WASTE MANAGEMENT Contract amount: $ 2,800,000/YEAR Date completed: ONGOING Amount of work done by my/our firm under contract $ 100% Did your firm have any financial interest in Project? N O I-C-12 Agreement No. 5489 3. Project Title:CITY OF NEWARK _..................... _..................... --.................... ............ ____---- .......... Location: 37101 NEWARK BOULEVARD, NEWARK, CA 94560 Name and address of owner SOREN FAJEAU 510.578.4286 Name and current telephone number of person familiar with project Type of Work: STORMWATER, STRORM DRAIN TRASH CAPTURE DEVICES Contract amount: $ 129,000 Date completed: 201 7 Amount of work done by my/our firm under contract $ 1 00 % Did your firm have any financial interest in Project? NO 4. Project Title: CITY OF CAMARI LLO Location: 601 CARMEN DR, CAMARILLO CA 93010 Name and address of owner AN ITA KU H LMAN, 805.383.5659 Name and current telephone number of person familiar with project: Type ofWork: STORMWATER FILTER INSTALLATION Contract amount: $ O P E N P . O. Date completed: 20 17 Amount of work done by my/our firm under contract $ 1 00% Did your firm have any financial interest in Project? N O 5. Project Title: CITY OF EL S E G U N D O Location: 350 MAIN STREET, EL SEGUNDO CA 90245 Name and address of owner ARIANNE BOLA 310.524.2364 Name and current telephone number of person familiar with project: I-C-13 Agreement No. 5489 Type of Work: STORMWATER FILTER INSTALLATION Contract amount: $ 34 K Date completed: 2017 Amount of work done by my/our firm under contract $ 100% Did your firm have any financial interest in Project? N 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: USI INS SERVICES NAT'L INC., 777 S. FIGUEROA ST, SUITE 2100, LOS ANGELES CA 90017 213.337.6350; JONATHAN.ALLEN@USI.COM I-C-14 Agreement No. 5489 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS CATCH BASIN CONNECTOR PIPE SCREEN (CPS) IMPROVEMENT PROJECT NO.: PW 17-39 Company Name: OCEAN BLUE ENVIRONMENTAL SERVICES, 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. 1. Have you ever been disqualified from any government contract? Yes ❑ No lil 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 nonresponsive]? Yes El No ❑ w Bud dqr" Signature JUSTIN LEE Name (Please Print) I-C-15 Agreement No. 5489 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] CATCH BASIN CONNECTOR PIPE SCREEN (CPS) IMPROVEMENT PROJECT NO.: PW 17-39 Company Name: mOCEAN BLUE ENVIRONMENTAL SERVICES, 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 lnSuI-alICC Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A: VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires California Worker's Compensation Coverage with the associated Waiver. Out-of- state coverage will not be accepted in lieu of the California coverage, because the work is being performed in the State of California. By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will render the bidder's proposal "nonresponsive." 2/06/2018 .� ..._ Date Bidder's Signature I-C-16 Agreement No. 5489 February 1, 2018 VWY 49/k (f/ ye�4 ADDENDUM NO. 1 to THE CONTRACT DOCUMENTS, SPECIFICATIONS, AND PLANS for CATCH BASIN CONNECTOR PIPE SCREEN (CPS) IMPROVEMENT PROJECT NO. PW 17-39 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: 1. The bid due date and time is still Tuesday, February 6, 2018, at 11:00 am. 2. The following question has been asked: "On Page II-B-4 paragraph 2-3.2 Self Performance, are material costs (CPS units) considered Specialty and therefore not included in the percentage of self -performance?" The answer is: "Anyone who performs work at the site is classified as a subcontractor to the bidder. Anyone who solely performs manufacturing of and delivering of materials to the bidder (who will then install them with his own crews) is classified only as a supplier. Supplier costs are considered work performed by the bidder in the calculation of total Contract Work performed by bidder." As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in the space provided below and submit this Addendum with the Bid Pro )oral. Failure to provide such acknowledgement shall render the bid as non -responsive and subject to rejection. Print Company Name: OCEAN BLUE ENVIRONMENTAL SERVICES, INC. Print Name: J U ST I N L E E Signature, . -_ Date: 2/06/2018 Page 1 of 1 350 Main Street, El Segundo, CA 90245 (310) 524-2316