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Resolution No. 95591 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9559 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING CONTRACT NO. 610 FOR THE CITYWIDE SEWER SYSTEM CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION AND AUTHORIZING NOTICE INVITING SEALED PROPOSALS OR BIDS IN ACCORDANCE THEREWITH WHEREAS, there has been presented to the City Council of the City of Vernon Contract No. 610 for the Citywide Sewer System Closed Circuit Television (CCTV) Inspection; and WHEREAS, the City Council of the City of Vernon has determined that it is in the best interest of the City of Vernon that said contract be advertised in accordance with the Vernon City Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: Contract No. 610 for the Citywide Sewer System Closed Circuit Television (CCTV) Inspection is hereby approved and accepted by the City Council of the City of Vernon. SECTION 3: The City Clerk of the City of Vernon is hereby directed to file in her office at the City Hall of the City of Vernon a copy of said contract. SECTION 4: The City Clerk of the City of Vernon is hereby directed to give notice, in writing, inviting sealed proposals or bids for Citywide Sewer System Closed Circuit Television (CCTV) Inspection in accordance with Contract No. 610 and in accordance with this resolution. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 5: There being no newspaper of general circulation printed, published or circulated in the City of Vernon, the City Clerk is hereby directed to post said notice, or cause the same to be posted, in three of the most public places in the City of Vernon, to wit: the northwest corner of 38th Street and Santa Fe Avenue, the �Inortheast corner of Leonis Boulevard and Pacific Boulevard, and on the Ilbulletin board located outside on the wall near the second floor entrance to the City Hall of said City, located at 4305 Santa Fe Avenue, all in the City of Vernon, County of Los Angeles, State of IlCalifornia. SECTION 6: The City Clerk of the City of Vernon is hereby directed to post said notice forthwith and the first posting of said notice shall be not less than ten (10) days before the opening of the bids for the proposed contract. Said notice shall provide that sealed proposals or bids will be received by the City of Vernon at the office of the City Clerk of the City, at the City Hall, 4305 Santa Fe Avenue, Vernon, CA 90058-0805, until the hour of 2:00 p.m. on the 2nd day of April 2008. SECTION 7: The City Clerk of the City of Vernon shall certify to the passage of this resolution and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 3rd day of March, 2008. ATTE T: MAN ELA GIRO , C'ty Clerk Name: Leonis C. Malburg Title: Mayor aye Pxe - 2 - 1 STATE OF CALIFORNIA ) ss 2 COUNTY OF LOS ANGELES ) 3 4 I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby 5 certify that the foregoing Resolution, being Resolution No. 9559, was 6 duly adopted by the City Council of the City of Vernon at a regular 7 meeting of the City Council duly held on Monday, March 3, 2008, and 8 thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of 9 Vernon. 10 11 MANUELA GIRO (City Clerk 12 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: March 17, 2008 -TO: Samuel Kevin Wilson, Director of Community Services & Water FR Nelly Giron, City Clerk RE: Resolution No. 9559 - A Resolution of the City Council of the City of Vernon Approving Contract No. 610 for the Citywide Sewer System Closed Circuit Television (CCTV) Inspection and Authorizing Notice Inviting Sealed Proposals or Bids in Accordance Therewith Transmitted herewith is a copy of Resolution No. 9559, referenced above, which was approved by City Council on March 3, 2008. NG:dr c: Resolution No. 9559 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: May 28, 2008 TO: Samuel Kevin Wilson, Director of Community Services & Water FRO Nelly Giron, City Clerk RE: Contract No. 610 - Citywide Sewer System Closed Circuit Television (CCTV) Inspection Transmitted herewith are two duplicate originals of the contract referenced above, approved by the City Council of the City of Vernon on March 3, 2008, through Resolution No. 9559. If you have any questions, please let me know. Thank you. NG:dr c: Contract No. 610 Resolution No. 9559 J CITY OF VERNON CALIFORNIA CITYWIDE SEWER SYSTEM CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION CONTRACT NO.610 COMMUNITY SERVICES & WATER DEPARTMENT 4305 SANTA FE AVENUE VERNON, CA 90058 (323) 583-8811 TABLE OF CONTENTS Page A. NOTICE INVITING SEALED PROPOSALS (BIDS)................................................................. A-1 B. INFORMATION FOR BIDDERS 1. General 2. Contract Documents ............................................................................................................... B-1 3. License ............................................................................................................... B-1 4. Proposals ............................................................................................................... B-1 5. Contract and Bonds ............................................................................................................... B-1- 6. Addenda ............................................................................................................... B-2 7. Withdrawal of Bid ............................................................................................................... B-3 8. Award or Rejection of .........................................................................I.................. .............. Bids B-3 9. ......................................................................................................... Bidders Interested in More Than One Bid B-3 10. .................................................................................... Insurance and Financial Requirements B-3 11. Preliminary Estimate ....................................................................................... B-3 12. Deductive Items ............................................................................................................... B-3 13. Tour of the Site ....................................................................................................I.......... B-4 14. Project Description ............................................................................................................... B-4 15. Project Map ............................................................................................................... B-4 ........................................................................................ ... B-5 C. BID FORM PROPOSAL TO THE CITY OF VERNON 1. 2. Proposal Bid Prices ............................................................................................................... C-1 3. Materials ................................ .................................................................. I............ C-2 4. Subcontractors ............................................................................................................... C-3 5. Deposit of Security ............................................................................................................... C-4 6. Bonds ............................................................................................................... C-5 7. Withdrawal ............................................................................................................... C-5 8. Principals ............................................................................................................... C-5 9. License and Signature ................................................................................................I.............. C-5 10. Bidder's Qualifications ............................................................................................................... C-6 11. ............................................................................................................... Contractor's Acknowledgement of Insurance Requirements C-7 ...................................................... C-8 D. CONTRACT Article1. GENERAL............................................................................................................... D-1 Section1. Scope of Work............................................................................................................... D-1 Section2. Consideration............................................................................................................... D-1 Section3. Payments............................................................................................................... D-1 Section4. Contract Documents........................................................................................................ D-2 Section 5. Compliance with Provisions of Law............................................................................... D-2 Section 6. Costs and Attorney's Fees............................................................................................... D-2 Section7. Notices............................................................................................................... D-2 Section 8. Conflict with Plans and Specifications .......................................... I........... ........ D-2 ............. Section9. Assignment............................................................................................................... D-2 Section 10. Paragraph Headings............................................................................... ........................ D-3 Section 11. Authority of the City's Representative........................................................................... D-3 0 Article 2. WAGES, HOURS AND WORKING CONDITIONS.........................................Page ........... 11)3 Section 12. General Prevailing Wages ................................... D3 ........................................... Section 13. Hours of Work ............................... ...................................... D3 ............................................. Section14. Apprentices.................................................................................................................. D3 Section15. Subcontractors................................................................................. .................................. D3 Section 16. Discrimination................................................................................ ....... D4 ........................... Section 17. Safety ............................................ Section 18. Character of Workers ............................ Article 3. INSURANCE, INDEMNIFICATION AND BONDS ..................................................... D4 Section19. Insurance.................................................................................................................. 1)4 Section 20. Indemnification.................................................D4 ............................................................ Section 2l . Workers' Compensation ................................ D4 Section 22. Labor and Material Bond ........................................ D-5 ..................... Section 23. Performance Bond ................................................... ...... D-5 ..................................................... Article4. PERFORMANCE......................................................................................................... D-5 Section24. Time for Completion.................................................................... Section25. ..................................... Force Majeure.................................................................................................................. D•5 Section 26. Utility Relocation.................................................... D-5 Section 27. ............................... ........................... Public Convenience a5 Section 28. .................................................................................................... Excavations D-6 Section 29. .................................................................................................................. Extra Work D-6 Section30. Clean-Up.................................................................................................................. 11).6 Section31. Materials a7 Section 32. ................................................................................ .................................. Permits and Licenses a7 Section 33. ......................................................................................................... Land and Rights of Way DS Section 34. ................................................................................................... Plans and Drawings ............................... D8 Section 35. Shop Drawings Submitted by the Contractor Section 36. ................................... ........ ......................... Supervision by the Contractor D.9 Section 37. ........................................................................................... Inspection of Work 1)-9 Section 38. ...................................... .......................... ............................................ Correction of Defective and/or D-9 Unauthorized Work Section 39. ................................................. Errors or Discrepancies Noted by the Contractor Section 40. . ............................................................ Equipment ........................................... D-9 I..................... ..... D10 ............................................ . Article 5. MISCELLANEOUS................................................... Section 41. Damages for Delay ........................................................ Section 42. Guarantee .............. Section 43. Risk of Loss Prior to Final Acceptance ................. Section 44. Termination Section 45. Standard Specifications................................. ................. if .................................................... D10 .................................................... D10 .................................................... D10 .................................................... all .................................................... Dll ................................................... D12 Paae E. BOND FORMS AND INSURANCE REQUIREMENTS................................................................E-1 Workers' Compensation Certificate......................................................................................................E-2 PerformanceBond................................................................................................................E-3 Laborand Material Bond................................................................................................................E-5 InsuranceSchedule................................................................................................................E-7 DocumentationRequired................................................................................................................E-7 Proof of Insurance, Approval as to Form...........................................................................................:..E-8 SampleIrrevocable Letter of Credit......................................................................................................E-9 F. SPECIAL PROVISIONS................................................................................................................F-1 LGENERAL ....................... ........................................................................................ F-1 StandardSpecifications................................................................................................................F-1 Examinationof the Site................................................................................................................F-1 Mobilization................................................................................................................F-1 TrafficControl................................................................................................................F-1 Scheduleof Work...............................................................................................................F-1 II. CLOSED CIRCUIT TELEVISION (CCTV) ............................................... ........................F-2 Equipment............................................................................................................. F-2 TelevisingProcedures................................................................................................................F-2 Documentation of Televising.................................................................. ....................F-3 ......................... Jetting and cleaning of blocked sewer main line..................................................................................F-4 SafetyProcedures .................................... ............................................................................ F-4 Changein Work...............................:................................................................................F-4 Measurement................................................................................................................F-4 Payment................................................................................................................F-4 G. APPENDIX `°A" [m NOTICE INVITING SEALED PROPOSALS (BIDS) NOTICE IS HEREBY GIVEN that the City of Vernon, (hereinafter "City") invites and will receive sealed proposals (bids) up to the hour of two (2) o'clock p.m. on Wednesday, April 2, 2008 (according to the clock in the City Clerk's office), for the furnishing to said City of all transportation, equipment, materials, labor, supplies and services necessary for Contract No. 610, Citywide Sewer System Closed Circuit Television (CCTV) Inspection Proposals (Bids) shall be submitted to: City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 At said time, the bids will be opened in public and announced at the offices of the City Clerk. Bids shall conform to and be responsive to the requirements for Contract No. 610 and must be accompanied by a bid bond. The City Council reserves the right to reject any and all bids. Copies of the Contract No. 610 are on file and may be examined in the office located at: mailed). 2008. Community Services & Water Department 4305 Santa Fe Avenue Vernon, CA 90058 Copies may be obtained from said office with a nonrefundable deposit of $20.00 per set ($30.00 if Dated at the office of the City Clerk of the City of Vernon, this day of MANUELA GIRON, City Clerk of the City of Vernon, California - A-1 - B. INFORMATION FOR BIDDERS 1. General The work hereunder must be done in strict conformity with the plans and specifications adopted and approved by the City for Contract No. 610. 2. Contract Documents (a) The Contract Documents shall consist of the following: Notice Inviting Sealed Proposals (Bids) Information for Bidders Bid Form Proposal Bid Bond Contract Performance Bond Labor and Material Bond Proof of Insurance Workers' Compensation Certificate Special Provisions Detailed Plans and Specifications Standard Specifications and Drawings (b) All terms and conditions contained in the Contract Documents shall become a part of the Contract entered into between the successful bidder and the City. The City Council of the City reserves the right to reject any and all bids, and to waive any and all irregularities in any bids. 3. License A bid submitted by a Contractor who is not licensed in accordance with the provisions of Division III, Chapter 9, of the Business and Professions Code of the State of California will not be considered for award. 4. Proposals (a) Bids must be made in accordance with the following instructions: (1) Bids shall be made on the Bid Form Proposal furnished by the City as a part of Contract No. 610. All bids shall be properly executed with the signatures of all signatories written in longhand. All blank items shall be filled in. Numbers shall be spelled out and written in Arabic figures. If the words and Arabic figures are different, the words shall be used and the Arabic figures disregarded. Erasures, interlineations or other corrections shall be authenticated by affixing next to the mark or correction, or in the margin immediately adjacent thereto, the initials of the signatory(ies) to the bid. If the unit price and the total amount set forth by a bidder, for any item, are not in the Bid Form Proposal, the unit price alone shall be considered as representing the bidder's intention, and the totals shall be corrected to conform thereto. (2) Bidders must submit bids on all of the schedules set forth in the Bid Form Proposal. (3) Bids shall not contain any recapitulation of the work to be done. Alternative proposals will not be considered except as specified. Oral, telegraphic and/or telephonic proposals or modifications will not be considered. (4) Bids shall be accompanied by a cashier's check, a certified check, or bidder's bond in an amount equal to 10% of the bid, made payable to or for the benefit of (as the case may be) the City of Vernon. Said check or bond shall be given as a guarantee that the bidder will enter into Contract No. 610 if - B-1 - awarded the work. The check or the bid bond may be forfeited to the City if the successful bidder: (1) refuses or fails to execute the Contract within fifteen (15) calendar days after receipt of written notice from the City that the Contract is ready for signature, or (2) refuses or fails to furnish the required Contract bond and/or proof of insurance coverage within thirty (30) calendar days after the City has provided written notice of award. If no bid is accepted by the City Council, or if the successful bidder executes and delivers the necessary Contract Documents to the City, then the City will return all checks and bonds received by it within ten (10) days after the execution of said Contract or within ten (10) days after being requested to do so by the unsuccessful bidder. (b) Before submitting a bid, bidders shall: read Contract No. 610, especially the Special Provisions, and all other Contract Documents with care; visit the site of the work, and; be fully informed about all the existing conditions and limitations. The bidder should also be fully aware of the bond and insurance requirements as to the successful bidder. The bid shall specify the amounts to cover the cost of all items included in Contract No. 610. No allowance will be made because a bidder failed to examine the Contract Documents or obtain the requisite knowledge about the project prior to submitting its bid. (c) Bids shall be sealed in an envelope marked: Contract No. 610, Citywide Sewer System Closed Circuit Television (CCTV) Inspection Bids shall be addressed to the City Clerk of the City and shall bear the name of the bidder. Bids shall be delivered to the City Clerk on or before the day and hour for the opening of bids as set in the Notice Inviting Sealed Proposals (Bids). It is the SOLE responsibility of the bidder to see that the bid is delivered and received before the scheduled closing time for receipt of bids. Any bid received after the scheduled closing time shall be returned to the bidder unopened. (d) The City shall have a period of sixty (60) days after the opening of the bids within which to accept or reject any or all of the bids. 5. Contract and Bonds (a) The form of Contract that the successful bidder, as the Contractor, will be required to execute is included in the Contract Documents, and should be examined by the bidder with care. The Contract, bonds and other documents to be executed by the Contractor shall be executed in original triplicate stamped according to law. One original shall be filed with the City Clerk and the others with the appropriate City departments. (b) At the time the Contract is executed, the successful bidder will be required to furnish and maintain the following: (1) a Labor and Material Bond in an amount equal to 100% of the Contract price and (2) a faithful Performance Bond in an amount equal to 100% of the Contract price. The bonds shall be secured from a surety company that the City finds acceptable. The surety's name must be on file with the County Clerk of Los Angeles County and/or the California Department of Insurance as an approved and financially sound surety company, authorized to transact business in this state. The bonds shall meet all of the requirements and contain all of the conditions specified in Sections 3247 and 3248 inclusive, of the Civil Code, and other applicable provisions of the law and/or regulations of the State of California. (c) If the successful bidder fails to execute the Contract, file the required bonds, and/or file proof of insurance coverage as required by the Contract Documents, the award of the Contract may be annulled by the City and the bid bond forfeited. - B-2 - 6. Addenda Any addenda issued before the time in which to submit bids expires, and included as a part of the Contract Documents furnished to the bidder for preparation of its bid, shall be covered in the bid and shall be a part of the Contract. 7. Withdrawal of Bid Any bidder may withdraw its bid either personally or by a signed written request any time prior to the scheduled time for opening of the bids (but not after). 8. Award or Rejection of Bids The Contract will be awarded to the lowest responsible bidder complying with these instructions and with the Notice Inviting Sealed Proposals (Bids). The City, however, reserves the right to reject any and all bids or to waive any irregularities in bids received. If, in the judgment of the City, a bid contains prices for the various items within the bid that appear to be unrealistically low, or if the bidder is not considered responsible, the bid may be rejected. 9. Bidders Interested in More Than One Bid No person, firm or corporation shall be allowed to make or file, or be interested in more than one bid for the same work, unless alternative bids are permitted. A person, firm or corporation that has submitted a subproposal to a bidder or quoted prices on material to a bidder, may submit a subproposal or quote prices to other bidders. 10. Insurance and Financial Requirements (a) Before entering into the Contract, the successful bidder shall furnish evidence that workers' compensation insurance, public liability, property damage insurance, and all other insurance specified in the insurance schedule set forth at page E-7 and E-8 have been procured. The insurer must be an insurance company admitted in and authorized to do business in California and maintain a rating that is acceptable to the City. The insurance procured must be maintained in full force and effect for the entire duration of the Contract. (b) Before the Contract is awarded, any bidder upon request shall furnish a recent statement of said bidder's financial condition and previous construction experience or such other evidence of the bidder's qualifications, as may be required by the City. If not previously provided to the City, the successful bidder shall furnish a recent statement of its financial condition and previous construction experience or such other evidence of its qualifications before entering into the Contract. 11. Preliminary Estimate The preliminary estimate of quantities of work to be done and material to be furnished, as shown in the Contract Documents, are approximations and are given as a basis for the comparison of bids. The City does not expressly, or by implication, agree that the actual amount of work will correspond with the preliminary estimates. The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work, as it deems necessary or expedient. The successful bidder shall not at any time after the submission of the bid have any claim for damages as a result of lowering of anticipated profits or the loss of profits because of any difference between the quantities of work actually done and those stated in its bidding sheets. Each bid item should be priced to carry its pro-rata share of the costs, overhead and profit. Bidders are cautioned against unbalancing their bid by including more than a pro-rata share of overhead and profit in any bid item. - B-3 - 12. Deductive Items Attention should be paid to Deductive Bid Items. These items have been listed in the Bid Price section of the Bid Form Proposal. All items will be totaled and included in the comparison of bids made by the City. The City has the option of deducting the Deductive Bid Items from the total bid price prior to awarding the Contract. 13. Tour of the Site Contractors are encouraged to tour the City before submitting bids. A map of the City showing the location of City -owned and other sewer is included as Appendix "A". 14. Project Description Contract No. 610 is a contract to inspect the entire city -owned sewer mainline system excluding District Boulevard from Downey Road to 48` Street and Fruitland Avenue from Maywood Avenue to Loma Vista Avenue with closed circuit television cameras (CCTV) within the City of Vernon, State of California. The condition of the pipes themselves and the state of flow will be noted, i.e. any cracks, debris blockages, intruding tree roots or other imperfections will be indicated on the reports. All connections and laterals will be noted by location and station. - B-4 - is. PROJECT MAP B-5 TA Y- E WORK TORE Bushms Aftoss : AES Enterprises, Inc. 305 Town Centre Terrace, Suite 0, Brentwood, CA 94513 P110110 Numbor 925-634-7154 5674 Oakmont Court Place of puwdbnow Discovery Bay, CA 94505 Tito site oft WMICtO be Pelformedwid w&n.vd to herein -is fil-flie Counly of Los Agts . 12'aliforn.4 The work to he -Perfwmed will bP in atcordance with the sPecifications and Contract Doc=nentr, of "Contraot No. 610, 'WUNCILOF THE 0'TY OF VERNON: Pwposal(RkN) and g thereto, the U1140r .i bis d y, ari bo x f(u)WI.0 Witiv-di o.w'Ins. attwe-ontmot, md the conof the work at the done" by Prqoses add 4wees to pot -form the ttact ww1ij, data Wl'cr issimmm fif w"Notice kv -Proceed" or commenrx-mtnt.of work, whiclimr- 00curs Hut laoluding all. of Its, wrapan witpam%ward evexy$ in mquirW w be port ormod, arid: (opfo-Vidu Md RqUWA any a all vf t1w labor,.mOWK jp.018-, a-Pendable as I utilit pinent., and al. y and translimution services 0hr, Cant rat -e MUMOall Of*e- work required as an&o. wAft In- a worlunWiL r difidd J n: Convaut'M*10, 40 in 8 W01 WAffinn It V W 1111 t sp he'Plaw.. d ��wffic.*Iiom and other cantlhnt DOOUMOMS,;W�ldir4.:ids euloft) innbe,S NA orthe City le& gind — on Me in the.fAl"loc 11,10 U-0XJWqiPWJ, as bid4or, dwWes dwt" only pors owqfor pardos interested t this proposal aspnw-jp418 41V those Itainedhweih, and thitt: this: p sal is - mad 1-thbUt 0011,14(in With any purm,. ff atid ail�a. ONIV MIMI. 'FN"biWW � , -01), IhAf if t Pr Men I MS pmpwal is acoepted, the hIdder mill txl a. COWT40-w"Ith thvO* ftr 1,0:10-81ftwadd11y, tie Me fbtm as tho;:Contmd set fordi in die, ConlTat. Documents. - C-I - I�lac :ctndtrs�Wacd as hIddderi agrees thm tiro bidder will a o pt toktil Payment; iiwm r the l'.� .l , lxarIPIUM jW''kest t� MI.. PDXf r'rmn a i:4 Worlr As sPeciflod herein and shown arj fir flails anti Sjvjj lul Pmvis s ofcolittaT No� 610.uctudixg. ;strut BOWMrd ft(m) Do'vvnq Road .to 0" Street mW Fruit] and Acvc u(c ' fr tm Maywood Avtmuc tc1 Loma, Vista Aventte. The ttmU.l lurid Pric altmu'iti inoitttles funlislIfn gall labor r t4 1 immi tttfi txtablli axtlnu, tramp r 1, i p l or"all r tttnv als, t) rrON, AwN, overh#mil, profit turd ts ;aci2a, svitti �a� i:cmrt�a�t ��, (110 kvidt OR of th a rark In Plana td in a�rking cnreior arc ordin to #10 darts at�d ��� m to C Mho I fc r. „ Fifty Five Cents per Ifllefar foot (fords) 0 55 Owes) 126,269.55 (figures') 1001 at iscleAll% vm(c, (ruh, der rii, &rrease, soil moo. ,lromxm amen %dn lines NOtitlm block thq,vier oa�r� t ��r ��p ���t al �rovi��► a: �a� c��o�t�:��a �p����r�at�l� Fi�� i� �,�t �i;. Fifty —Five Cents par, l ;car c)m "s $ 0.5 5 Der wear foot 16,500.00 Mau"OR) TQ44 Item Nos. I th.r.augh .. iodusimr. One Hundred Forty -Two Thousand Seven Hundred Sixty -Nine and 55/100 Dollars $142,769.55 l t as MOTMOd tW.tlte bmBOira Itlautitt s> an AWOX lame:only �umd a w1ely. bbr to Putpose of i�1l r tlt O son Of bw andIt at tho C'oatra oes. o on will k oomuja .upon*embmis Ofthe meall umAitx urn theOOMP1010 work,whetircr dwy bo more yr im ,tom those aim. C=2 bassi is as followst e-3 4. Iitacir��ar• The bidder m gellmal contra tore 110rdV ITMtirls thO 800071tr otors can the. job f01, oft6h part?icuktrar stc or SJJb(j'iv iOn `-tile work with enh. firm usmic (l principal I � 101.1 of tho s ill, Atop or sit w Whell the valiv Ofthe work:lab or,as rvioo petfori°ni is. in OxCOSS A)f no-baifofmm lvrmt of the tall l(t nie bidder sir s itutt therro.*411 be 110 s,1b$t14tU(i1Dn Ofstt 0011traet9rar s�XCOpt npon 0raa11l�t m�iacr with �c and ubeofttrgcto _Fair Pr tax Act" (Pnbiio t;�oatraet, Code Sco +x)s 4ill�a, � � On't odon: List mly sr nu subcontmotor for asu}r srroh 011:) PRINCIPAL Additional �Ak:"�"1 L=I Video Inspection Tunnel Vision Pipeline Cleaning & Apple Valley, CA Services m' C-4. .......... AC YIN)G P R- Op. A.L Bidder's Bond Ttm. words. 1"Cash s:C, h �Ie , . . eokr, tic i Utz weq I in (oil the. total of the hid, pa U&., (I 01Y.) Of y4ble:zqorrf F 0 Cis as t, 0 Caso ma�, bo). or.1he bellent.o. 1h C h The. and elsitnod'deposits the -required seovirtw. forieftedlotdie. City tase this bid propostil is acoepted by tho City, and tho M uadvnigned falls toexecuto the. Conti -act. fi.. U-10 UAdOrWped agrees toprovkle the City wItIva Performance Hond and Labor and h44tajaj_Bojjd in tht, 1-brM set -forth in tie Untract Documents within seven (7) calendar_days after Me.daw of tnailhig of The acceplanm. IU surety wiJI be ogle tilat tile C1,1,y Nds acovp1mble. Xift'd aOIwwIodjvsthvd it may wi(hdrhtw its �kj either 90:Moftally or I)y a s Jg"W! wrMw e vgvfthe b-thbid id& Onoo laidder We" ftVits bid NAM Matbe withdrawn for a period tho tune w for the opening thereof The Olfties of AtIver,10% inUftFW ih l uw Posal as principalx are as 1411ovv,97 Linda Whitman, President / Secretary Robert Whitman, Vice President /Treasurer C-5 5 9• 43#3La1IIIi aF kA 9 Al The undersigoed U NOCAMd<in nxxirdan" With Calftfnia BUSInt.0-1 And PM1 siozas Oxte, Lmse No816860 A-Haz Name ofbidder- AES Enterprises, Inc. 305 Town Centre Terrace, Suite 0 Brentwood, CA 94513 Si natuto Of"bidder, Xt�QV�� 11�L4�/�t �. Linda Whitman Mbert Whitman President / Secretary Vice President / Treasurer DOM: April 1, 2008 NOTE: TE: Ilie com&.tc Orld Properlegal mime of 010. bidder shall be ;sex, fordi above, IfthoWderisa OM r ilirtA .xs fOROWS' (1) the ChOirmall .of tile broard, thO prei;ident_. or any vice- pmsidwrt, and(2) the eorporala., secret+ hief filtancia1 Ot'(imr, 01 Ora to i tarrrt tmasum, litheWthe Wddox is rr limited aainn e� rcararrb; ttna ers laws othcivisu provWed in the ompany's at tiles of org a.nimli n, If- the birder is a pame 11ip aut`es an r uked: of°flee portmuor partners m4horized to sly -wntraou on beimi l' a oic partneaftp, C- to '"Io=ddera�t#�� speofic tyN Orwork:>indieftdn theprePosO]. "he oll� rt en ft ets f eh ahONY 0406 0e in work ofsimilar scopo to that CO Bred in the propo,, 1 find which h Vc bewl satUfactorfly comjj)c.jjw in the past five W YeArs, are: YEAR NAME Of FIUWWAN AND, )t:N�11�:F;�lt�. LOCATIONLOCATION�-ONTRAcC TA-TVIO Ng - City of Palo Alto 2007 Jamie Allen 650-617-3130 / Palo Alto, CA 432 066 _.... City of San Jose 2006-07 Matt Newton 408-930-0589 San Jos„ e CA $836 _.� . ,_153 __ '. City of Dixon �08 Doran Maxwell 707-678 7059 �� Dixon., City of San Mateo Ty 2006 Mario Unc 650-522,-7315r _ Saner, CA 114 582 _..._ City of San Mateo 2005 Mario Ung 650-522-7315 ---�- - San Mateo CA 58 682 Fairfield-Suisun Sewer District .._ -�" 2005 Kevin Cullen 707 429-8930 Fairfield, CA $106,101 City of Dixon / 2003-06 Doran Maxwell 707 678-7059 ,/ Dixon CA $ 25,898 City of San Mateo 2001-02 FloriaSAa-Mateo CA nbo 6Q-52�-3 TN Aidd , as 4 c0fltraotor, has never railed 10 :ati$f�OOI ity Complete an axrr�rrl.^il etaratt��, except as follows: N/A l deel e':nad r l sty ()fpe #tt , xinder me hi� � : orthu state o .c'at r'o ia�, matthe f , aoilx is true a nd eofMl. l :ai Brentwood, CA n this 1st day of April k�il�; l*inattaro NIMO Robert Whitman, Vice President C - 7 ,f `U ontroLctrrr acknowledp thai tt►t a wrance-hodule contained in soot on "'F;"a lies'i n uieav d, that zt wpy them rer u r d +aoin mq:11 besubmitted within fiairt " (3+0) days a11:et rz.oIfluation ofThe a act, pi a oftlsc Colitt,"ct rr" bid. Tbo Cont rapwand r nd that the. Contraw ti%411 not be woumd 4YY the Oly ofVenlolz i,ntii all ;proof f inslow.xv la ire beat re-coNod d 4pploved all to thi-in 1jy Ih City Attorney. 'tic -Con traewr agives thtit faare to submit the: required proo1'ni' in ursi tot- wiNn said NAY { a ) day :shall eanotimtc .grovacts at the City s di :roi for wailing the Contract to tlrc ncxt Jowo o bidder and for forfeidw the ott %r's bid bood 1)ajo; April 1, 2008 Contractor AES ENTERPRISES, INC. Rob*titman 'rifle; Vice President C-8 American Contractors Indemnity Company 9841 AIRPORT BOULEVARD, 9T" FLOOR, LOS ANGELES, CA 90045 (310) 649-0990 e;a BOND NO. N/A 4 PREMIUM BID DATE: 04/02/08 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, AES ENTERPRISES, INC. (hereinafter called Principal), as Principal, and American Contractors Indemnity Company , a corporation, i organized and existing under the laws of the State of California and authorized to transact a general surety business in the r State of CALIFORNIA (hereinafter called Surety), as Surety, are held and firmly bound unto CITY OF VERNON (hereinafter called Obligee) in the penal sum of TEN percent ( 10 %) of amount bid not to exceed SIXTEEN THOUSAND AND NO/] 00----------------------- Dollars ($ 16,000.00 ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors } and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for CITYWIDE SEWER SYSTEM CCTV INSPECTION NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, then this obligation shall be void. If the Principal shall fail to do so, then the undersigned shall pay the obligee the damages which the obligee may suffer by reason of such failure up to and not Ek exceeding the penal sum of the bond. SIGNED, SEALED AND DATED THIS 28TH DAY OF MARCH 2O08 AES EgTejERPRISES, INS, PRINCIPAL; By: <4e J 5 /f 4, 1474k,- r� Ro ert J. Whitman, Vice President �' � c� /' ✓ Ir � Amer'forIndemnity C rnpany { By: A MATTHEW J EERNAERT Attorney -in -Fact w h HCCSZZ220B06/04 D. CONTRACT THIS CONTRACT FOR, Contract No. 610, Citywide Sewer System Closed Circuit Television (CCTV) Inspection is made, entered into, and executed in triplicate in the City of Vernon, California, as of the _day of , 2008. BY AND BETWEEN CITY OF VERNON, a municipal corporation hereinafter referred to as "City" AND AES Enterprises, Inc. 305 Town Centre Terrace, Suite 0 Brentwood, CA 94513 referred to as "Contractor". IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN SET FORTH, THE PARTIES DO HEREBY AGREE AS FOLLOWS: Article 1. GENERAL Section 1. Scope of Work The Contractor will furnish all labor, equipment and materials and will perform all work described in the Contract Documents attached hereto and hereby incorporated by reference. Section 2. Consideration The City shall pay the Contractor for the performance of the work hereunder in accordance with the amounts set forth in Bid Form Proposal attached hereto and hereby incorporated by reference. Section 3. Payments (a) Monthly Pro ess Payments On or about the 25th day of each month, the Contractor shall submit to the City an application for its monthly progress payment. The application shall contain an estimate of the amount and value of all the work performed by the Contractor since the date of its last progress payment application. The City's Representative shall perform a quantity validation prior to approving the monthly progress payment. The City shall pay the Contractor, the amount of the approved monthly progress payment, less 10% retention. The monthly progress payment may also be reduced by the following: (1) amounts due to the City for equipment, services or materials furnished by the City in connection with work done on the project; (2) amounts of any claims or liens, and (3) amounts required to be deducted by Federal, State or local governmental authorities. Payment shall be made within thirty (30) calendar days of City's approval of the Contractor's monthly progress payment application. No monthly payment shall be construed as acceptance of the work, or any portion thereof, nor shall such payment preclude the City from demanding and recovering from the Contractor such damages as may be sustained by reason of the Contractor's failure to fully perform under the Contract. (b) Final Progress Payment Upon satisfactory completion of the work described herein, the Contractor shall furnish the City with a complete and final accounting of all labor, materials, and other costs. The City shall pay the Contractor according to the payment terms set forth in Section 3(a). - D-1 - (c) Payment of the Retention Payment of the retention shall be made thirty-five (35) calendar days after the recordation of a Notice of Completion by the City or if a Notice of Completion is not recorded sixty-five (65) calendar days after acceptance of the completed project. The acceptance will be made only by an action of the City Council of the City. Acceptance of payment of the retention by the Contractor shall constitute a waiver of all claims against the City arising under this Contract. Section 4. Contract Documents The complete Contract includes the Contract Documents set forth herein, including: (1) Notice Inviting Sealed Proposal (Bids), (2) Information for Bidders, (3) Bid Form Proposal, (4) Contract, (5) Performance Bond, Labor and Material Bond, Proof of Insurance, Workers' Compensation Certificate, (6) the Special Provisions, (7) detailed Plans and Specifications, (8) Standard Specifications and Drawings, and (9) any addenda. Section 5. Compliance with Provisions of Law The Contractor shall comply with all applicable provisions of law whether Federal, State, or local relating to its performance under the Contract. Section 6. Costs and Attorney's Fees In any action or proceeding brought to enforce the provisions of this Contract, the court shall award reasonable costs and expenses, including reasonable attorney's fees, to the prevailing party. Section 7. Notices Any notice required or permitted hereunder shall be given by personal delivery or by first class mail, postage prepaid, To: Contractor AES Enterprises, Tnc, 305 Town Centre Terrace, Suite 0 Brentwood, CA 94513 To: City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Section 8. Conflict with Plans and Specifications Any conflict between the plans and specifications and this Contract shall be brought to the attention of the City's Representative for resolution. Section 9. Assignment The Contractor shall not assign the Contract or the payments due under the Contract. - D-2 - Section 10. Paragraph Headings The paragraph headings herein are for the convenience of the parties and shall not affect the interpretation of the Contract. Section 11. Authority of the City's Representative The City's Representative shall decide all questions which may arise regarding the quality and/or acceptability of materials furnished, the manner and/or acceptance of the Contractor's performance, the rate of progress, and the interpretation of the plans and specifications. Article 2. WAGES, HOURS and WORKING CONDITIONS Section 12. General Prevailing Wages The Contractor agrees that it, or any subcontractor working under it, will not pay less than the prevailing rates of wages to all workers employed in the execution of this Contract. The Contractor will post one copy of the established prevailing rates of wages at the job site. For each calendar day or portion thereof, and for each workman paid less than the stipulated prevailing rates for such work or craft in which the workman is employed or any work done hereunder by him, or by subcontractor under him, the Contractor shall forfeit as a penalty to the City the sum of $50.00. Section 13. Hours of Work (a) The time of service of any worker employed on the Contract is limited to eight hours during a calendar day and forty hours during a calendar week. If an employee works in excess of the foregoing hours, the employee will be compensated at a rate of one and one-half times their basic rate of pay. (b) The Contractor shall keep and make available until ninety (90) calendar days after completion of this Contract Agreement an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him on the work hereunder. (c) The Contractor shall, as a penalty, forfeit to the City $50.00 for each worker employed on the work by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours a calendar day or forty hours in one calendar week. Section 14. Apprentices The Contractor is responsible for complying with the provisions of Labor Code Section 1777.5 dealing with the employment of apprentices on the job site. Section 15. Subcontractors (a) The Contractor shall comply with the provisions of the "Subletting and Subcontracting Fair Practices Act" contained in Public Contract Code Sections 4100, et sec . (b) The Contractor shall submit to the City the following information: (1) The name and location of the place of business of each subcontractor who will perform work or labor or render services to the Contractor hereunder, or a subcontractor licensed by the State of California, who, under subcontract to the Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the Contractor's total bid. 15(b)(1). (2) The portion of the work to be done by each subcontractor identified in Section - D-3 - (c) The Contractor shall list only one subcontractor for each portion of work as defined by the Contractor in its bid. Section 16. Discrimination The Contractor shall not refuse to employ or promote any person, shall not discriminate against any person with respect to compensation received or terms and conditions of employment, and shall not discipline or discharge any person in its employment because of the person's race, religion, creed, color, national origin, ancestry or sex. In addition, the Contractor shall not refuse to accept otherwise qualified employees as indentured apprentices solely on the grounds of race, religion, creed, color, national origin, ancestry or sex. Section 17. Safe The Contractor and all subcontractors shall comply with the provisions of the Safety and Health Regulations for Construction, promulgated by the U.S. Secretary of Labor under Section 107 of the "Contract Work Hours and Safety Standards Act", as set forth in Title 29, C.F.R. and by the State of California, Division of Industrial Safety. Section 18. Character of Workers Only competent workers shall be employed to work on the Contract. Any person employed, who is found to be incompetent, intemperate, troublesome, disorderly or otherwise objectionable, or who fails or refuses to perform his work properly and acceptably, shall be immediately removed from the work by the Contractor and shall not be re -hired to perform work on the contract. Article 3. INSURANCE, INDEMNIFICATION and BONDS Section 19. Insurance The Contractor shall provide the City with proof of insurance naming the City, its consultants and each of its directors, officers, agents, and employees as additional -named insureds on a policy or policies of insurance providing and maintaining the coverages set forth in the Insurance Schedule contained herein. Said coverage is not required for the active negligence of the City to the extent that indemnification for the City's active negligence would be invalid under Section 2782(b) of the California Civil Code. The proof of insurance shall also provide that said policy or policies are not to be canceled or materially reduced without giving the City at least 30 days written notice. Section 20. Indemnification The Contractor shall indemnify, protect, defend, and hold harmless the City, its consultants and each of its directors, officers, agents, and employees from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, orders, judgments, and all costs and expenses incurred in connection therewith, including reasonable attorneys' fees and costs of defense arising, directly or indirectly, in whole or in part, out of the services performed under this Contract, except to the extent arising from or caused by the sole active negligence or willful misconduct of the City, its officers, agents, or employees. Section 21. Workers' Compensation The Contractor shall secure payment of compensation to Contractor's employees pursuant to Labor Code Section 3700, and shall obtain employers' liability insurance as set forth in the Insurance Schedule. Prior to commencing work hereunder, the Contractor shall submit to the City the Workers' Compensation Certificate or an executed certificate of workers' compensation insurance as provided herein. Such insurance shall include a waiver of subrogation endorsement naming the City, and its consultants, and each of its directors, officers, agents, and employees. - D-4 - Section 22. Labor and Material Bond The Contractor shall execute and deliver to the City for its approval and acceptance a Labor and Material Bond in an amount equal to the total amount payable under the terms of this Contract. Said bond shall be payable by surety or sureties to the City in the event the Contractor fails to pay its subcontractors for labor and material used in this project. Said bond shall be in substantially the same form as that attached hereto. The surety will be one that the City finds acceptable. Section 23. Performance Bond The Contractor shall execute and deliver to the City for its approval and acceptance a Performance Bond in an amount equal to the total amount payable under the terms of this Contract. Said bond shall be payable by surety or sureties to the City in the event the Contractor fails to fully perform under this Contract. Said bond shall be in substantially the same form as that attached hereto. The surety will be one that the City finds acceptable. Article 4. PERFORMANCE Section 24. Time for Completion The work shall be completed in the number of calendar days specified in the Bid Form Proposal. Section 25. Force Maieure Neither Party shall be considered to be in default in any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightening, epidemic, war, riot, civil disturbance or disobedience, sabotage, or embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force, shall give written notice within five (5) Business Days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. Section 26. Utility Relocation (a) The City will identify the main and/or trunk lines in the plans and specifications. The City is responsible for the timely removal, relocation or protection of existing main and/or trunk line utility facilities located on the construction site, unless such utilities facilities are identified by the City in the plans and specifications. The City shall pay the costs of removing or relocating utility facilities not identified in the plans and specifications with reasonable accuracy, repairing damage not due to the Contractor's failure to exercise reasonable care, and equipment on the project necessarily idled during such work. The Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay is caused by the failure of the City or the utility owner to provide for the removal or relocation of such utility facilities. (b) Nothing herein shall be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the construction site can be inferred from the presence of other visible facilities, such as buildings or metering junction boxes on or adjacent to the construction site. (c) If the Contractor, while performing the Contract, discovers utility facilities not identified by the City in the plans or specifications, the Contractor shall immediately notify the City's Representative and the utility owner in writing. - D-5 - Section 27. Public Convenience (a) The Contractor's operation shall not unnecessarily cause any public inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the work or an approved detour shall be provided. Safe, adequate, continuous and unobstructed pedestrian and vehicular access shall be maintained to fire hydrants, water valves, residences, commercial and industrial establishments, churches, schools, parking lots, service stations, motels, fire and police stations, and hospitals, unless other arrangements are made satisfactory to owners thereof (b) Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. (c) Grading operations, roadway excavation and embankment construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. (d) The Contractor shall comply with all applicable State, County and City requirements for the closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagmen and watchmen advising the public of detours and construction hazards. The Contractor shall also be responsible for compliance with additional public safety requirements that may arise during construction. The Contractor shall furnish and install and, upon completion of the work, promptly remove all signs and warning devices. (e) At least 48 hours in advance of closing or partial closing or of reopening any street, alley, or other public thoroughfare, the Contractor shall notify the police, fire, public transportation (MTA), traffic and engineering departments of the City and any other jurisdictional agencies involved and shall comply with their requirements. Section 28. Excavations Not applicable to this project. Section 29. Extra Work (a) The City may require changes in, additions to, or deductions from the work to be performed or to the materials to be furnished hereunder. No extra work shall be performed or change or addition made without a written order from the City. The written order shall state that the extra work, change or addition is authorized by the City, identify the work that is to be done and method to be used to accomplish the work, and set forth the basis upon which payment is to be made. Nothing in this article shall excuse the Contractor from proceeding with the prosecution of the work so changed. The Contractor shall, when required by the City, furnish an itemized breakdown of the quantities and prices used in computing the amount of any change or addition that might be ordered. The adjustment, if any, in the amount to be paid to the Contractor by reason of any such change, addition or deduction shall be determined by one of the following methods: (1) A lump sum proposal from the Contractor. (2) By applying the unit prices contained in the Contractor's bid incorporated in the Contract Documents or fixed by agreement between the City and the Contractor. (3) By proceeding with the work and furnishing daily reports of extra work by the close of the next working day. Failure to submit the daily report in a timely manner may waive the Contractor's right to compensation for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the City Engineer or his designee. The daily report shall itemize the costs for labor, materials, and equipment rental. Reported labor costs shall - D-6 - include the names and classifications of the workers, the hours worked, and the rates of pay. Reported equipment costs shall include the type of equipment used, the identification number, the hours of operation, and hourly rate. All records and reports shall be made immediately available to the City's Representative. (b) Markup This section shall modify and replace "Section 3-3.2.3, Markup" of the Standard Specifications for Public Works Construction. (1) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: a) Labor ......................20% b) Materials ......................15% c) Equipment Rental .....................15% d) Other Items and Expenditures ............15%0 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added as compensation for bonding. (2) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in (1) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the contractor. Section 30. Clean Up Upon completion of the work, the Contractor shall remove all debris and surplus materials from the work site. Section 31. Materials (a) New Materials and Equipment Unless otherwise specified, shown, or permitted by the City all material and equipment incorporated in the work shall be new and of current manufacture. The City may request that the Contractor furnish manufacturer's certificates indicating the quality of the material. No material shall be installed until approved by the City's Representative. (b) Inspection of Materials All material furnished hereunder shall be subject to inspection and testing by the City's authorized agents at the City's expense. In the event that such inspection and testing reveals material that does not comply with the Contract Documents, the Contractor shall bear the cost of necessary corrective measures as well as the cost of subsequent inspection and testing: (c) Defective Equipment or Materials The inspection under Section 31(b) shall not relieve the Contractor of any of its obligations under the Contract. Even though equipment or material required to be provided has been inspected, accepted, and included in a monthly pay application, the Contractor shall, at Contractor's expense, replace or repair any such equipment or material found to be defective or otherwise non -compliant with the Contract Documents up through the guarantee period in Section 42. - D-7 - (d) Storage of Materials All material for use in the work shall be stored by the Contractor in such a manner as to prevent damage from exposure to the elements, from admixture of foreign materials or from any other cause. The Contractor shall be solely responsible for damage or loss of materials caused by exposure, weather or other causes. Section 32. Permits and Licenses (a) The Contractor shall apply for and procure all permits and licenses necessary for the work except: (b) The Contractor shall provide all notices necessary and incidental to the lawful prosecution of the work and shall comply with the terms and conditions of all permits and licenses. (c) The Contractor shall pay all charges and fees in connection with all permits and licenses except those required by the following: Section 33. Land and Rights of Way (a) The City shall provide, or arrange for the provision of, the land and rights of way upon which the work is to be constructed. (b) The Contractor shall procure any additional rights of way desired by the Contractor to facilitate construction of the work. The Contractor shall enter into written agreements with property owners for such purposes and shall provide the City with copies of such agreements. (c) Except as provided in Section 26, when the work described in the Contract Documents is to be performed in the vicinity of existing improvements, said improvements shall not be disturbed or damaged. However, the Contractor may remove or relocate improvements in the land and rights of way provided by the City pursuant to Section 33(a). Section 34. Plans and Drawings (a) The approved plans may be supplemented by working drawings as are necessary to monitor the work. All drawings shall be consistent with the Contract Documents. All such drawings delivered to the Contractor shall be deemed written instructions to the Contractor. (b) The City will furnish the Contractor with copies of all drawings and specifications reasonably necessary for the execution of the work, at no charge. The Contractor shall keep one set of drawings and specifications in good order at the job site and make them available to the City's Representative and to the Contractor's representatives. (c) The drawings and/or plans will show conditions as the City believes them to exist; but it is not intended or to be inferred that the conditions as shown thereon constitute a representation by the City that such conditions are existent. The City shall not be liable for any loss sustained by the Contractor as a result of any variance of the conditions as shown on the drawings and/or plans and the actual conditions revealed during the progress of the work, or otherwise. - D-8 - Section 35. Shop Drawings Submitted by the Contractor Not applicable to this project. Section 36. Supervision by the Contractor The Contractor shall have a designated representative or alternative representative present at the worksite whenever work is in progress. The Contractor's designated representative or alternate representative shall have authority to act for the Contractor. Before starting the work, the Contractor shall inform the City, in writing, of the name of its designated representative. An alternate representative may also be designated. Any communication between the City and the Contractor's representative shall be deemed as a communication to the Contractor. If the Contractor fails to have a designated representative present at the worksite, the City's Representative may give necessary direction or instruction to the superintendent or foreman having charge of the specific work to. which the direction or instruction applies. The superintendent or foreman shall comply with the direction or instruction promptly and shall relay the City's communication to the Contractor or its designated representative. Section 37. Inspection of Work (a) The City shall have access to the worksite at all times to review and/or inspect the progress of the work, the workmanship and the material being used. (b) Whenever the Contractor changes its hours of operation, notice shall be approved by to the City's Representative one week prior to institution of the change. Any work done in the absence of the City's Representative may be subject to rejection, at the City's discretion. (c) All excavations that are to be backfilled shall be inspected and approved by the City's Representative prior to backfilling. The Contractor shall give the City's Representative advanced notice of the backfilling. (d) Inspection of the work by the City's Representative shall not relieve the Contractor of the obligation to fulfill the Contract. Defective work shall be corrected, notwithstanding the fact that the City's Representative may have previously accepted the defective work. Section 38. Correction of Defective and/or Unauthorized Work . (a) All work that has been rejected shall be corrected, or removed and replaced by the Contractor, at the City's direction. Any remedial work will be done in a manner acceptable to the City. The Contractor shall pay the remediation and/or removal and replacement costs. The Contractor must obtain written authorization to perform extra or unauthorized work prior to undertaking such work. The Contractor will not be compensated for any unauthorized work. In addition, the City may order the Contractor to remove, at the Contractor's expense, any extra or unauthorized work. (b) The Contractor must comply promptly with any order made by the City under the provisions of this article. If the Contractor fails to comply with the City's orders, the City may in its discretion cause defective work to be corrected by its own forces or by another contractor. The amount that the City paid to correct the defective work will be deducted from any monies due or to become due to the Contractor. Section 39. Errors or Discrepancies Noted by the Contractor (a) If the Contractor, either before commencing work or in the course of the work, finds any discrepancy between the contract, especially the plans, specifications, drawings, and boring logs, or between any of them and the physical conditions at the worksite, or finds any error or omission in any of the plans, specifications, drawings, boring logs, or in any survey, the Contractor shall promptly notify the City in writing of such discrepancy, error, or omission. If the Contractor observes that any plans, specifications, or - D-9 - drawings are at variance with any applicable law, ordinance, regulation, order or decree, Contractor shall promptly notify the City in writing of such deviation or conflict. (b) The City, upon receipt of such notice, shall promptly investigate the circumstances and give appropriate instruction to the Contractor consistent with Section 29. Until such instruction is given by the City Engineer, any work done by the Contractor, either directly or indirectly after its discovery of such error, discrepancy, omission, deviation or conflict, will be at the Contractor's own risk. The Contractor shall bear all costs arising from any work that incorporates such error, discrepancy, omission, deviation or conflict. Section 40. Equipment The Contractor shall furnish equipment and facilities to perform the work to the industry standard in accordance with the plans and specifications. Such equipment and facilities must be in a good state of repair, be maintained in such state during the progress of the work, and shall meet all requirements of applicable ordinances and laws. No worn or obsolete equipment shall be used, and in no case shall the manufacturer's rating of capacity for any equipment be exceeded. Article 5. MISCELLANEOUS Section 41. Damages for Delav (a) The Contractor acknowledges the City's desire that the project be completed on or before the date specified in the Contract. The Contractor also acknowledges that if its work is not completed on or before said date, the City will incur substantial damages that cannot be ascertained at this time. Accordingly, the Contractor shall pay to the City any and all damages caused by the Contractor's delay in completing the work under the Contract. (b) If the work is not completed in accordance with the foregoing, it is mutually agreed that the City will suffer damage, that it will be impractical and unfeasible to determine the amount of actual damage. Therefore, the Contractor will pay the City, as fixed and liquidated damages and not as a penalty, the sum of $1,500.00, for each and every calendar day of delay, and that the Contractor and its Surety will be liable for the amount thereof. The Contractor, however, will not be charged liquidated damages because of any delays in the completion of the work due to Force Majeure or acts of the City, acts of another Contractor in the performance of a Contract with the City, and without the fault or negligence of the Contractor. (c) The Contractor shall within ten (10) days from the beginning of any such delay (unless the City grants a further period of time prior to the date of final settlement of the Contract) notify the City in writing of the cause of delay. Upon notification of a delay, the City shall ascertain the facts and extent of the delay and extend the time for completing the work if in its sole discretion its findings justify such an extension. The City's findings shall be final and conclusive on the parties hereto. (d) The City shall have the right to extend the time for completion if it determines such extension to be in the City's best interest. If the City extends the time limit for completing the work by way of a change order at the request of the Contractor, and for other than Force Majeure, it is understood and agreed that such time extension will increase the City's expenses. These expenses include, but are not limited to, the costs associated with engineering, inspection, supervision, incidental and overhead expenses that are directly chargeable to the Contract and that accrue during the period of extension. Therefore, the Contractor acknowledges that the City shall be reimbursed for its expenses before the final payment of the ten percent (10%) retention is made. Section 42. Guarantee The Contractor guarantees all work against defective workmanship, and the materials furnished, for a period of one year from the date the City accepts the work in accordance with Section 3(c). The Contractor shall repair and replace any and all such defective work, together with any other work which may be - D-10 - displaced in so doing, at no cost to the City. The Contractor is not responsible for the repair or replacement of material damaged through ordinary wear and tear, usual abuse, or neglect. The City may proceed to repair or replace defective work and/or material if the Contractor fails to do so within a week after Contractor's receipt of written notice from the City. The Contractor agrees to pay the costs and charges the City incurs in repairing and replacing defective work and/or material upon demand. Section 43. Risk of Loss Prior to Final Acceptance Except as set forth hereinabove relating to Force Majeure, all risk of loss resulting from total or partial destruction of the work, or any part thereof, or any damage thereto, prior to final acceptance of the work by City, shall be borne by the Contractor regardless of the cause. The Contractor, at its sole cost, shall repair or replace such damaged or destroyed work to its prior undamaged condition before being entitled to additional progress payments, the final progress payment or payment of the retention. Such total or partial destruction or damage shall not excuse the Contractor from completion of the work in accordance with the provisions of this Contract. Section 44. Termination (a) Termination (Contractor's Default) (1) The Contractor will be in default if it does any of the following: (a) declares bankruptcy, becomes insolvent, or assigns its assets for the benefit of its creditors; (b) disregards or violates a material provision of the Contract or the City's instructions; (c) fails to prosecute the work according to the approved construction schedule; (d) fails to provide a qualified superintendent, representative, competent workers, or subcontractors; and/or (e) fails to provide materials or equipment that meets the requirements of the plans, specifications, and drawings. The City, will notify the Contractor in writing of such default. Upon receipt of written notice of default, the Contractor shall, at Contractor's expense, preserve at the project site, all construction materials and equipment, and shall undertake immediate steps to remedy such default. (2) If the Contractor fails to remedy such default within ten (10) calendar days after receipt of written notice of default, the City may, at its option, terminate the right to proceed with the work to which default has occurred or may terminate the Contract. Written notice will be provided to the Contractor, but not to the Contractor's sureties. Upon receipt of such written notice, the Contractor shall at its expense and for the work affected by any such termination: (i) assist the City in making an inventory of all material and equipment located at the site, enroute to the site, in storage or manufacture away from the site, and/or on order from suppliers; assign subcontracts, material and equipment supplier contracts, and equipment rental agreements to the City, as designated by the City; and remove from the site all construction material and equipment listed in said inventory other than the material and equipment which are to be used by the City in completing the Contract. (3) The City shall have the right to complete the work to which the termination applies. The Contractor agrees that the City shall have the right, for such purpose and for as long as necessary, to designate in writing, take possession of and use any or all of the material, plant, tools, equipment, supplies and property furnished by the Contractor. (4) The cost of completing such work, together with reasonable costs for administering any contract for completion, will be charged to the Contractor. The City will deduct these costs from the sum due or the sum that may become due to the Contractor. If these costs exceed the sum which would have been payable under the Contract, then the Contractor and/or its sureties shall be liable for and, upon written notice - D-11 - from the City, shall promptly pay the excess amount to the City. The City shall not be required to retain the bidder with the lowest estimate for completion of the work. The City may make any expenditures that, in its sole judgment, best accomplish the completion of the project. If such costs are less than the balance that would have been due, the Contractor shall have no claim to the difference. The City may, however, decide to reimburse the Contractor or the Contractor's sureties for costs incurred for materials, tools, equipment, property, and labor which were used in performing the work and of which the City shall have received the benefit. In computing the costs, as it relates to equipment owned by the Contractor, the salvage value at completion of the work shall be deducted from the depreciated value at the time the Contract was terminated. (b) Optional Termination of Contract by City (Contractor Not at Fault) City may terminate the Contract, without cause, upon ten (10) days written notice to the Contractor. In such a case, the Contractor shall have no claims against the City except for (1) the cost of the work performed up to the date the Contract is terminated, and (2) for the cost of materials and equipment at the site, in transit, or on definite commitment, as of the date the Contract is terminated, provided that such materials and equipment would be needed in the work and meet the requirements of the specifications. The cost of the work performed and the cost of materials and equipment, as mentioned above, shall be determined by the City in accordance with the procedure prescribed for making of a final progress payment as described in Section 3. Section 45. Standard Specifications The "Standard Specifications for Public Works Construction" (2003 Edition), published by Building News, Inc. is hereby incorporated by this reference and made a part hereof as though fully set forth at length. In the event, however, that said Standard Specifications are inconsistent with the terms of this Contract, including the Special Provisions attached hereto, then this Contract and the Special Provisions shall be deemed controlling. - D-12 - IN WITNESS WHEREOF the parties hereto have executed this Contract or caused it to be executed as of the day, month and year first above written. ATTEST: By d4l)alnuela Giron, Ci Cl rk APPROVED AS TO FORM: By Jef Harn City Attorney CITY OF VERNON By Leonis C. Malburg, C x�mnatrGy/I flll CONTRACTOR AES ENTERPRISES, INC. Name Linda itman Signature L� P4*76-1�� Title President / Secretary Name Robert)khiDdan Signature Title Vice President / Treasurer NOTE: The complete and proper legal name of the Contractor shall be set forth above. If the Contractor is a corporation, two signatures are required, as follows: (1) the chairman of the board, the president, or any vice- president, and (2) the corporate secretary, any assistant corporate secretary, the chief financial officer, or any assistant treasurer. If the bidder is a limited liability company, signatures are required of two members or managers unless otherwise provided in the company's articles of organization. If the bidder is a partnership, signatures are required of the partner or partners authorized to sign contracts on behalf of the partnership. - D-13 - CALIFORNIA ACKNOWLEDGMENT State of California ) ss. County of Contra Costa ) On 5- S- OW before me, Elizabeth Van Sandw k, Notary Public, personally appeared Robc4-r`j girw s�(-�^-� � , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) it/are subscribed to the within instrument and acknowledged to me that Ia¢s4e/they executed the same in Wmth-e-/their authorized capacity(ies), and that by his/A r/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. Iiununnuuuun„�amnumnmminuunmuiuiwixnunmumum ELIZOETH VAN SANDWYK COMM. # 1776769 NOTARY PUBLIC -CALIFORNIA CONTRA COSTA COUNTY My Comm. Exp. Nov.11, 2011 jE Signature: �muunununuuutnumunnuunummm�nmmuuu�iu�xuiuuxxxx® %rh, th Van Sandwyk Commission Expires: November 11, 2011 OPTIONA Description of Attached Document: Title or Type of Document: Q®w�r2-AGst' Document Date: iY J hN-r6.[7 Number of Pages: b t - I `3 Capacity(ies) Claimed by Signer: Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ' Right Thumbprint Of Signer E. BOND FORMS AND INSURANCE REQUIREMENTS Contractor shall provide the City with a Workers' Compensation Certificate in a form substantially similar to that shown herein. Both the Performance Bond and the Labor and Material Bond shall be provided on the forms enclosed herewith. A Sample Letter of Credit is also enclosed as a guide for a bidder's security. Insurance coverage shall be provided in the types and amounts shown on the Insurance Schedule. A copy of the policy or a notarized letter from the insurance underwriter or carrier verifying the coverage must be provided to the City in order to demonstrate proof of insurance. - E-1 - WORKERS' COMPENSATION CERTIFICATE The undersigned acknowledges that Section 3700 of the California Labor Code requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Labor Code. The undersigned agrees to comply with such provisions before commencing the performance of this Contract. CONTRACTOR AES ENTERPRISES, INC. Name Linda tma Signature A - Title President / Secretary Name Robert Whi an Signature Title Vice President / Treasurer NOTE: The complete and proper legal name of the Contractor shall be set forth above. If the Contractor is a corporation, two signatures are required, as follows: (1) the chairman of the board, the president, or any vice- president, and (2) the corporate secretary, any assistant corporate secretary, the chief financial officer, or any assistant treasurer. If the Contractor is a limited liability company, signatures are required of two members or managers unless otherwise provided in the company's articles of organization. If the Contractor is a partnership, signatures are required of the partner or partners authorized to sign contracts on behalf of the partnership. Workers' Compensation Certificate - 1 - E-2 - CALIFORNIA ACKNOWLEDGMENT State of California ) ss. County of Contra Costa ) On S`5 ` o<i5' before me, Elizabeth Van Sandwyk, Notary Public, personally appeared Roy34y-q W6kM!jPlwho 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{Ar /they executed the same in I4sy%er/their authorized capacity(ies), and that by h+s{�-/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: abeth Van SandvVyk Commission Expires: November 11, 2011 OPTIONAL Description of Attached Document: gluuunummlnnumllllELIZABlIETHnVAN ISANIDmN II II I COMM. # 1776769 � NOTARY PUBLIC - CALIFORNIA CONTRA COSTA COUNTY My Comm. Exp. Nov.11, 2011 �Illllllllllll lllltlllllllllllllllllllllllllllllllllAlllllllllllNln{INHNINIIHHNN Title or Type of Document: Lao" C►zt 4sm.P.,v oN Cc=,A-:T-t (=, a-AR-4— DocumentDate: &NO A-eLV Number of Pages: a (�, f-- Capacity(ies) Claimed by Signer: Signer's Name:. ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: General Right Thumbprint Of Signer ***ISSUED IN TRIPLICATE*** BOND #1000797236 PREMIUM: $3,855.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the CITY OF VERNON, a municipal corporation, by action on the 23RD day of APRIL 2008, has awarded to AES ENTERPRISES, INC. hereinafter designated as the "Principal", Contract No. 610 for CITYWIDE SEWER SYSTEM CLOSED CIRCUIT TELEVISION INSPECTION California; and in Los Angeles County, WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract; NOW, THEREFORE, we, the Principal and AMERICAN CONTRACTORS Surety, are held firmly bound unto the CITY OF VERNON hereinafter called the "Obligee," in the penal sum of ONE HUNDRED FORTY TWO** DOLLARS ($ 142 , 769.55 ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally and firmly by these presents. *INDEMNITY COMPANY **THOUSAND SEVEN HUNDRED SIXTY NINE AND 55/100----- THE CONDITION OF THIS OBLIGATION IS SUCH that if the abovebounden Principal, his heirs, executors, administrators, successors,or assigns shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in said Contract, and any alteration thereof made as therein provided, on his part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers and agents, as therein stipulated, this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the tenns of the Contract, or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation on this bond, and it does thereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work or to the specifications, and said Surety agrees that in case suit is brought on this bond, Surety will pay City's reasonable attorney's fees to be fixed by the court. Performance Bond - 1 - E-3 - IN WnNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by the Principal and Surety above named, on the 30TH day of APRIL 2008. Name AES ENTERPRISES, INC. (Principal) (Attach Acknowledgment) By. t J. Whitman, Vice President Name AMERICAN CONTRACTORS INDEMNITY COMANY (Surety) M By MATTEEW APPROVED AS TO FORM: Je . H son, City Attorney Performance Bond - 2 - E-4 - CALIFORNIA ACKNOWLEDGMENT State of California ) ss. County of Contra Costa ) On -5 S-acK before me, Elizabeth Van Sandwyk, Notary Public, personally appeared QLQ6RAs — 0 t+w-mA-fJ , who proved to me on the basis of satisfactory evidence to be the person( whose name(*) is/are subscribed to the within instrument and acknowledged to me that he/sue executed the same in his/ire teir authorized capacity(ies), and that by his/heir signature(s,) on the instrument the person(sr), 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. BIIIIIIIIIIIIIIIIIIIIIIIIN if IIINtIIIIIIIIII IINII I I I NIIIII I IIII IIIIIIII IIIIIIIIIIIIIIINI■ _ ELIZABETH VAN SANDWYK 1 COMM. # 1776769 NOTARY PUBLIC - CALIFORNIA CONTRA COSTA COUNTY = Signature: IlyCOMM. EXP. Nov. 11,2011 -It�11111111111IIIII IIII IIII II III I I II IIIII{III II IIIIIIIIIIIIIIIIIINIIHHIIIHIINNNIN ' abeth Van Sandwyk Commission Expires: November 11, 2011 OPTIONA Description of Attached Document: Title or Type of Document: P-�ZP- X,,V q- Document Date: �� � --'�o� Number of Pages: vj�o Capacity(ies) Claimed by Signer: Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Right Thumbprint Of Signer Signer Is Representing: I' CALIFORMA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of, Calif,)rnia Cotully of, SACRAMENTO On APRIL 30, 2008 hel"Orc ale. NHUNG IIONG NGUYEN, NOTARY PUBLIC -- — (I Icic insert lulow and lillc of lhv off well personally appearecl MATIIIEW J . BEERNAERT v1'ho proved to file on lh( basis of salis(cactory evidence to he the persoll(S) vvilose nanle(s) is/are SLIhSCI'IheCI t0 lhC within ilist ruIllelll "Ind ackilobvledoed to file that lle/She/the)' CXCCLIIed the Sallie 111 h(S/het'/thell' Ultl101'I%ed CapilCll)t(ICS). and that by I11S/het'/Ihcll' SI(1llfltLll'e(S) Oil the IllSll'Lllllclll tllC pel'SOII(S):, 01' the elltll)' Lll)011 bellalf Of which the person(s) acted, e\CCI.Ited Ilia' II1SH-1-1111el11. I certify under PENALTY OF' PLR.IUR1' under the IMMS Of the SLaLC c)f California that the f01'Cc011lt paraL�raph IS (l'LIC and correCl. NHUNG HONG NGUYEN �� Comm. # 1495152 WITNESS my h£IIICI and official seal. (� t��' ,� NOTARY PUBLIC•CALIFORNIA o � Sacramento County My Comm. Expires JUNE 17, 2008 r 1 - (wnttln• Beau Signalulc of volal_ yllublic ADDITIONAL OPTIONAL IN1I{ ORMATION DESCRIPTION Or THE ATTACHED DOCUMENT (Title of description of attached docull-10 (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (S) D Corporate Officer - (Title) Partners) C! Attorney -in -Pact C Trustee(s) C Othel' ll�'STIZUC"1'IUI�IS 1=U1: C'C>1v]PLI�'t71�IG'I'I-lIS I'�C)I�l)� ;In) ac•kwirledgmew completed ut Califcn•llicr must contain verbiage exacth as appears above in the moan section or a separntr acknowledgment (arm must be properly completed and attached to that document. The ode exc•eptintt is if a docrunew is to be recorded outside of California. In such instances. nor alternative acknowledgment verbiage as mar be printed on such a document so long as the verbiage does not require the notary to do something that is illegal fa' a notmy in Califo•nio (i.e. certfl.Wng the authori=ed capacity of the signet). Please check fire docrmnew carefrrll);for propermoan•ial wording and mach this fonn ifregnired. • Stale and County information must be the Slate and Caunll' \\'IlerC file document signer(s) personally appeared before the notary public for ackno+vledgmenl. • Date of notarization must be the date that file signer(s) peisonalll' appeared which must also be the sane elate the acknowledgment is completed. • The notary public must Prinl his of her name as it appears within his of liar commission followed by a comma and then your title (notary Iniblic). • Print the nanle(s) of docunlelll stiller(s) Who personally appear at the link of notarinl loll. • Indicate the correct singular or plural forms 1))• crossing off incorrect forms (i.e. helshcllfler'- is hire ) or cording the correct forms. Failure to correctly indicate this infoin)ation may lead to rejection of document recording. • The notary seal impression niusl be clear and photographically reproducible. Impression nuts) not cover teal or lines. If' seat impression smudges. re -seal if a sufficient area permits; otherwise complete a different actenowleclgn)cnl form. • Signature of the notary public must match file slgoaltae Oil file with the office of the count)' clerk. Additional nlfornlalion is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document,, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer; indicate the title (i.e. CEO. CFO, Secretary) • Securely attach this document to the signed document 2008 Version CA PA v 12.10.07 800-87 -986? w\wl•.NotaryClasses. Conl ***ISSUED IN TRIPLICATE*** BOND #1000797236 LABOR AND MATERIAL BONA PREMIUM: INCLUDED PORTION KNOW ALL MEN BY THESE PRESENTS; That IN PERFORMAN, WHEREAS, the City Council of the CITY OF VERNON, a municipal corporation, by action on the 23RD day of APRIL 2008, has awarded to AES ENTERPRISES, INC. , hereinafter designated as the "Principal," Contract No. 610 for CITYWIDE SEWER SYSTEM CLOSED CIRCUIT TELEVISION INSPECTION in Los Angeles County, California; and WHEREAS said Principal is required to furnish a bond in connection with said Contract providing that if said Principal or any of his subcontractors shall fail to pay for any materials, provisions, provender, or other supplies, or teams used, in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, we, the Principal and AMERICAN CONTRACTORS INDEMNITY COMPANY as Surety, are held and firmly bound unto the CITY OF VERNON in the penal sum of ONE HUNDRED FORTY TWO* DOLLARS ($ 142 , 769.55 ), lawfid money of the United States of America, for the payment of which sunk well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. *THOUSAND SEVEN HUNDRED SIXTY NINE AND 55/100------ THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall be fixed by the court, pursuant to Section 3181 of the California Civil Code. Labor and Material Bond -1 This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, and the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named on the 30TH day of APRIL 2008. Name AES ENTERPRISES, INC.. k (Principal) (Attach Acknowledgment) By E Robe . Whitman, Vice President Name AMERICAN CONTRACTORS INDEMNITY COMPANY (Surety) Im By V VKVVv �' MATTHEW J. BEERNAERT APPROVED AS TO FORM: (�k 41------�' — Jeff arris City Attorney (Attorney -in -fact) Labor and Material Bond - 2 - E-6 - CALIFORNIA ACKNOWLEDGMENT State of California ) ss. County of Contra Costa ) On -OK before me, Elizabeth Van Sandwyk, Notary Public, personally appeared W (+(T-n1AN , who proved to me on the basis of satisfactory evidence to be the person('S) whose name(,$) is/are subscribed to the within instrument and acknowledged to me that he/6he/+I-eey executed the same in his/fir authorized capacity(ies), and that by his/hQ signature(?) on the instrument the person(s), or the entity upon behalf of which the person(sp) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ®I III II III IIIIIIIII II II IIIIII I If I I I I I IIIII IIHI IIIII I I III IIIIIIN IIIIIIIIBIt ELIZABETH VAN SANIINIIIIIIIDVVYit� COMM. # 1776769 NOTARY PUBLIC -CALIFORNIA CONTRA COSTA COUNTY Signature:lnunuuununmmuulllanunmiltlni.EXP.Nov. Iiwl2011Ne beth Van Sandwy Commission Expires: November 11, 2011 OPTIONAL Description of Attached Document: Title or Type of Document: i W&P, K-L- i`1Q Document Date: _6O *�,RR-r 1..E-0cS Number of Pages: Capacity(ies) Claimed by Signer: Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: General Signer Is Representing: 1 Right Thumbprint Of Signer CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT StalC of, C,IIifclrni'l Co Li n 11' o f SACItAMIsNTO O)1 APRIL 30, 2008 before vile, NHUNG IION_G NGUYEN, NOTARY PUBLD (I few inscrl name lend 6111. of lh(• officer) personally appeared MAT1'HEW J. BEERNAEItT \•Vho proved to Isle oil the hasis of' Satis aclor' evidence to bC the I)CI-SOII(S) %A1110SC I1t1111e(S) IShIl-C SLIbSCI'Ihed to 111C vvithl11 I11S11'Lllllellt afld iIGkIl0\•V1GdgGd to Isle that Ile/She/llley eXeCLlteCl 111C Sf1111C ill hIS/hC'.I' hCiI' CILIt1l0I'IGC:CI wpacily(1es), and thal by IIIS/herhileir Slcllalllr'e(S) oil file InstI'ument the persoll(S). Of- the elltit)' 1_111011 behalf OI whiGil the pertioll(S) aCLGCI, eXeCLlteCl the illS11'LIIIICIII. I certify under I'LNAI_ "t' OF 1'LR.IUR1' under the IMMS of the State of, California that tile f01'e00111t para,.;raph IS (RI( 111(I COffeCt• NHUNG HON`G NGUYEN< �. • Comm. # 1495152 WITNESS Ill.)' hand and offieial Sell. M� �= NOTARY PUBLIC- CALIFORNIA UI o • Sacramento County )`/ My Comm, Expires JUNE 17, 2008 !7 OJntan Scal) Signature of, Ian 1'uhlic ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title of description ol-attached document) (Title or description ofatlached document continued) Number of Pages Document Date (Additional informa(ion) CAPACITY CLAIMED BY THE SIGNER ❑ hidiVj<jual (S) Corpol•ate Officer ("villa) Partller(s) C' Attorney in -Fact D. Trustee(S) C Other ll�'STRUC"h101�'S 1=OR C'UfVll'LF l'1tvG "hI IIS I.OhNI Aiii acknolrledgmeru completed Ill California nars7 contain verbiage caacill as appears above in the tomb• secant ar o sepm•aic acknowledgment form mast be properly canpleted and attached to that document. The only' es�cephon is if a doc•umenl is to be recorded outside q/California. In such mstoaces. ant' alternative oc•lramrledgment verbiage as nrgr be printed au such a clocrttrlenl so long as the verbiage aloes not require the nolary to do something that is illegal for a notary is California (i.e. cerli(,mg the alrllorred capaciq of the signet). Please check the documenl carefuNyfar)n-opel-aoianal wording and attach this%rin tfrequired. • State and Count' information must he the Slate and Cqunty ))'here the dOCLlilleill signer(s) personally appeared before the ootary public for ackriovlecignlcnl. • Bate of rlolarizitiorl rllmsl be the dale [flat the signet(s) Im-sollally appeared which plus[ also be the same dale the aclmols'Icclgnlcnl is completed. • The notan' public must print his of her name as it appears within his or her conmmission followed by a comma and then your title (nolary public). • Print the nanle(s) of Clocunient signer(s) who personally appear at the time of oritariza[loll. • Indicate the correct singular or plural forms by crossing off' incorrecl lirnls (i.e. lle!she/tflet- is /t+re ) or circling the correct forms. Failure to correctly indicate this infomlation may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression Most not cover lest or lines. If- seal impression smudges. re -seal if a sufficient area permits, otliciwise complete a diflercnl ackoosvledgnlcnl form. • Signature ofthe notary pIIbliC Most Match the Sigilalllrc oil File with the Office of the counts' clerk. Additional information is not required but could hell? to ensure this ackrioNvIedgmenl is viol misused or attached to a different document. Indicate title or type ofatlached dOeti111ei11, number of pages and dale. Indicate the capacit claimed by the signer. If the claimed capacity is a corporate officer: indicate the title 0.e CEO, CFO.. Secretary). • Secure))- attach this document to the signed document 2008 Version CA PA vI2.10.07800-Y73-98G> ss•osv.NolaryClasscs.com INSURANCE SCHEDULE (CONTRACTOR) Contractor shall provide proof of insurance, including but not limited to, a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): I. Coverage and Limits Bodily Injury Property Damage Hazards Each Person Each Accident Each Accident Automobile Liabilit Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Workers' Compensation $ Statutory Employers' Liability $1,000,000 per employer II. Liabili General Liability $1,000,000 $2,000,000 $1,000,000 Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (If Applicable) $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 Contractual Liability $1,000,000 $2,000,000 $1,000,000 Umbrella Liability $2,000,000 $2,000,000 $2,000,000 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds under the policy. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. 3. An endorsement providing coverage for all operations under this Agreement. 4. Such other endorsement as may be required by City. b. In addition to the above, the Contractor shall provide such further proof of insurance documentation as the City deems necessary. DOCUMENTATION REQUIRED • Certificate of Insurance from contractor's insurance agent; • Copy of insurance policy Declaration Page for General and Umbrella Liability; • Actual copies of any Endorsement; • Additional Insured Endorsement naming City as Additional Insured, Form CG 2010-1185 required; • Contractor's insurance package to include Endorsement appropriate to the project being undertaken on the City's behalf, • Copy of Schedule of Forms and Endorsements - E-7 - Pnliry Numhar• ACORDCERTIFICATE OF LIABILITY INSURANCE DAT/2MM 4912/2219008Dl PRODUCER Delta Valley Insurance Agency 9040 Brentwood Blvd. #C Brentwood, Ca. 94513 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone: (925) 634-9999 Fax: (925) 634-9980 INSURERS AFFORDING COVERAGE NAIC # INSURED AES Enterprises INSURERA:Hudson Specialty Insurance Co. INSURER BArch Insurance Company PO BOX 937 Brentwood, CA 94513 INSURER C: INSURER D:State Fund d INSURER E: BE Insurance THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L R ADD'L POLICY NUMBER POLICYEFFECTIVE POLICYEXPIRATION LIMITS A �/ X GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR FEC7001734 2/15/2008 2/15/2009 EACH OCCURRENCE $ 3 , 000 , 000 PREMISES Ea000urD $ 50,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 3, 00,000 GENERAL AGGREGATE $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO LOC POLICY X PRODUCTS - COMPIOP AGG $ 3, 000 , 000 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Comp/Coll $1000. CAT0101300 2/18/2008 2/18/2009 COMBINED SINGLE LIMIT (Ea accident) 1 00 $ 0,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ D EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER 1819471-2008 3/1/2008 3/1/2009 EACH OCCURRENCE $ AGGREGATE $ $ WC SL TU O R $ E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1 r 000 r 000 E.L. DISEASE -POLICY LIMIT $ 1, 000 , 000 DESCRI I N OF OPERATIONS / LO ATION ! V HHI¢LES /IEXCLUSIONS 'AD BY ENDORSEM EMT SPECIAL PROVISIONS Certificate Holder is Additional Insured per attacied� company form #FEI0104319E as respects pacts to General Project: Citywide Sewer System Inspection 10 day notice of cancellation for non payment of premium TE City of Vernon Community Services 6 Water Department 4305 Santa Fe Avenue Vernon, Ca. 90058 Fax: 323-826-1435 ACORD 25 (2001/08) Produced using Forms Boss Plus software. www.FormsBoss.com; Impressive Publishing 800-208-1977 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO LWL30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE roes a i nn Stella M. Bronstein 0 y/ © ACORD CORPORATION 1988 INSURANCEfm AUTOMATIC ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS Endorsement Number: . This endorsement, effective �-15-9,&attaches to and forms apart of. Policy Number FEC7001734 This endorsement changes the Policy. Please read it carefully, This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Persori or Organization: City of Vernon, its officers and employees Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured.' However, this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an Insured, but only with respect to that person's or organization's vicarious liability arising out of your ongoing operations performed for that insured. Project: FEI-0104-319-E � HUDSON Policy Number: FEC7001734 Coverage Parts Attached (indicated with "X'T Coverage Part Declarations Coverage Part Policy Type X Commercial General Liability Contractors Pollution Liability Professional Liability occurrence Form Occurrence Form Not covered X Limits of Insurance: Regardless of the number of Coverage Parts written under this Dolicv or 2oo11cah1P to anv nna ntltvirnnnro f' lnim Idh.,., hd A, 4 ronunon condition the limits of Insurance shown below apply once for the entirepolicy,-and not separatelyseparateiy for each Coverage Part. Applicable to Contractors Pollution Liability Coverage Part: $3,000,000 Damages Limit for Each Occurrence, Claim or Pollution Condition $3,000,000 General Aggregate Limit $3,000,000 Claims Expense Limit for Each Claim $3,000,000 Claims Expense Aggregate Limit Applicable to Professional Liability Coverage Part: Not Covered Damages Limit for Each Occurrence, Wrorigful Act or Claim Not Covered General Aggregate Limit Not Covered Claims Expense Limit for Each Claim Not Covered Claims Expense Aggregate Limit Applicable to Commercial General Liability Coverage Part: $3,000,000 General Aggregate Limit (Other Than Products -Completed Operations) $3,000,000 Products -Completed Operations Aggregate Limit $3,000,000 Personal and Advertising Injury Limit $3,000,000 Damages Limit for Each Occurrence or Claim $50,000 Fire Damage Limit (Any one Fire) $5,000 Medical Expense Limit (Any One Person) Deductible: Coverage Amount Type Commercial General Liability $5,000 See FEI-0104-317-E if CGL coverage applies Contractors Pollution Liability $5,000 per pollution condition Professional Liability Not Covered per wrongful act Retroactive Dates: Coverage Retroactive Date Commercial General Liability Not Applicable Contractors Pollution Liability Not Applicable Professional Liability Not Covered r 1 c1111U111 171-11CUU1lN Estimated Annual Gross Receipts: $2,996,000 Rate: Flat Minimum Policy Period Minimum Earned Premium: $7,876 & Deposit $31,503 Premium: Form of Business: FEI-0104-310-E &l HUDSON I Schedule of Forms and Endorsements Policy Number: FEC7001734 SCHEDULE i ne tollowing Corms and endorsements are made part of this policy: FEI-0104-309-E Declarations Page - Coverage Parts FEI-0104-310-E Declarations Page - Limits CG 00 01 12 04 Commercial General Liability Coverage -Occurrence Form FEI-0105-311-E Contractors Pollution Liability Form Occurrence FEI-0104-315-E Common Policy Conditions FEI-0104-316-E Nuclear Energy Liability Exclusion FEI-1106-317-E Deductible Liability Insurance Endorsement FEI-0104-319-E Automatic Additional Insured Owners, Lessees, or Contractors (This endorsement does not apply to the Professional Liability Coverage Part). FEI-0104-320-E Automatic Waiver of Subrogation (This endorsement does not apply to the Professional Liability Coverage Part) FEI-0104-322-E Notice of Loss Information FEI-0104-327-E Minimum Earned Premium Endorsement FEI-0505-405-E Transportation at Jobsite Endorsement FEI-0104-451-E Schedule of Forms and Endorsements FEI-0104-513-E Asbestos Amendment (Excludes claims arising out of products with asbestos) FEI-0104-514-E EIFS Exclusion FEI-0505-516-E Silica Containing Products Endorsement CG 00 67 03 05 Exclusion - Violation of Statutes that Govern E-Mails, Fax, Phone Calls CG 22 43 01 96 Exclusion - Engineers, Architects or Surveyors FEI-1205-510-E Mold and Mildew Exclusion FEI-0104-540-E Previously Reported Claims Endorsement FEI-0104-323-E Exclusion of Certified Acts of Terrorism CG 20 37 07 04 Additional Insured - Owners Lessees or Contractors - Completed Op's FEI-0104-326-E Service of Suit CALIFORNIA 2 California-2 State Surplus Lines Notice Attachment California Notice California State Surplus Lines Notice Attachment ':� VV-U i xv-� FEI-0104451-E CERTHOLDER COPY NB STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04-30-2008 GROUP: POLICY NUMBER: 1819471-2008 CERTIFICATE ID: 200 CERTIFICATE EXPIRES:03-01-2009 03-01-2008/03-01-2009 CITY OF VERNON NS JOB:CITYWIDE SEWER CLEAN & INSPECT COMMUNITY SERVICES & WATER DEPT 4305 S SANTA FE AVE VERNON CA 90058-1714 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. tTlIRIZEI REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - ROBERT WHITMAN V PRES TRES - EXCLUDED. ENDORSEMENT #1600 - LINDA WHITMAN PRIES SEC - EXCLUDED. ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 03-01-2006 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER AES ENTERPRISES INC NS PO BOX 937 BRENTWOOD CA 94513 [B11,NBj (REV.2-05) PRINTED : 04-30-2008 Dated: PROOF OF INSURANCE APPROVAL AS TO FORM Proof of the following insurance coverage has been received and approved as to form: (1) Contractual Liability. (2) Automobile Liability. (3) Worker's Compensation. (4) Employer's Liability. (5) General Liability. (6) Umbrella Liability. - E-8 - (BANK OR SAVINGS AND LOAN ASSOCIATION LETTERHEAD) Date: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Gentlemen: S A M P L E IRREVOCABLE LETTER OF CREDIT Contract No. Please consider this letter as an Irrevocable Letter of Credit pledging that in the amount of $ is/are deposited and guaranteed to insure the Contractor's faithful performance under Contract No. in lieu of withholding any funds due the Contractor under progress payments. In compliance with Part 5 (commencing with Section 22300) of Division 2 of the California Public Contract Code, we agree that the funds or other securities designated by this instrument shall become trust funds for the purposes set forth in this instrument. This instrument shall terminate upon formal acceptance by the City Council of the City of Vernon of the work performed by the Contractor under said Contract. Any claims under this Irrevocable Letter of Credit shall be presented in the following manner: The City's written statement, signed by the Director of Community Services, certifying that there has been loss, damage or liability resulting from the Contractor's duties and obligations under Contract, or from negligence, act or omission of the Contractor, its agents, servants and employees (such statement to be substantiated by an attached detailed report) in the amount of the accompanying sight draft on us and that the amount of this draft is therefore now due and payable. The above statement will be all that is required to certify the amount set forth under this Irrevocable Letter of Credit, dated this date, is due and payable to the City of Vernon pursuant to the above -stated Contract No. (Name of Bank or Savings and Loan Association) By President By Secretary ALL SIGNATURES MUST BE NOTARIZED Attach proper jurats • Securities as listed in Section 16430 of the Government Code, or bank or savings and loan certificates of deposit. - E-9 - F. SPECIAL PROVISIONS I. GENERAL Standard Specifications For the purpose of this contract, STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2006 Edition) and 2007 Supplemental shall apply. Examination Of Site The bidders must examine the site and judge at their own responsibility the location, physical conditions, and surroundings of the proposed work. Mobilization The cost of all preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the various project sites must be included in the various bid items, and no extra compensation will be paid to the contractor. Traffic Control The Contractor shall conduct its operations so as to cause the least possible obstruction and inconvenience to public traffic. The Contractor is hereby notified that all lights, signs, barricades, flagmen or other devices necessary to provide for public safety and convenience shall be furnished and maintained by the Contractor at its own expense. If necessary, the City will prohibit parking in work areas during construction on 48 hours notice. All signs shall be provided and posted by the Contractor. All signs, lights, and other warning devices used shall be in accordance with State of California Business and Transportation Agency Department of Public Works Traffic Manual. The cost for traffic control shall be included in the unit bid. item and no extra compensation will be paid to the Contractor. The Contractor shall channelize and detour traffic as necessary as per the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD). Schedule of Work Typical hours of operation for CCTV inspections is between 8 a.m. and 4 p.m. weekdays. However, inspections on arterial streets shall be done between 8:00 p.m. and 4:00 a.m. or on weekends. Arterials are Alameda Street, Santa Fe Avenue, Soto Street, Downey Road, Atlantic Boulevard, 26th Street, 37th Street, Bandini Boulevard, Leonis Boulevard, District Boulevard, Fruitland Avenue, Vernon Avenue and Slauson Avenue. F-1 A map of the City's Sewer System, which gives pipe diameters and manhole numbers, is included as Appendix "A" of this bid request. II. CLOSED CIRCUIT TELEVISION Equipment The closed circuit television camera (CCTV) used for this contract work shall be approved by the Director of Community Services and Water and shall conform to the following minimum requirements. The equipment shall have a rotating lens camera with articulating head. Each joint with a fault shall be scanned 360 degrees. The CCTV shall be specifically designed and constructed for sewer inspection. The CCTV shall be operative in one hundred percent (100%) humidity conditions. Focal distance shall be adjustable through a range from 6" (150 mm) to infinity. Lighting and CCTV quality shall be suitable to provide a clear, in focus picture of the entire periphery of the pipe for all conditions encountered during the work. Lighting for the CCTV shall minimize relative glare. The remote reading meter counter shall be accurate to one percent (1 %) over the length of the particular section being inspected. The CCTV, television monitor and other components of the color video system shall be capable of producing a minimum 350 line resolution. Televising Procedures The Contractor shall examine the sewer pipe to insure the passage of the camera through all the sewer prior to any televising. The camera operator shall slow or stop the camera at potential or actual imperfections in the sewer to obtain a high quality video image. Video survey for sewer shall be between manholes within the project. The Contractor shall videotape with narration the condition of the sewer pipe to show any and all structural deficiencies including but not limited to the following: 1. Cracks — Radial, longitudinal, spiral 2. Shattered, broken, collapsed or crushed pipe 3. Exposed aggregates and reinforcing bars if it is concrete. 4. Honey combed areas 5. Damaged construction joints 6. Deteriorated surfaces 7. Infiltrations 8. Root intrusions 9. Missing pieces 10. Offset joints 11. Open joints 12. Sags in pipeline 13. Pipe deflections F-2 14. Corrosion 15. Connections to lateral pipes The location of all deficiencies and lateral connections shall be shown by stationing with reference points. The Contractor shall provide the dimensions of all major structural deficiencies and provide supplemental photographs of such deficiencies. Where laterals enter the main sewer pipe, the lateral's exact station, pipe diameter and entry point into the main pipe (invert, springline or top of pipe) shall be recorded. Documentation of Televising The Contractor shall prepare a written report documenting the results of its investigation. The Contractor shall utilize the existing City sewer manhole numbering system in both televising and in written report. In this report, the Contractor shall place its emphasis on the deficiencies discovered during this investigation. Two copies of the recorded color video in digital format on DVDs and two copies of the written report shall be delivered to the Director of Community Services and Water not later than 15 working days after the completion of the investigation. The Director of Community Services and Water will review the DVDs and written report and notify the contractor if the recording and the written report are satisfactory. The following will be included: Video l . Report number 2. Use existing City sewer manhole numbering system. 3. Date of TV inspection 4. Upstream and downstream access hole or station numbers 5. Current distance along reach (tape counter measure) 6. Slope along reach as measured with a camera -mounted inclinometer 7. Printed labels on DVDs and DVD jewel cases with location information, date, format and other descriptive information Audio 1. Date of TV inspection 2. Confirmation of upstream and downstream access hole or station numbers 3. Description of pipe size, type and pipe joint length 4. Description and location of each defect 5. Description and location of each service connection Written Report 1. Date of TV inspection 2. Tape number 3. Line diagram showing the system layout being worked on, including location, size, type, length and slope of pipe 4. Direction of flow and measurement ("from" manhole/station number "to" manhole/station number) 5. Tape counter numbers (beginning and end) 6. Sketch showing the street and cross streets where the TV inspection was made 7. Description and location of each deficit F-3 8. Description and location of each service connection The cost for producing video, audio and written reports shall be included in the unit bid item and no extra compensation will be paid to the Contractor. Jetting and cleaning of blocked sewer main line During the video tapping process, if existing wastes, trash, debris, soil etc. obstruct a clear video or block the video camera's path, the Contractor shall stop videotaping and clean the sewer main line. The videotaped portion of the sewer main line before stopping shall be measured and paid by the unit price of Bid Item No. 1. Jetting and cleaning of sewer main line shall be measured from manhole to manhole and paid by the unit price of Bid Item No. 2. Safety Procedures Except to the extent that more explicit or more stringent requirements are stated herein, the Contractor shall comply with all applicable federal, State and local safety and health requirements and standards. Change in Work The Director of Community Services and Water reserves the right to add or delete footage as shown in the Bids. The Director of Community Services and Water or his representatives shall review completed reports and tapes and may inform the Contractor of any faulty methods or unsatisfactory results. Reports and tapes considered unsatisfactory shall be redone. All rework will be at the Contractor's expense and the Director of Community Services and Water shall be the sole judge as to the acceptability of the completed reports and tapes. Measurement Sewer main line video taping will be measured by the unit for each actual investigation and video survey of the entire length of the sewer main pipe and also for each stopped measurement during video tapping because of the video camera's path is blocked by wastes, trash, debris, soil etc. Each jetting and cleaning of sewer main line shall be measured from manhole to manhole. Rejected (CCTV) inspection due to poor taping will not be measured and paid. Payment The contract unit prices paid for sewer main line (CCTV) inspection shall include full compensation for furnishing all labor, materials, tools, equipment, sewer line cleaning as necessary to facilitate the video survey and inspection. Costs for doing all of the work involved in conducting the sewer main line video survey, including plans, reports and digital video, and traffic control, as specified in these special provisions, and as directed by the Director of Community Services and Water, will be included in the contract unit prices and no further compensation will be made by the City. F-4 G. APPENDIX "A" t The above inventory of VCP sewer line total 235,541 linear feet represent5entire City of Vernon. This project excludes portion of Fruitland Avenue (12" diameter for 2,926 linear feet) and portion of District Boulevard (15" diameter for 718 linear feet and 18" diameter for 2,316 linear feet). Therefore the balance for the project is 229,581 linear feet. OF VP - COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Mayor Leonis Malburg Jeff Harrison, City Attorney Nelly Giron, City Clerk Al FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: May 20, 2008 SUBJECT: CONTRACT NO.610 — CITYWIDE SEWER SYSTEM CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION Enclosed are Contract No. 610 documents, in triplicate. The Risk Manager has approved the insurance coverage and bond documents from AES Enterprises, Inc. Please sign where indicated, one original contract to be retained by the City Clerk and please return the two remaining original contracts to my office. Thanking you in advance for your attention to this request. SKW/ca Enclosures