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Resolution No. 96161 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. 9616 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ACCEPTING THE BID OF GENERAL PUMP COMPANY, INC. FOR THE DESTRUCTION OF WELL 18 IN ACCORDANCE WITH CONTRACT NO. 611 OF THE CITY OF VERNON AND APPROVING THE EXECUTION OF SAID CONTRACT WHEREAS, Contract No. 611 of the City of Vernon was approved by the City Council of the City of Vernon pursuant to Resolution No. 9571, and sealed bids were opened on April 30, 2008; and WHEREAS, said bids were referred to Samuel Kevin Wilson, Director of Community Services & Water, who has reported to the City Council under the date of May 5, 2008, recommending that Contract No. 611 for the Destruction of Well 18 be executed with General Pump Company, Inc. on the basis of its bid in the sum of Eighty -Three Thousand Three Hundred Twenty -Two Dollars and Forty Cents ($83,322.40), being the lowest responsible bid meeting the contract requirements. 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: The City Council of the City of Vernon does hereby award Contract No. 611 to General Pump Company, Inc. in accordance with the recommendation of Samuel Kevin Wilson, Director of Community Services & Water, and authorizes the Mayor or Mayor Pro-Tem to execute the Contract for, and on behalf of, the City of Vernon and the City Clerk is hereby authorized to attest thereto. 1 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 3: All other bids are rejected subject to execution of the contract and the City Treasurer is hereby directed to return to unsuccessful bidders any cashier or certified checks deposited with said bids upon the receipt of an executed contract from General Pump Company, Inc. accompanied by all required bonds and certificates. SECTION 4: 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 19th day of May, 2008. ATT ST: MANUELA GIRON, Ci y Clerk Name: Leonis C. Malburg Title: Mavor - 2 - 1 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 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9616, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, May 19, 2008, and thereafter duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) MANUELA GIRON, qity Clerk - 3 - CITY CLERK'S OFFICE INTER -OFFICE MEMORANDUM DATE: May 28, 2'008 TO: Samuel Kevin Wilson, Director of Community Services & Water FROM- Nelly Giron, City Clerk RE: Resolution No. 9616 - A Resolution of the City Council of the City of Vernon Accepting the Bid of General Pump Company, Inc. for the Destruction of Well 18 in Accordance With Contract No. 611 of the City of Vernon and Approving the Execution of Said Contract Transmitted herewith is a copy of Resolution No. 9616, referenced above, which was approved by City Council on May 19, 2008. NG:dr c: Resolution No. 9616 Contract No. 611 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: June 26, 2008 TO: Samuel Kevin Wilson, Director of Community Services & Water FROMf.'r Nelly Giron, City Clerk RE: Contract No. 611 - Destruction of Well 18 Transmitted herewith are two duplicate originals of the contract referenced above, approved by the City Council of the City of Vernon on May 19, 2008, through Resolution No. 9616. -If you have any questions, please let me know. Thank you. NG:dr c: Contract No. 611 Resolution No. 9616 CITY OF VERNON VERNON, CALIFORNIA DESTRUCTION OF WELL 18 CONTRACT NO.611 COMMUNITY SERVICES & WATER DEPARTMENT CITY OF VERNON 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. .......................... .................................... ....... ....... I ....... I ....... I .... ... License....................................................................................I.......................... B-1 4. Proposals............................................................................................................... B-1 B-1 5. Contract and Bonds............................................................................................................... B-2 6. Addenda 7. ............................................................................................................... Withdrawal of Bid............................................................................................................... B-2 8. Award or Rejection of Bids......................................................................................................... B-3 B-3 9. Bidders Interested in More Than One Bid 10. ...................................................:............................... Insurance and Financial Requirements B-3 11. ....................................................................................... Preliminary Estimate B-3 ............................................................................................................... B-3 12. Deductive Items............................................................................................................... 13. Tour of the Site............................................................................................................... B-3 14. Project Description............................................................................................................... B-4 B-4 15. Destruction of Well 18............................................................................................................... B-5 16. Project Map ....... ......................... ........................................................................ I...... B-6 C. BID FORM PROPOSAL TO THE CITY OF VERNON 1. Proposal............................................................................................................... C-1 2. Bid Prices 3. ....................................................I......... Materials C-2 ............................................................................................................... C-2 4. Subcontractors ............................................................................................................... C-3 5. Deposit of Security............................................................................................................... C-4 6. Bonds ............................................................................................................... C-4 7. Withdrawal 8. ...................................................................................:........................... Principals C-4 .......................................:.......:........................ C-4 9. License and Signature............................................................................................................... C-5 10. Bidder's Qualifications 11. .............................................................................................................. C-6 Contractor's Acknowledgement of Insurance Requirements..................................................... C-7 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 Specification_ s........................................................................... D-2 Section9. Assignment............................................................................................................... D-2 Section 10. Paragraph Headings....................................................................................................... D-3 Section 11. Authority of City's Representative................................................................................ D-3 H Page Article 2. WAGES, HOURS AND WORKING CONDITIONS .................................................... D-3 Section 12. General Prevailing Wages .......................................... D-3 ...................................................... Section13. Hours of Work.................................................................................................................. D-3 Section14. Apprentices.................................................................................................................. D-3 Section15. Subcontractors.................................................................................................................. D-3 Section16. Discrimination.................................................................................................................. D-4 Section17. Safety................................................................................................................. D-4 Section 18. Character of Workers........................................................................................................ D-4 Article 3. INSURANCE, INDEMNIFICATION AND BONDS .................................................... D-4 Section19. Insurance.................................................................................................................. D-4 Section20. Indemnification................................................................................................................. D-4 Section 21. Workers' Compensation.................................................................................................... D-4 Section 22. Labor and Material Bond.................................................................................................. D-5 Section23. Performance Bond............................................................................................................ D-5 Article4. PERFORMANCE............................................................................................................. D-5 Section24. Time for Completion........................................................................................................ D-5 Section25. Force Majeure.................................................................................................................. D-5 Section26. Utility Relocation.............................................................................................................. D-5 Section 27. Public Convenience......................................................................................................... D-6 Section28. Excavations.................................................................................................................. D-6 Section29. Extra Work Section30. .................................................................................................................. Clean-Up D-6 Section31. .................................................................................................................. Materials D-7 Section 32. .................................................................................................................. Permits and Licenses D-7 ........................................................................................................ D-8 Section 33. Land and Rights of Way...................................................................... .................... D-8 Section 34. Plans and Drawings.......................................................................................................... D-8 Section 35. Shop Drawings Submitted by the Contractor ........................ ...... ..................................... D-9 Section 36. Supervision by the Contractor.......................................................................................... D-9 Section37. Inspection Work of ........................................................................................................... D-10 Section 3 8. Correction of Defective and/or UnauthorizedWork .......................................................................................................... D-10 Section 39. Errors or Discrepancies Noted bythe Contractor.............................................................................................................. D-10 Section40. Equipment.................................................................................................................. D-10 Article5. MISCELLANEOUS......................................................................................................... D-11 Section41. Damages for Delay........................................................................................................... D-11 Section42. Guarantee.................................................................................................................. D-11 Section 43. Risk of Loss Prior to Final Acceptance............................................................................ D-11 Section44. Termination.................................................................................................................. D-12 Section 45. Standard Specifications.................................................................................................... D-13 IT Paize 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 Sample Irrevocable Letter of Credit.....................................................................................................E-9 F. WELL PERMIT APPLICATION.....................................................................................................F-1 G. WELL DESTRUCTION PLATE......................................................................................................G-1 H. STATEMENT IF INTENT TO COMPLY WITH MINIMUM REQUIREMENTS ....................H-1 OF STORMWATER PERMIT (APPENDIX B) a 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 April 30, 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. 611, Destruction of Well 18. 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. Bids shall conform to and be responsive to the requirements for Contract No. 611 and must be accompanied by a bid bond. The City Council of the City reserves the right to reject any and all bids. Copies of Contract No. 611 are on file and may be examined in the office of the City 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 $10.00 per set ($15.00 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. 611. 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 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. 611. 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. 611 if awarded the work. The check or the bid bond may be forfeited to the City if the successful bidder: (1) - B-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. 611, especially the specifications, 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. 611. 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. 611, Destruction of Well 18 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 fmds.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. 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. - B-2 - 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. 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. - B-3 - 13. Tour of the Site A tour of the site of the proposed work has been set for April 3, 2008 at 2:00 p.m. - The tour will start at the office of the Community Services & Water Department, City Hall, 4305 Santa Fe Avenue, Vernon, California. 14. Proiect Description Contract No. 611 involves the Destruction of Well 18, located at 2070 51" Street (APN 6308-016- 901) in the City of Vernon, State of California. The Destruction of Well 18 shall be performed in accordance with current California Department of Water Resources and City of Vernon specifications. • The Contractor will be solely responsible for the destruction of Well 18. The existing backup power generator and piping will be removed by the City of Vernon. • The Contractor will furnish all labor, equipment and materials and will perform all work described in this Contract. • Well 18 penetrates several aquifers and is contaminated. • The Contractor shall secure a well permit.from the City of Vernon Health Department prior to the commencement of the project (see page F-1). • The well and related production equipment shall be cleared of any obstructions that may cause potential contamination to groundwater supplies. • The Contractor shall prevent any discharge of waste materials, spills, residues, or wastewater from equipment cleaning, from the worksite into adjacent properties, the street, the storm water system or sewer system. This work shall be done in accordance with the attached City of Vernon minimum standards for stormwater runoff from construction activities. • The work site shall be kept orderly at all times. All safety techniques and procedures shall be in accordance with OSHA standards. • All storm water sumps and drains must be adequately sealed or protected for the duration of the project. • During periods when no work is being done on the well, such as overnight or while waiting for sealing material to set, the well and surrounding excavation, if any, shall be covered. The cover shall be sufficiently strong in order to prevent the introduction of foreign material into the well and to protect the public from a potentially hazardous situation. • The Contractor shall be responsible for proper disposal of materials removed from Well 18. • The Contractor can store equipment and/or machinery on the work site without prior approval. • If water from the well surfaces, it must be properly contained, tested and disposed of in accordance with City of Vernon and State of California requirements. • Upon completion of the work, the Contractor shall remove all debris and surplus materials from the work site. - B-4 - SEALING MATERIAL (NEAT CEMENT The neat cement mixture shall consist of 23 sacks (94 lbs. each) of type II_ Portland cement per cubic yard of material from 770' to 450' bgs, pressurized to a minimum of 40 psi and allowed to set. No aggregate shall be allowed. Approximately 7 gallons of water per sack of cement shall be added, with a minimum of 175 gallons per cubic yard allowed, as necessary to make the mixture more fluid for pumping. Care must be taken to avoid segregation of the cement by the addition of excessive quantities of water. The weight of the mixture shall be approximately 134 lbs/cu ft. In no case shall more than one hour elapse from the time of addition of water to the cement at the ready mix plant, to time of pumping the mixture into the well. WELL DESCRIPTION: • Date Drilled — 11-30-58 • Type of Drilling — Rotary Gravel Pack • Casing Size — 0-500' 16" — 5101-1,443' 12" • Perforated Intervals — 510'-1,36V 15. Destruction of Well 18 The specifications for the Destruction of Well 18 are detailed below. Please note that these specifications and procedures were based on an analytical review of this facility by Richard C. Slade & Associates. Copies of the video inspection and related inspection data from this review can be provided upon request. Please see the enclosed figure that depicts well conditions as they relate to local aquifers. Any deviation from procedures stated below must have approval from the City of Vernon Health Department. The project shall be performed in accordance with the following step sequence. • STEP 1: The well shall be video logged and reviewed by the City of Vernon prior to pursuing the following steps. • STEP 2: The well shall be filled with a 6 sack slurry, using a tremie, pipe to 770' bgs. • STEP 3: The casing shall be perforated from 770' bgs to 450 bgs and from 500'bgs to 470' bgs. • STEP 4: The well shall then be filled with neat cement from 770' bgs to 450' bgs and pressurized to a minimum of 40 psi and allowed to set. • STEP 5: The well shall then be filled to 200' bgs using minimum 6 sack slurry. • STEP 6: The casing shall then be perforated from 200' bgs to the bottom of the annual seal. • STEP 7: The well shall then be filled with neat cement to 5' to 6' below grade and pressurized to 40 psi for at least 30-minutes. • STEP 8: The casing shall be severed at 5' to 6' below grade. • STEP 9: The remaining unfilled casing shall then be filled with minimum 6 sack slurry. The seal shall terminate with a minimum l' thick mushroom cap. Note: Bids shall be based on the above methodology. An alternative bid may also be provided describing alternative methods of destroying Well 18. Alternative bids shall contain a detailed scope of work and will be reviewed to determine conformity with state standards. The City may in its sole discretion award the contract to a contractor providing a bid on an alternative methodology. - B-5 - 16. , Project Map Dim C. BID FORM PROPOSAL, TO THE CITY OF VERNON 1. Proposal WORK TO BE PERFORMED: Destruction of Well 18, Contract No 611 Name of Bidder: Business Address: Ark � e.a c / � � � �� � U� �l � �� Phone Number: Place of Residence: The site of the work to be performed and referred to herein is in the County of Los Angeles, California. The work to be performed will be in accordance with the specifications and Contract Documents of Contract No. 611. TO THE CITY COUNCIL OF THE CITY OF VERNON: Pursuant to and in compliance with the Notice Inviting Sealed Proposals (Bids) and other documents relating thereto, the undersigned bidder, having become familiar with the terms of the Contract, and the cost of the work at the place where the work is to be done, hereby proposes and agrees to perform the Contract within 90 calendar days after issuance of a "Notice to..Proceed" or commencement of work, whichever occurs first, including all of its component parts and everything required to be performed, and to provide and furnish any and all of the labor, material, tools, expendable equipment, and all utility and transportation services necessary in order to perform the Contract and complete in a workmanlike manner all of the work required as specified in Contract No. 611, all in strict conformity with the specifications and other Contract Documents, including Addenda Numbers , and on file in the office of the City Clerk. The undersigned, as bidder, declares that the only persons or parties interested in this proposal as,principals are those named herein, and that this proposal is made without collusion with any person, firm or corporation. The bidder proposes and agrees that if this proposal is accepted, the bidder will execute a Contract with the City that is in substantially the same form as the Contract set forth in the Contract Documents. - C -1 - 2. Bid Prices The undersigned, as bidder, agrees that the bidder will accept in full payment thereof the following lump sum - and unit prices, to wit: Perform all the work all in accordance with Specifications listed on pages B-5 and B-6 of Contract No. 611. The total bid price amount includes furnishing all labor, materials, equipment, mobilization, traffic control, disposal of all materials, permits, fees, overhead, profit and taxes associated with the Contract No. 611, the Destruction of Well 18, with all of the work completed in place in accordance with the Contract. Total Lump Sum Cost to Destroy Well 18 Per City of Vernon Methodology Lei'— , (words) -41.�O (figures) Alternative Bid Total Lump Sum to Destroy Well 18 Utilizing an Alternative Destruction Methodology. A detailed Scope of Work Describing the Alternative Methodology Shall Accompany this Bid. (words) (figures) 3. Materials The name and address of the manufacturer for each type of material upon which this proposal is based is as follows: 4. Subcontractors The bidder as general contractor hereby identifies the subcontractors on the job for -each particular - -- trade or subdivision of the work with each firm name and principal location of the mill, shop or office When the value of the work, labor or service performed is in excess of one-half of one percent of the total bid. The bidder agrees that there shall be no substitution of subcontracting except upon compliance with the "Subletting and Subcontractors Fair Practices Act" (Public Contract Code Sections 4100, et sue,), (Instruction: List only one subcontractor for each such portion,) DIVISION OF PRINCIPAL WORK OR TRADE NAME OF FIRM OR CORPORATION LOCATIOA), a / J �/ a,�L Garrfv-�- �fikrmt(J. (Ihid.n, CA C-3 S. Deposit of Securitv ACCOMPANYING THIS PROPOSAL is _ _!) ('J& (p � , "Cashier's (insert -the words Cashiers Check�� "Certified Check", or "Bidder's Bond") in an amount equal to _ten (10%) of the total of the bid, payable to or for the benefit of the City (as the case may be). The undersigned deposits the required security as a bid proposal guarantee and agrees that it shall be forfeited to the City as liquidated damages in case this bid proposal is accepted by the City, and the undersigned fails to execute the Contract. 6. Bonds The undersigned agrees to provide the City with a Performance Bond and Labor and Material Bond in the form set forth in the Contract Documents within seven (7) calendar days after the date of mailing of the acceptance. The surety will be one that the City finds acceptable. 7. Withdrawal The bidder acknowledges that it may withdraw its bid either personally or by a signed written . request any time prior to the scheduled time for opening of the bids. Once the bids are opened, the bidder agrees that its bid will not be withdrawn for a period of sixty (60) days after the time set for the opening thereof. 8. Principals The names of all persons interested in this Bid Proposal as principals are as follows: &&5, F (;- C-4 9. License and Signature The undersigned is licensed in accordance with California Business and Professions -Code License- - No. Name of bidder:/Y .44,h (. Fh A Signature of bidder Title: L Dated: r NOTE: The complete and proper legal name of the bidder shall be set forth above. If the bidder 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. C-5 10, Bidder's Qualifications The Bidder must have a minimum of five (5) years of experience as an ongoing business enterprise in the specific type of work indicated in the proposal. The following contracts which show experience in work of similar scope to that covered in the proposal and which have been satisfactorily completed in the past five (5) years are: YEAR NAME OF FIRM AND ENGINEER LOCATION CONTRACT AMOUNT kfiblli ,,��, r 1 r �..• 4 a F AID rR)lk l IO f tar U'-4 er ©0 1 /S V-7 The Bidder, as a contractor, has never failed to satisfactorily complete an awarded contract, except as follows: I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed at Zxt--b(`m a 5 1 U on this -,2?tf day of h r / 2008. Cer �lCr�1� 1.�1�i2c�rt' Signature Name(Q,emP�-a 5 �. . C-6 11. Contractor's Acknowledgement of Insurance Reguirements ' The Contractor acknowledges that the Insurance Schedule contained in section "E"has been reviewed, - required red therein will be submitted submitted thin th rty (30) days afternotification or broker, and that the proof of insurance copy thereofhas been q of the acceptance of the Contractor's bid. The Contractor understands that the Contract will not be executed by the City of Vernon until all proof of insurance have been received and approved as to form by the City Attorney, The Contractor agrees that failure to submit the required proof of insurance within said thirty (30) days shall constitute grounds at the City's discretion for awarding the Contract to the next lowest bidder and for forfeiting the Contractor's bid bond. Date: c Q Contractor Signature C-7 ACORD,_ CERTIFICATE OF LIABILITY INSURANCE 06/11//2007 PRODUCER (818)224-6100 FAX (818)224-6099 C. M. Meiers Company, Inc. 21045 Cal i fd 5t. #100 - Woodl and Hills,- CA 91367- - - - - 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. - - - - - INSURERS AFFORDING COVERAGE - NAIC # „tiJRED General Pump Company, Inc. 159 North Acacia Street San Dimas, CA 91773 I INSURERA-- Travelers Property Casualty INSURERS: State Compensation Fund 74 INSURERC: INSURER D: INSURER E: :"vFRQ[CFR 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 rypE OF INSURANCE POLICY NUMBER POLY EFFECTIVE 06/Ol/2007 POLICY EXPIRATION umn GENERALLIABILITY 660-507D0452-07 06/01/2008 EACHOCCURRENCE $ 19000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ 51000 A X Blanket 'Add' 1 Insu PERSONAL a ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICYPRO- JECT El LOC AUTOMOBILE LIABILITY 910-507DO452-07 06/01/2007 06/01/2008 COMBINED X ANY AUTO SINGLE LIMIT (Ea accident) $ 11000,000 BODILY INJURY ALL OWNED AUTOS A SCHEDULED AUTOS (Per person) $ X HIREDAUTOS X NON•OWNEDAUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ HANYAUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLAUABILITY PSM-CUPS07DO452-07 06/01/2007 06/01/2008 EACH OCCURRENCE $ 4,000,00 X OCCUR 1-1 CLAIMS MADE AGGREGATE $ 4,000,000 A $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND 859-8-06 06/01/2007 06/01/2008 X I WC STATU- oTH- EMPLOYERS, LUIBILITY -L EACH ACCIDENT $ 1,000,00 B ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? If yes, describe under E.L DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE- POLICY LIMIT $ 1,000,00 SEC SPIAL PROVISIONS below a� Property $1,070,000 Special Form, RC 1U0 s Pers Property 660-507DO452-07 06/01/2007 06/01/2008 $200,000 Special Form, RC e' $752,500 Special Form, RC DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS EVIDENCE OF INSURANCE COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRrrTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SH POSE NO OBLIGATION OR LIMILIlY OF AI�(Y XINp UPON THE INSURER, I; A= OR REPRESENTATIVES. INSURED'S RECORD ACORD 25 (2001108) OACORD CORPORATION 1988 GENERAL PWe coMpANy COMMERCIAL GENERAL LIABILITY P-660=507DO452�TIL-05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: 1. WHO ISt!I INSURED — (Section 11) is amended c) to In parson or organization you are re- quired ie as an additional Insured on this policy by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss far which cover- age Is sought. The person _pngartizatiton does not qual7y as an additional � with reaped to the independent acts or -:of such n or organteadon. The perm `tit" anization is only an additional hwured-with n to liability COMMERCIAL GENERAL LIABILITY COVERAGE PART C014ME CIAL GENERAL LIABILITY— CONTRACTORS COVERAGE PART This insurance does not apply to "bodily in - Jury" or "property damage" caused by "your work" included in the "products -completed operations hazard" union your are required to provide such coverage for the additional In- sured by a written contract or written agrees ment to effect during this poiloy period and signed and executed by you prior to the loss for which coverage Is sought and glen only for the pwbd of tmme required by such can - tract caused by "your woW forth additional insured. expiration agreement date a6o Orin in no event beyond of the policy. 2. The insurance prc*fded to the additional insured 3. Is =limited as follows: a) In the event that lire limits of liabEly stated ttJ the policy exceed the limits of liability regtdrect6,; by a written contract or written agreenme". 34 effect during this Policy period and signed and executed by you prior to the lass for which coverage is sough the irtstaance provided by this endorsement shall be limited to the 4. limits of liability required by such contract or agreement This endorsement shall not In- crease the limits stated in Section III -- LIMITS OF INSURANCE b) The insurance provided to the additional In- sured does not apply to "bodily Injury", "prop- erty damge", "personal Injury" or "advertising injury" arising out or an arciutecfs, engineer's or surveyor's rendering of or failure to render any professional services including I. The preparing, approving or failing to prepare or approve maps. shop drawings, opinions, reports, surveys. field orders, change orders, or drawings and speo fl- cations; and il. Supervisory or inspection activities per- formed as part of any related archUectural or engineering activities. Subpart (1)(0) of the Pollution exclusion under Paragraph 2.. Exclusions of Bodily injury and Property Damage Liability Coverage (Section I — Cmerages) does not apply to you N the "bodily tnjtay" or "property damage" arises out of "your work" performed an premlms which are owned or rented by the additional Insured at the time 'your woW is pertormed. Any coverage provided by this endorsement to an 1 addtiionA." d shall- be excess over any other valid sail xalr rie Insurance avalWe to the addfii hm"tred whether primary, excess, c:on- tirtgent c'rr':w`on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the lass for which coverage Is sought specifically requires that this osurance apply on a primary or non-confitbutor &Isis. When this in- stranca Is primary and ther`Is other insurance available to the additoona=tired, from any source, we will share with 04 other insurance by the method described In the policy. 5. As a condition of coverage, each additional Insured must a.) Give us prompt written notice of any "occ u rence" or offense which may result In a and. prompt written notice of "suit". CG D2 4810 02 Copyright, The Travelers Indemnity Company, 2002 Page 1 of 2 COMMERCIAL GENERAL LIABILITY- b.) Immediately forward all legal papers to us, cooperate In the Investigation or settlement of the claim or defense against the %utt," and otherwise comply with policy conditions. c.) Tender the defense and Indemnity of any claim or "suit" to any other insurer which also insures against a lass we cover under this endorsement. This Includes, but is not limited to, any Insurer which has Issued a policy of insurance in which the additional Insured qugll ies as an Insured. For purposes of ibis requirement, the term 'insures against" refers to any self-insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional Insured has actually requested that the insurer provide the additional Insured with a defense and/or Indemnity under that policy of insurance. d.) Agree to make available any other Insurance that the additional insured has for a loss we cover under this endorsement Pag" of 2 Copyright, The Travelers -Indemnity Company, 2002 CG •D2 4610 02 D. CONTRACT THIS CONTRACT FOR, Destruction of Well 18._Contract No. 611 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 6tivaa All 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 Progress 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 e 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) detailed Plans and Specifications, (7) Standard Specifications, 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 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 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 specifications, in an amount in excess of one-half of one percent of the Contractor's total bid. (2) The portion of the work to be done by each subcontractor identified in Section - D-3 - 15(b)(1). (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. Safety 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 - D-4 - shall include a waiver of subrogation endorsement naming the City, and its consultants, and each of its directors, officers, agents, and employees. 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 existing facilities and note them in the specifications. The City is responsible for the timely removal, relocation or protection of existing facilities located on the construction site, unless such utilities facilities are identified by the City in the specifications. The City shall pay the costs of removing or relocating utility facilities not identified in the 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 facilities, such as waterlines and 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'soperationshall 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. (d) The Contractor shall comply with all applicable State, County and City requirements for the closure of streets if necessary. 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 (a) Excavation Safety During the excavation of trenches five (5) feet or more in depth, the Contractor shall submit to the City, for its approval, a detailed plan showing the design of shoring, bracing, sloping, and other provisions to be made for worker protection from the hazard of caving ground. Said plan shall be at least as effective as that required by the Construction Safety Orders of the California Division of Industrial Safety. If the Contractor's plan varies from the shoring system standards established by said Safety Orders, the plan shall be prepared by a registered civil or structural engineer. (b) Closure At the close of each working day, the Contractor shall cover completely all open excavations with steel plates in accordance with normal practice in the industry and the rules, regulations, laws and ordinances of the State of California, the County of Los Angeles, and the City of Vernon. 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: - D-6 - (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 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% 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 r 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 - D-7 - 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) Storalze 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 darn aged. 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 - D-8 - 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 resu It 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. Section 35. Shop Drawings Submitted by the Contractor (a) No portion of the work requiring a shop drawing submittal shall be commenced until the submittal has been reviewed by the City and returned to the Contractor with a notation that the City has completed its review of the shop drawing. Shop drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are prepared by the Contractor or any subcontractor, manufacturer, supplier or distributor, and which illustrate some portion of the material or work. (b) The Contractor shall review, approve, and submit for review by the City's Representative shop drawings for material and equipment to be incorporated into the work.'Four copies of shop drawings shall be submitted to the City with a letter of transmittal listing the drawings submitted. Drawings shall show the name of the project, the name of the Contractor, and the names of suppliers, manufacturers, and subcontractors, if any. Shop drawings shall be submitted with promptness and in orderly sequence so as to cause no delay in progress of the work. (c) Shop drawings shall be complete. If the shop drawings show any deviation from the requirements of the plans and specification because of standard shop practices or other reasons, the deviations and the reasons therefore shall be set forth in the letter of transmittal. (d) By approving and submitting shop drawings, the Contractor represents that material, equipment and other work shown thereon conforms to the plans and specifications except for any deviation identified in the letter of transmittal. (e) Within ten (10) calendar days after receipt of the shop drawings, the City will return two prints of the drawings to the Contractor along with its comments. The Contractor shall resubmit corrected drawings, if the City has so requested. Resubmitted shop drawings shall be processed in the same manner as the original submittals. The Contractor's letter of transmittal accompanying its resubmitted shop drawings shall highlight the revisions requested by the City. (f) The City's Representative will review the shop drawings only for general conformance Nvith the design concept of the project and general compliance with the plans and specifications. The City's review of the shop drawings shall not be construed as relieving the Contractor of its responsibilities under the Contract, including but not limited to: (1) providing material and equipment; (2) ensuring the proper fitting and construction of the pipeline; (3) submitting accurate and complete shop drawings; (4) selecting proper fabrication processes and techniques; and (5) performing the work in a safe manner. 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 - D-9 - 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 CO1n111L1111Cat1O11 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 plaits. 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 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. - D-10 - 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 Delay (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. Accord im, I); - 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 SLIM 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 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 - D-11 - 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 wh ich 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 beer; payable under the Contract, then the Contractor and/or its sureties shall be liable for and, upon written notice 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 wort: 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. - D-12 - (b) Optional Termination of Contract by City (Contractor Not at Fault) 1 ` 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" (2008 Edition), published by Building News, Inc. is hereby incorporated by this reference and made a part hereof as though fully set forth at lenuth. In the event, however, that said Standard Specifications are inconsistent with the terms of this Contract No. 611, then this Contract shall be deemed controlling. - D-13 - MINUTES OF SPECIAL MEETING OF SHAREHOLDERS AND DIRECTORS OF- (.. GENERAL PUMP COMPANY, INC. A California Corporation A special meeting of the Shareholders and Directors of GENERAL PUMP COMPANY, INC., a California corporation, was held at 225 South Civic, Suite 2-14, Palm Springs, California, on February 21, 2003 at 10:00 a.m. The roll call was as follows: PRESENT: William M. Tweed ABSENT: None ALSO PRESENT: John T. Trevino The meeting was called to order by the President, William M. Tweed, who presided as Chairman and Secretary of the meeting. The President announced that the meeting was held pursuant to the provisions of the By -Laws. No objection being made, a reading of the minutes of the last meeting of the corporation was dispensed with and upon motion duly made, seconded and unanimously carried, the same were approved without reading. The President stated that the first order of business was to approve signing authority of Mr. William M. Tweed, as President and Secretary, or Michael G. Bodart, as Director of Engineering, or Geoffrey A. Bates, as Project Manager/Hydrogeologist, on bids, bid bonds and contracts to a maximum value of two million dollars each occurrence. Upon motion duly made, seconded and unanimously carried, the following resolution was adopted: RESOLVED, that the corporation approves the authority of William M. Tweed, Michael' G. Bodart and Geoffrey Bates as representatives of GENERAL PUMP COMPANY, INC., to sign bids, bid bonds and contracts up to a maximum of two million dollars each occurrence. The President stated that the corporation needed to purchase two new pick-up trucks for general business use. Upon motion duly made, seconded and unanimously carried, the following resolution was adopted: RESOLVED, that the corporation approves the purchase of two new pick-up trucks for general business use. There being no further business to come before the meeting, said meeting was adjourned. William M. Tweed, Chairman tATTEST: William M. Tweed, Secretary 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- Ma uela Giron, City erk APPROVED AS TO FORM: By Jeff is ,City Attorney CITY OF VERNON By L n-s C. Malburg, Mayo CONTRACTOR Name P - Signature Title [ er '( " Yl GY Name A t (- 91 Signature Title f �Y 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-14 - State of California County of Los Apaeles On dime h, 2(l(}R before me, Bonnie Brunel, Notary PLihlie Date Here InserT Nam and Title of The Officer personally appeared -Geoffrey A. Bates Name(s) of Signer(s) BONNIE BRUNEL Commission # 1514620 Notary Public - Callforn Los Angeles County My Comm. Expires Sep 20 2008 r who proved to me on the basis of satisfactory evidence to be the person whose nameA isAws subscribed to the within instrument and acknowledged to me that he/allwallllqvq executed the same in his&AmAkalt authorized capacityoww and that by him signature,() on the instrument the persono), or the entity upon behalf of which the personA 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. WITNES my d and offici (sea Place Notary Seal Above Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER .p ol thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER of thumb here .ccc ..tea �s .cc�a .c.< sca. s�ti State of California County of r es Angeles On June 6, 2nOR before me, Bonnie Bnunel, Nntary Pnhlic , Date Here Insert Nam and Title of the Officer personally appeared Michael Bodart Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(6) whose name(s) is/me subscribed to the within instrument and acknowledged to me that heft• executed the same in his/weir authorized }+�►r capacity( ), and that by hisAnsWoM signatureo) on the 1 BONNIE BRUNEL instrument the person(Al, or the entity upon behalf of Commission # 1514620 which the person,( acted, executed the instrument. z • "` Notary Public - California Los Angeles County I certify under PENALTY OF PERJURY under the laws My Comm. Expires Sep 2020p6 r of the State of California that the foregoing paragraph is true and correct. WITNES my h . d and official sea . Signature ` e Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Nal ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER O 11 1 �- - '• �1 �1 •1 - :11 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 Name -,--,e-V ' Signature Title o - _ i a %�J-- AA Name Signature Title ! /� i1b,I7 r-- 0 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. - E-2 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 1-0- 8 Angeles On June h, 2291 before me, Bonnie Bninel N�tary P 'oife , Date Here�lnsert Nam and Title of the Officer personally appeared Geoffrey A. Bates Name(s) of Signer(s) BONNIE BRUNEL COmmisslon # 1514620 Dui Notary Public - Calltornia Los Angeles County W Comm. Explres Sep 20, 2008 r Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personA whose name(4 is/soe subscribed to the within instrument and acknowledged to me that he/may executed the same in hisr authorized capacity(), and that by his/r signature(t) on the instrument the person(a'j, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE S my POAd and offic'�sel Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • El Trustee Top of thumb here El Guardian or Conservator ❑ Other: Signer Is Representing: O 11 1 �- •• .1 �1 •1 :11 State of California County of Los gcics On Tune 6r2 99 before me, Bonnie Brune}, Notary Puh}ic , Date Here Insert Nam and Title of the Officer personally appeared Michael Bodart Name(s) of Signer(s) BONNIE BRUNEL Commission # 1514620 Z Notary Public - Callfornla Los Angeles County My Comm. Expires Sep 20, 20M who proved to me on the basis of satisfactory evidence to be the person(,6'j whose name(s) Willies subscribed to the within instrument and acknowledged to me that helms+ executed the same in hiir authorized capacity(v), and that by hisl eir-signaturepo on the instrument the person(a'), or the entity upon behalf of which the person(eacted, 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. WITNE S my d and official s Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER �s�s�s�ti�:-.,,-.,<.�::�• �titi.�.�.�a•.�.-.�•-�a:� � �c�.�s:�tia-., _•<:�s�c:�<:�s�c�: r.: � �.�c:_.s:��-.,sue �: O ...1.- •• '1 •r •. :11: Bond No. 105022666 PE( RFOR'MANC:E BOND Premium $1 ,666.00 - KNOW ALL MF.N BY THESE MRSEN` S: That - - - ` WHEREAS, the City Council of CITY OP VERNON, h municipal corporation, by aotiou on the _.19th day of May _ 2008, has awarded to General Pump Company, Inc. hereinafter, designated as the "Principa.]" , Contract No. 611 for - Destruction of Well 18 - _ in Loft Angeles C6unty, California; a.tul WHF:ftEAS, Said Principal is required under the terms of' said Contract to furnish n bond'foi- the faithful performance of said Contract., Travelers Casualty and Surety NOW, THEREFORE., we, the Principal and Com an of America P �Y ..., as Surety, are held finely bound unto tile, CITY OF 'VERNON hereinafter culled the "Obligee," in the penal suin of Pihr?eyHundredT l w�n�yd Two & 40/100thsDOT LARS $g3,322.40 i lawful money of the United States of America, for the payment ofwhich sure 'wull and truly to be ttia.de, we bind ourselves, our heirs, executors, ,tdminisi.rittor's and successors, jointly and severally and firmly by these prosents. THE CONDITION OF THIS OBLIGATION 1S SUCH that if the abovebokinden Principal, his heirs, executors, administrators, successors or assigns shall in all things stand to and abide by, and well and truly keep and perform t.iu: covenants, conditions, and agreci:nents in said Contract, and any alteration thereof made as therein provided, oil his part to be kept and performed at the titu and in the: manner therein Specified, and in all respects according to their true intent and meanit>jti, and steal[ indemnify and s.,vc harmless the Obligcc, its officers and agents, as therchi stipulated, this obligation shall bei come rurll and ve:)Id: otherwise it shall be and retrain in fbll force and virtue. And the said Surety, for value, receivird, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be per.Cormed thcrounder, or the specific;t.tions accompanying the, stone, shall in any way affect its obligation oil this bond, and it does thereby waive, notice of any such ehange, extension of time, alteration of addition to the terms of the Contract, orto the work or to the specifics ions, and said Surety agrees that in case suit N brought on this bond, Surety will pay City's rc asonable ettorney's fees to be fixed by the court. Perfonnance Mond - I IN 'WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of whicll shztll for all IN be deemed _an original hereof; have been duly executed by the Principal and Surety above - - natnud, on the 3 rd day of June 2008. Name General Pump Company, Inc. (Principal) — �- (Attach Acknowledgment) BY Name Travelers Casualty and Surety Company of America (surety) -. 41 By By P. Bauer, Attorney in Fact (Attorney-in-facl.) APPROVED AS TC7 YOjtPvI dL Jc rri. n, C'ity Attoritcy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County Of Los Angeles On 673-08 before me, Gail Kelch, Notary Public Date Here Insert Name and Title of 1heOHlcer - - " personally appeared P. Bauer Name(.) of signer(.) who proved to me on the basis of satisfactory evidence to be the person(t) whose name(g) isM6 subscribed to the within instrument and acknowledged to me that GAIL KELCH MWshe/t (executed the same in 65Wher/tMit authorized ac't Commission # 1683632 ca p ty(k)*, and that by Mher/1'Mdt signature( on the Notory Public - Califomla instrument the person(g), or the entity 'upon behalf of Los Angeles County which the person(#) acted, executed the instrument. Comm. Expires Aug 21, 2010 My certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha and official seal. Place Notary seal Above Signature .� Sig alureof Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by SigIner(s) Signer's Name: Signer's Name: D Individual D Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer —Title(.): - ❑ Partner = ❑Limited D Generaf ❑ Attorney in Fact El Partner — ❑Limited ❑ General e � a ' - ❑ Trustee Top of thumb here ❑Attorney in Fact D Trustee Top of thumb here D Guardian or Conservator ❑ Guardian or Conservator ElOther: ❑Other. Signer Is Representing; Signer Is Representing; 02007 National Notary Association • 9350 Desoto Ave„ P.O. Box 2402 • Chatsworth,.CA 91313-2402 • www.NationaiNotaryorg - Item #5907. Reorder: Call Toll -Free 1.800-876.6827 CALIFORNIA•ACKNOWLEDGMENT State of California County of 1-99 Angeles On _June 62OOR before me, Ronnie Rn�nel_ N(�taarv�Pu liC , Date Here'Insert Na' N of the Officer personally appeared Geoffrey A. Bates Name(s) of Signer(s) BONNIE BRUNEL Commission # 1514620 Notary Public - California Los Angeles County 41MV Comm. Expires Sep 20.2008 who proved to me on the basis of satisfactory evidence to be the person(4 whose name(p) isiane subscribed to the within instrument and acknowledged to me that he/fir executed the same in hisAwallimsir authorized capacity(*), and that by his/signature(s) on the instrument the person(a, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES „m4hq d and offi ial seal Signatur ' `e Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact - • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: 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 O 11 1 • - ' • C • 1 • 1 •1 : 11 : Bond No. 105022311 LABOR AND MATERIAL BOND Premium included in FP Bond KNOW ALL MEN RY THES13 PRESENTS: neat WHEREAS, the City Council of the CITY OF' VERNON, a municipal corporation, by action oil the 19th day of May' 2008, has awarded to General Pump Company, Inc. hereinafter designated as the "Principal," Contract No. 611 for Destruction of Well 18 in Los Angeles County, California; and WHEREAS said Principal is required to furnish a bond ill eontloction with Said Contract providim'. that if said Principal or any of his subcontractors shall fail to pay for any materials, provisions, provender. ur Other supplies, or tearns used iti, upon, for or about tile per#orrniuice of the work contracted to be done, or f il:, 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 Travelers Casualty and Surety Company of America �i ghty TKre ttausand as Surety, are lield and firmly bound unto the CTTY OF VI:RNON in the penal sum of T#Fee-Hurd Twenty Two & 40/100ths 1)ULT..AR,S ($ 83,322.40 —), lawful money of the United States of America, for the payment of which ruin well and truly to be made, we bind ourselves, i ur 110i.rs, executors, administrators, and successors, jointly and severally, firmly by these presents. T141i CONDITION OF'I'HiS OBLIGATION 1S SUCH that if said Principal, his subcontractors, heirs, executors, ;I(Iministn3tor:s, successors, or a. signs, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about thu performance of the work contracted t.o be done, or for work or labor thereon of uiy kind, or fail to pay any of the llersons named in California Civil Code Section 3181, or amounts due undor the Unetliployment lnsurancc: Code with respect to work or labor perfortned by any such claimant, or fur any amounts required to be deducted, withheld,and d paid over to the Fra.tichise Tax Board frorn the wagos of employees of thi; Contractor and his subcontractors pursuant to Section 18663 of thc; Revenue and Taxation Code with respect to such work arid 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 hereinabovc set forth, and also will pay, in case suitis 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 - I - E-5 - This bond shall inure to the benefit of any of the persons maned in Section 3181 of the California Civil Code, so as to give -a right of action _to_them__ot• their assigns -in any suit brought -upon this bond, alid 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 rn- io the specifications. IN WITNESS WHEREpF, three (3) identical counterparts of this instrument each of which shall for all Purposes be deemed an original thereof, have been dilly executed by the Principal and Surety above named on the 3rd day of .rune 200$. Nanic General Pump Company, Inc. (Principal) (Attach Acknowledgment)�'-- Name Trovelers Casualty and Surety Company of America (Surety) by By P. Bauer, Attorney in Fact (Attorney -in -fact) — APPROWT) AS TO FORM. J4..' J1, tyAttorney -- �. Labor and Material Bond - 2 - R-6 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County Of Los Angeles r On 6-3-08 before me ' Gail Ketch, Notary Public Date - Here Insert Name and Title of the Officer ' - personally appeared ' P. Bauer Name(s) of slgner(s) who proved to me on the basis of satisfactory evidence to be the person(Z) whose name(g) is/*6 subscribed to the within instrument and acknowledged to me that . she/*Wexecuted the same in hWher/tWit authorized GAIT KELCH ' capacity(kM, and that by Mt,/her/#Qi9signature(89 on the • Commission # 1683632 Nototy public Colitornia instrument, the person(a), or the entity upon behalf of - Los Moes County , which the person( acted, executed the instrument. `. Cotlr+n21, 2010 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han and of seal. r ( Place Notary Seal Above Signature r- - - - - .Signature of -Notary -Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. - Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: - ❑ Individual Signer's Name: ❑ Corporate Officer— Title(s): ❑Individual ❑ Partner -= ❑ Limited ❑General ❑ Corporate Officer— Title(s): ❑ Attorney in Fact ❑Partner -- ❑Limited ❑ General ❑ Trustee Top of thumb here 0 Attorney in Fact ❑ Guardian or Conservator ❑Trustee Top of thumb Here ❑ Other: ElGuardian or Conservator ❑ Other. Signer is Representing: - Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave„ P.O. Box 2402 • chatsworth,.CA 91313-2402 • w ( - _ww.NationalNot aryotg Item#5907 Reorder Call Toll-Free7.800-876.6827 - - IS INVALID WITHOUT THE RED BORDER TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 216350 Certificate No. n 0 1 4 7 3 8 5 9 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Richard Adair, Gail Kelch, Patricia L. Rowley, and P. Bauer of the City of Glendale , State of California , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their, business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitied in any -actions or proceedings allowed by law. Cq IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 26th day of February 2007 _ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company - ' St. Paul Mercury Insurance Company Fidelity and Guaranty insurallce'Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company GASU,��T 0. $tIR£jy Jy FiRE��4u c4 *~W IM.i .••••��1% SUq 024JP..... ....... 9,y ib y FN,a �/,� !� Y 9�. * �' y'A` � Oes fib'•.. .:1! 0°d�;SEAL.s} ;,,Oi° 6� M,r ,%` gvnO! State of Connecticut City of Hartford ss. By: Georg Thompson, & ce President On this the 26th day of February 2007 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. fo In Witness Whereof, I hereunto set my hand and official seal.:i W w� 0,My Commission expires the 30th day of June, 2011. O Marie C. Tetreault, Notary Public ;'j 58440-8-06 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 411 c�S!�a:;:�.� �.'S S S!s�g • . v�S '. 'S;z� t- q�c�.'4.•,�_�_'A"I A.. —1. State of California County of Los Angeles On Tune h, 298 before me, Bonnie Brunel, Notary Public , Date Here Insert Nam and Title of the Officer personally appeared Geoffrey A. Bates Name(s) of Signer(s) BONNIE BRUNEL Commission # 1514620 Notary Public - Calliomla Los Angeles County My Comm. Expires Sep 20, 2008 who proved to me on the basis of satisfactory evidence to be the person (,e) whose name(d) isfine subscribed to the within instrument and acknowledged to me that he/ , executed the same in his r authorized capacity(jo*, and that by his/r signature() on the instrument the person(,, or the entity upon behalf of which the personal 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 nd and offi 'al se Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 INSURANCE SCHEDULE (CONTRACTOR) ontractor s a 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): L Coverage and Limits Hazards Automobile Liabilit Bodily Injury Each Person Each Accident Owned Automobiles $ 500,000 $1,000,000 Hired Automobiles $ 500,000 $1,000,000 Non -Owned Automobiles $ 500,000 $1,000,000 Workers' Compensation $ Statutory Employers' Liability $1 non 000 per e lour Property ert Damage Each Accident $ 500,000 $ 500,000 $ 500,000 II. Liability 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 non non $2 - - - 000 $1,000,000 Umbrella Liability $2 000 non $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 - PROOF OF INSURANCE APPROVAL AS TO FORM f 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. Dated: y= J r ison, City Attorney - 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. WELL PERMIT APPLICATION WELL PERMIT APPLICATION PRODUCTION WELLS pp Na DAT1�s"—"" CirY OF VERNON MMONMENPAL HEALTH DEPARTMENT a 4305 S. SANTA FE AVL, VERNON CA 90058 (323) 583.8811 FAX (323) 588-4320 RIM. NEWWEW-CONSTRUCnON CI PRIVATEDUMF I7C-------[]_PUBLICDOMZtBTiC--RECQNS'IYtUCTIONORRENOVAT(ON - ---- - 13 IRRIGATION PECOMMMONING , [] SmsII Cmmualty Side+tu3 OTHER: 1p 3 iINDUSTRIAL GRAVEL PACK 13 >� Canmaalh Synew OTHER �t eft) r WELL I.D. NO. t Nam Address City, State Z Code Telephone Name Address City / Zip Telephone r C-57 License No. Type / Size of Casing S anitary seal Material Depth of Sanitary Seal WELL DEPTH : I GPS Coordinatest I hereby agree .to comply in every respect with all the regulations of the City of Vernon Environmental Health Department and with all regulations of the State of California pertaining to well construction, reconstruction and . decommissioning, Upon completion of the well and within thirty days thereafter, f will furnish the Environmental Health Department with a completion log of the well giving date drilled, depth of the well, perforations in the casing, and any other data deemed necessary by City of Vernon Environmental Health Department; Aypllcaat Nam ( Tdel►htnrot . a�6'd�awaWx�tal3a ipamtt Company Contact person Address City, State Zip Telephone This application must include three (3) cm es of each of the following: ❑ Area map showing setbacks to neighboring properties and streets ❑ Site plan showing well location and setbacks to permanent structures ❑ Detailed construction, repair, or decommissioning plans ❑ Cross section of well instaflation / structure WORK ]PLAN APPROVAL tea` t..v.>kit�iee Date REM Conditions: 1 If the well and geologic conditions encountered in the Geld an found to differ from the scope of work presented to this office, work plan modifications may be required. 2 This Department must be notified 3 working days prior to the start of construction or any wen sealing activities, 3 This permit Is considered complete only after a final inspection has been done and a well log has been recefve4 and approved by this Department. Other conditions and comments: FINAL INSPECTION Dane Rh)FIS N ,!�"p...... T ka mast Iie tmbtMltttd to ddt but Iftlbk''io Wwnre bt fitatlael+�prbinl Date 1Z G. WELL DESTRUCTION PLATE Ground surface Estimated Well head sample Aqu_ifer_Depths _ _ _ TCE-3.5, POE-1.8,_DCA-0.8___ �— Estimated annular seal - 50' bgs 75' - 250' Well Casing Gaspur and Exposition Annular space / gravel pack Aquifers < Static water level 211' bgs 300' - 350, Gage Aquifer 400' - 450, Hollydale Aquifer 550' - 650' Lynwood Aquifer 700' - 850' Silverado Aquifer 1000' -1440' 5unnyside Aquifer 518' bgs - depth of first perforations T-A518'- 650' bgs Approx. 69% - 79% of contaminants entering this zone 650' bgs - TCE-2.7, PCE-9.6, DCA-0.6. 720' bgs - TCE-2.0, PCE-7.5, DCA-0.5 830' bgs - TCE-1.6, PCE-5.0, DCA-0.0 960' bgs - TCE-1.3, PCE-0.0, DCA-0 WELL NO.18 WELL DESTRUCTION — G1. H. STATEMENT OF INTENT TO COMPLY WITH MINIMUM REQUIREMENTS OF STORMWATER PERMIT Statement of Intent to Comply with Minimum Re urreme .AppendIX 0 q nts of stormWater Permit ,CrTY �� aN DEPARTMENT OF COMMUNITY SERVICES Statement of Intent to Comply with Minimum Requirements of Stortnwater Permit Permit Number; Date: Applicant: Project Address: Property owner: ---------------- Contractor:eyeif r � -- Contractor's Address: /6 29 .4f • i p iI n "j g lw tog s 'n -The National Pollutant discharge Elimination System (NPDFS) is a portion of the Clean Water Act that aPPu� the protection ofreceiving waters. (finder permits from the Us Angeles Regional Water Quality Control poard (RWQCB), certain activities are subject to RWQCB enforcement, To meet the standards of the Los Angeles County Municipal Stormwater Permit (CAS614001), the City of Vernon has adopted minimum standards fot stormwater runoff from development construction activities; These minimum standards include requ'uements for erosion control, sediment control, and construction activity control to be implemented at each site. At a minimum, the construction activity associated with the construction project identified above shall be conductedin such a manner that Sediments from disturbed soils shall be retained on site to the maximum extent practicable through the use of structural sediment controls; and Erosion of disturbed soil shall be minimized to the maximum extent practicable through the use of soil stabilization materials and procedures; and All construction wastes shall be managed in such away that no wastes are either directly or, -indirectly discharged 'to the stoma drain;• and All concrete trucks will wash out toa' contained area to prevent the discharge of concrete truck rinse water from entering the storm drain. man I have read and understand the requirements listed above and certify that I will comply with the nun mum requirrements above. Signature: Vrint.Natne: . Date: 06/08/99 6:54 AM CAKennedy1WPDBS1M1nimutn BHP Certification.doc 11 1 -CERTIFICATE -OF LIABILITY -INSURANCE - -- - DA /20008- )ODUCER (818) 224-6100 FAX: (818) 224-6099 �. N. Majors Company, Inc. 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 21045 Califs St. #100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Woodland Sills CA 91367 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA;Travelers 25mrty INSURER B. Santa CEMennation Fund 74 General Pump Company, Inc. INSURER 159 North Acacia Street INSURER D: INSURERS: San Dime CA 91773 DOVERAGES 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. kTE LIMITS SHOM MAY HAVE BEE 4 REDUCED BY PAID CLAIM& INSR ADDL TYPE OF INSURANCE POLICY NUMBER POLICY DATEIMDWfflEFFECTIVE POLICY EXPIRATION UMW A GENERAL LIABILITYEACH COMMERCIAL GENERAL LIABILITY CLAMSMADE OCCUR 660-507DO452-08 6/1/2008 6/1/2009 OCCURRENCES 11000, 000 DAMAGETORENTED SESIEaooeu S 100, 000 MED EXP Mow one IMUMd S 5,000 INJURY S 1,000,000 GENERAL ATE S 2,000,000 GEMLAGGREGATE LIMIT APPLIES PER: S 2,000,000 P PRO-ECT LOC AUTOMOBILE LIABILITY X ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (POT Ders-) $ A ALL OWNED AUTOS SCHEDULED AUTOS 810-507DO452-08 6/1/2008 G/1/2009 HIRED AUTOS NON-OWNEO AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN AUTOONLY: AGGS ANY AUTO EXCFSSIUMBRELLA UABiLITY OCCUR CLAIMS MADE 4,000,000 AGGREGATE $ 41000,000 S S A DEDUCTIBLE PSM-CUPS07DO452-08 6/l/2008 6/1/2009 X RETENTION 8 o $ WORKERS COMPENSATION AND C STA r OTH E.L. EACH ACCIDENr $ 1,000,000 EMPLOYERS' LIABILITY ANY PROPRIETORrPARTNERIEXECUTIVE OFFICERWMBEREXCLUDED? 959-8-07 6/1/2008 6/l/2009 E.L. DISEASE - EAEW 41 1,000,000 LIMIT 1,000,000 It yes, deacdbe under belowPOLICY OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT's The City of Vernon, its officers, and employees are named as Additional Insured as respects operations Of the Named Insured per the attached ca D2 46 08 05. *10 Days for Non -Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Vernon EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL X 6VA1fMYOXMAIL C Attn: Risk Management *30 DAYS wFinuN NOTICE TO Tm CERTIFICATE BOLDER NAMED TO THE LEFT, 4305 Santa Fe Avenue Vernon, CA 90058 A R ACORD 25 (2001/08) D ACORD CORPORATION 1988 INS026 (mospea Page I or 2 POLICY NO. 660-507DO452-08 C(, ,MERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 11. WHO IS AN INSURED - (Section II) is amended to include any person or organization that you agree in a "written contract requiring Insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) if, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III - Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: L The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. :) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional Insured, and then the insurance provided to the -additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 0 2005 The St. Paul Travelers Companies, Inc. 006806 Page 1 of 2 COMMERCIAL GENERAL LIABIU , Y I. How, when and where the 'occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and III. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional Insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional Insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CO D2 46 08 06 This page is part of your document - DO NOT DISCARD - `,a,o, : 20081923880 Pages: 004 �4ro� IIII III II III I I I IIII IIII II II I IIII III Recorded/Filed in Official Records Fee: 0.00 Recorder's Office, Los Angeles County, California----- Tax: 0.00 Other: 0.00 10/30/08 AT 08:01AM Total: 0.00 2412734 200810290250066 Mail TITLE(S) : 1111�INd��911RI�III�IWInN�I Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown E182731 THIS FORM IS NOT TO BE DUPLICATED - RECOF. rOING REQUESTED BY: WAEN RECORDED MAIL TO: 10/30/08 r l Name NELLY GIRON 4� Address city SANTA FE AVENUE 20081923880 city VERNON State CA Zip 90058 L J Sprder's use ace above this line for.reco NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is O The Owner 0 a Corporate Officer of the Owner X an Agent of the Owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the owner is: CITY OF VERNON 3. The full address of the owner is: 4305 SANTA FE AVENUE, VERNON, CA 90058 4. If the undersigned is not the owner, full name and title of the undersigned is: MANUELA GIRON, CITY CLERK 5. The nature of the interest or estate of the owner is: H%6/ MUNICIPAL CORPORATION IF OTHER THAN FEE, STRIKE "IN FEE" AND INSERT, FOR EXAMPLE, "PURCHASER UNDER CONTRACT OF PURCHASE." Oil "LESSEE" _.6. T_he_full_names._and_full_addrP-,GP.-, of all._per-qQns,_t-an.yr,who holrl.title,_interest or estate with the owner named above such as joint tenants or as tenants in common are: NAMES ADDRESSES 7. The full names and full addresses of the predecessors in interest of the owner named above, if the property was transferred subsequent to the commencement of the work or improvements herein referred to, are: NAMES ADDRESSES 8. The nature of the improvements to the real property PUBLIC WORKS CONTRACT NO. 611 9. A work of improvement on the property hereinafter described was completed in accordance with the definition of completion in applicable state law on 10/06/08 (completion date) 10. The names of the contractor, if any, for such work of improvement was GENERAL PUMP_ COMPANY, INC. 159 NORTH ACACIA.;STREET, SAN DIMAS, CA 91773 IF NO CONTRACTOR FOR WORK OF IMPROVEMENT AS A WHOLE INSERT "NONE" DATE OF CONTRACT 11. The -property on which said work of improvement was completed is in the City of VERNON County of LOS ANGELES State of CALIFORNIA and is described as follows: DESTRUCTION OF WELL 18 12. The street address of said property is: 2070 51ST STRE T IN THE CITY OF VERNON / IF N E ADDRESS HAS FFICI ASSIGNED. INSERT c 17 f b CITY F VERNON. A ICIPAL CORP DATE - - AUTOGRAPH OF OWNER OR CORPORATE OFFICE OF OWNER NAMED IN PARAGRAPH 2 OR HIS AGENT Wolcotts Forms, our resellers and agents make no representations or 02004 WOLCOTTs FORMS, INC. er,ty, express or implied, as to the fitness of this form for any - specific use or purpose. If you have any question, it is always best to consult a qualified attorney before using this or any legal document. �yr 7 67775 01114 3 VERIFICATION I, the undersigned, certify that I am the owner, the owner's agent for the property or another interested party in the-, property, described in the above notice, or I certify that I am the original contractor of the improvements to the real property described in the above notice. v_ I have read the foregoing Notice of Completion and know the co t nts thereof, the same is true to my own knowledge. I declare under penalty of perjury under the laws of. the State of )6CALIFORNIA that the foregoing is true anq correct. CIT F VERN , A_MUNICIPAL CORPORATION DATE AUTOGRAPH OF THE INDIVIDUAL WHO ERIFIES AT TH CONTENTS OF THE CLAIM OF MECHANIC'S LIEN ARE TRUE O Individual STATE OF COUNTY OF On this day of in the year , before me, commissioned and qualified in above said County and State, personally appeared n personally known to me or n proved to me on this basis of satisfactory evidence consisting of an identifying document or n the oath of to be the person(s) whose name(s) is/are s and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(i signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acje/d O Corporate or Partnership STATE OF SS. COUNTY OF On this day of in the year , before me, commissioned and qualified in above said County and State, pers n personally known to me or appeared Public, duly .abs ribed to the within instrument ), and that by his/her/their , executed the same. , a Notary Public, duly n proved to me on this basis of satisfactory evidence consistin of an identifying document or n the oath of to be the erson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same ' his/her/their authorized capacity(ies), as and that by his/her/their signature(s) on the instrumen on behalf of a organized under the laws of , executed the same. WITNESS my hand and/6fficial seal. CALIFORNIA•ACKNOWLEDGMENT State of California County of Z6 S AU&e-«.S On QCto7,zo6ol' before me, a-04-rk /9• 441 �i67i9 -Z Po.�l%C;, Date Here Insert Name and Title of the Officer personally appeared %%) IV-OCZ/g -C/,t RVAJ - Name(s) of Slgner(s) - JUDITH A. LEI Commlaston # 1646385 nli Notary PUNIC - Callfomla Los AngWo Counly MVComm. E*kft Fob 19. AZ11 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person($) whose name(g) is/are subscribed to the within instrument and acknowledged to me that die/she/they executed the same in 14s/her/#w,4r. authorized capacity(ies), and that by #is/her/tI it signature(i) on the instrument the person($), or the entity upon behalf of which the person(,) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature F - Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 7 ice 1 ��,�j/%�L, aa/- �yG�l'�6C W a (K�' �o�v jgc7 x/C) Document Date: Number of Pages: D/�� Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: fi7 /V-1V 0d'G1-t Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator Df-Other: Signer Is Representing: _0I% (/EP,weftJ ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER of thumb here RY4111YALIFFIRM,,��