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HomeMy WebLinkAboutAGMT - Ortco, Inc. (Parks Play Equipment FY2001-02, Project #50093) •• PLEASE COMPLETE THIS INFO TION • RECORDING'REQUESTED BY: CITY OF SEAL BEACH —Th 211 —8th Street Recorded in Official Records, County of Orange Seal Beach, California 907 ! 0 Tom Daly, Clerk-Recorder AND WHEN RECORDED MAIL TO: IilUlllil' IIIHIIIII!IIBII111II IIVi11111IHIII111111IiiIIiN0 FEE CITY CLERK 2003000040191 11:39am 01/13/03 CITY OF SEAL BEACH 112 51 R28 3 211 — 8th Street 0.00 0_00 0.00 0.00 0.00 0.00 0.00 0.00 r, Seal Beach, Califonia 907 ! 0 THIS SPACE FOR RECORDER'S USE ONLY TITLE: RESOLUTION NUMBER 5084 re tIS . • 42.(a t, THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION a■(Additional recording fee applies) - 1 '0 11192 1 in Tho . •-No <ecording Fee Pursuant-to ' ;Government Code, Sectiohs�103,2738.3. • RESOLUTION NUMBER oJ(J/I y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT CIP #50093 CITY PLAYGROUND IMPROVEMENT ENTERED INTO BETWEEN ORTCO, INC. AND THE CITY OF SEAL BEACH WHEREAS, on July 22, 2002, the City of Seal Beach entered into a contract with Orico, Inc. WHEREAS, the City Engineer has determined that the work has been substantially completed in accordance with the contract documents. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Seal Beach as follows: Section 1. That the work required to be performed by said Contractor has been completed. Section 2. That the total cost of said work is in the amount of$ 230,971. Section 3. That the work is hereby accepted and approved. Section 4. It is further ordered that a "Notice of Completion", Exhibit "A", be filed on behalf of the City in the Office of the Orange County Recorder within 10 days of the date of this resolution. PASSED, APPROVED AND PTED by City Council of the City of Seal Beach at a meeting thereof held on the day o ' , 2002 by the following vote: . / AYES: Councilmember. At, _,, i_ to ._ • IAilii_VP., .. , _,A, NOES: Councilmembers «• ABSENT: Councilmembers sat, N. 149-- Mayor, City of Seal Beach ATTI S`n City lrk STATE OF CALIFORNIA) COUNTY OF ORANGE )SS CITY OF SEAL BEACH) ' I, Joanne M. Yeo, City Clerk of Seal Beach, California, o hereby certify that the foregoing resolution is the original copy of Resolution Numbe 0,290n file in the office of the City Clerk ssed, approved, and adopt y the City uneil of the City of Seal Beach, at a regti ar n eeting tl -e 'helc -in the�l_. day of i , 2002. City Jerk AP=riPIP 'y( • • • • • RECORDING REQUESTED BY • AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 Sth Street Seal Beach, CA 90740 Space of above this line for Recorder's use. ***No Recording Fee Pursuant to Government Code Section 6103,27383 **** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer 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 Seal Beach 3. The address of the owner is: City of Seal Beach, 211 8`h Street,Seal Beach,CA 90740 4. The nature of the interest or estate of the owner is; In fee.The City of Seal Beach. 5. A work of improvement on the property hereinafter described as completed on 11/27/02.The work was: City Playground Improvement Equipment. Project#50093. 6. The name of the contractor, if any,for such of improvement was: Ortco, Inc. 7. The date of the Contract was: July 22,2002. 8. The property on which said work of improvement was completed in the City of Seal Beach,County of Orange,State of California, and is described as follows: City Playground Improvement Equipment Rehabilitation Project at Edison Park,Heather Park, Marina Park and the Beach Tot Lot,Project #50093 Date: 12 'I/'ot Signa re oeror rporate officer of owner named in paragraph 2 or his agent. DEPUTY CITY ENGINEER VERIFICATION I,the undersigned,say: the Director of Public Works declarant of the foregoing notice of completion;have read said notice of completion and know the contents thereof;the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on ( � , 20 f S- _ (Date of ignat re) dt Director of Public Works EXHIBIT "A" '744 aco arz41)24d. 0"7/2 2/02 • ti,D • • 9/ i f ''^ Si- Lip P ' 1'/ PUBLIC WORKS CONTRACT Parks Play Equipment, FY 2001/2002 For the following project named Parks Play Equipment, FY 2001/2002 #50093 in the City of Seal Beach. THIS AGREEMENT, made and entered into this TO- day of 200 7/, by and between the City of Seal Beach, California, hereinafter referred to as the IT"C Party of the First Part, and Ortco, Inc. • hereinafter designated as the"CONTRACTOR," Party of the Second Part. WITNESSETH: That the Parties do hereto mutually agree as follows: ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said CITY,the CONTRACTOR agrees with said CITY to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in the Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be furnished by the CITY), and to do everything required by this Agreement and the said Specifications, Drawings, and Contract Documents. ARTICLE H. For furnishing all said materials and labor, furnishing and removing all plant, temporary works or structures, tools and equipment and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by said CITY, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be borne by the said CITY and faithfully completing the work and the whole thereof, in the manner shown and described in the said Drawings, Specifications, and Contract Documents and in accordance with the requirements of the • Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal. ARTICLE In. The CITY hereby promises and agrees with said CONTRACTOR to employ and does hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same, at the time, in the manner and upon the conditions set forth in the Specifications and Contract Documents,and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made a part of this Agreement. ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE VI. By my signature hereunder,as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 3 • • IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above written. CITY OF SE t E H, CALIFOR Party of th y/• BY City Man EST Alb -C ' r BY CONTR14-7 of the Second Part President Title 2163 N. Glassell Street, Orange, CA 92865 Address 4 Jul 26 02 09: 00a ORTC INC. /BRRVRCRPITRL (7141998-4104 p. 3 • • Bond No. 166712 Bond Premium $2,810.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded ORTCO, INC. 2163 N. GLASSELL ST. ORANGE, CA 92865 (Name and address of Contractor) ("Principal"), a contract(the"Contract")for the work described as follows: PROJECT # 50093 PARKS PLAY EQU WHEREAS, Principal is required•under the terms of the Contract to furnish a bond for the faithful performance of the Contract NOW,THEREFORE,we,the undersigned Principal,and AMERICAN CONTRACTORS INDEMNITY COMPANY 1081 CCAMINO DEL RTO SOUTH SUTTF. 107 SAN DIEGO, CA 92108 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of TWO HUNDRED THIRTY.;THOUSAND NINE HUNDRED SEVENTY-ONE DOLLARS AND NO/100. Dollars ($ 230,971.00 ), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed,all within the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided,then this obligation shall become null and void;otherwise,it shall be and remain in full force and effect In case suit is brought upon this bond,Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER,the Surety,for value received, hereby stipulates and agrees that no change, extension of time, alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time,alteration, addition,or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and 5 Jul 26 02 09: Ola 40 INC. /BRRVRCRPITRL (714) 998-4104 p. 4 BOND # 166712 PREMIUM $ 2,810.00 Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: JULY 29, 2002 JULY ' , 2002 "Principal" ••Surety" �� ORTCO, INC. AMER'.• 11 hW1` Y,7.fhv ORS INDEMNITY COMPANY 2163 N. GLASSELL ST. 1081INO DEL RIO SOUTH, SUITE 107 ORANGE, CA 92865 SAN alp, • •8 Its e571 1,1111 t IN FACT, CORRINF. BROWN By. lam. % / .Al By: .1ATT .rvi:�:�:�:w:�.EC0As IV (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. I j L^i�t L f FWIS t. , .c COMM.2'2. 3353 r r :f. r a.,, rrl c V2, 6 CALIFORNIA ALL-PURPO• ACKNOWLEDGMENT • 1 State of CALIFORNIA 0 County of SAN DIEGO 1 IX 1 On .IDLY 29, 2002 before me, ATHENA PANGS 1 GATE NAME.TITLE OF OFICEP E.G..'JANE DOE.NOTARY PUBLIC personally appeared CORRINE BROWN 1 NAME(S)OF SIGNERI9) 0 In personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence 1 0 to be the person(s) whose name(s) is/are ti subscribed to the within instrument and ac- 1 0 knowledged to me that he/she/they executed 1 the same in his/her/their authorized 8 capacity(ies), and that by his/her/their 1 0 signature(s) on the instrument the person(s), k 1 or the entity upon behalf of which the k Sperson(s) acted, executed the instrument. 1 ,. ATHENA PANOS S 1 5 ' Commission#1271303 1 ' �_. No1�'�c-CorrfaNa WITNESS my hand and o 0 1 ` t '� Diego County 2ooa 0 1 -, 0 t: ►Z►� 0 SIGNATURE OF NOTARY ti 0 0 0 OPTIONAL I 11 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent 1 fraudulent reattachment of this form. o 0 1 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL 0 1 ❑ CORPORATE OFFICER t1 1 0 TITLE OR TYPE OF DOCUMENT 11111 1 TITLE(S) l,1 1 ❑ PARTNER(S) ❑ LIMITED 1 1 ❑ GENERAL l0 1 0 ATTORNEY-IN-FACT • NUMBER OF PAGES 1 ❑ TRUSTEE(S) 1 k ❑ GUARDIAN/CONSERVATOR 0 1 ❑ OTHER: 1 DATE OF DOCUMENT 1 1 SIGNER IS REPRESENTING: 1 l NAME OF PERSON(S)OR ENTITIES) `l ,1 SIGNER(S) OTHER THAN NAMED ABOVE `,1`, /fl!!l! !I!llllllfllllll!!%11 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 • AI. • American Contractors Indemnity Company Los Angeles, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY a California Corporation (the"Company"), and having its principal office in Los Angeles, California does hereby constitute and appoint. Corrine Brown as its true and lawful Attorney(s)-in-fact,in amount of$3'000,000_00 to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise,and the execution of such instrument(s)in pursuance of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be certified to and may be revoked,pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY,at a meeting called and held on the 6th day of December, 1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President,Secretary or Assistant Secretary, shall have power and authority. I.To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove,at any time,any such Attorney-in-fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer this 9th day of May , 2000 =a.�Q,J,C70,(f�yo AMERICAN CONTRACI'O D MPANY 3 RIConouIED y By: ./ e SETE 26,1990 o Andy Faust, President STATE OF CALIFORNIA 'GIT COUNTY OF LOS ANGELES On May 9• 2000 before me, Deborah Reese , personally appeared Andy Faust personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal. ..,1/4 DEBORAH REESE Commission M 1205480 i ! �yry Notcry Public—Cati io fom f. ///n / `�F�� los Angeles County [ .e O6/? 4-'t-- cA.e6_e<_ My Comm.Expires Jan 16,2�;i r CERTIFICATION _ — _ _ _ 1, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY,and that same are correct transcripts thereof and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. - IN TESTIMONY WHEREOF,I have hereunto set my hand this 29Th _ day of JULY 2002 4. e�Sea°�'lames H. Fercuson. Secretary Jul 26 02 09: 01a ORT0 INC. /BRRVRCRPITRL (714) 998-4104 p. 5 • Bond No. 166712 Bond Premium INCLUDED IN PERFORMANCE. PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that; WHEREAS the City of Seal Beach,has awarded to ORTCO, INC. 2163 N. GLASSELL ST. _._ ORANGE, CA 92865 • (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: PROJECT # 50093 PARRS PLAY EQUIPMENT WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law. NOW,THEREFORE,we,the undersigned Principal,and AMERICAN CONTRACTORS INDEMNITY COMPANY 1081 CAMINO DEL RIO SOUTH, SUITE 107 SAN 'DIEGO, CA 92108 (Name and address of Surety) ("Surety") a duly admitted surety Surer under the laws of the State of California, as Surety,are held and firmly bound unto the Public Agency in the penal sum of TWO HUNDRED THIRTY THOUSAND NINE:.HUNDRED SEVETY-ONE DOLLARS AND NO/100. Dollars($230,971.00 -this amount being not less than fifty percent (50%)of the total contract price, in lawful money of the United States of America,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code,or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract,or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall become null and void. This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court FURTHER, the Surety, for value received,hereby stipulates and agrees that no change,'extension of time, alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder, or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby waive notice of any such change, extension of time,alteration,addition,or modification to the terms of the 7 Jul 26 02 09: 01a 0RT 0 INC. /BRAVBCRPITRL (714) 998-4104 p- 6 • BOND # 166712 PREMIUM $ INCLUDED IN PERFORMANCE. Contract ur to die work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code§§2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: JULY 29, 2002 JULY 29, 2002 "Principal" "Surety" ORTCJ, INC. MC' • O t •CTORS INDEMNITY COMPANY 2163 N. GLASSELL ST 1081( I'NO D RIO S. , SUITE 107 ORANGE CA 92865 y ■ SAN t c �• CA '2108 By: * By: iter V /t e,.(iCteukl- I s ATT t RNEY IN FACT, CORRINE BROWN By: By I Its its • (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be t ar}�d. -� awe w: t �., L 'c J.S4- /.'% _:,A C v,. .1.01253.352 . m F .,:c" S ;,!o' t uno-Ca�iiorma to ORANGE COU■4i Y -• \, -s` tiy^r^ Srp.Feb.12,2i;O4 • 8 • • American Contractors Indemnity Company Los Angeles, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY a California Corporation (the"Company"), and having its principal office in Los Angeles, California does hereby constitute and appoint. Corrine Brown as its true and lawful Attorney(s)-in-fact,in amount of a '000,000.00 to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise,and the execution of such instrument(s)in pursuance of these presents,shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be certified to and may be revoked,pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY,at a meeting called and held on the 6th day of December, 1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President,Secretary or Assistant Secretary, shall have power and authority. L To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove,at any time,any such Attorney-in-fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer this 9th day of May 2000 _��QJ CI0�iyo AMERICAN CONTRACTOI��EMPANY 3 IXtORPotAII0 y By. L%lw' '; SEPL 26.1990 Andy Faust,President STATE OF CALIFORNIA COUNTY OF LOS ANGELES On May 9, 2000 before me, Deborah Reese , personally appeared Andy Faust personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the pet-son acted, executed the instrument. WITNESS my hand and official seal. DEBORAH REESE Commission F 1205480 ,�p,_ Notary Public—Cofifomia 1V4Si!% tos Angeles County io L�G�_ CERTIFICATION MyCanm.Espies Jrn16,2033 I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY,and that same are correct transcripts thereof and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. fN TESTIMONY WHEREOF,I have hereunto set my hand this 29TR day of JULY 2002 H nt daes H. Fereuson. Secretary CALIFORNIA ALL•PURPOI ACKNOWLEDGMENT • r /llllll3 `1 State of CALTFORNIA 0 • ,1 County of SAN DIEGO ti l a On JULY 29, 2002 _ before me. ATHENA PANOS ❑ATE NAME,TITLE OF OFPICEP-E.G_'JANE DOE.NOTARY PUBLIC g personally appeared CORRINE BROWN l`1 k NAMES)OF SIGNCRi S) (, N. personally known to me - OR - _ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are ti 0 subscribed to the within instrument and ac- 1 0 knowledged to me that he/she/they executed 0 the same in his/her/their authorized S ti0 capacity(ies), and that by his/her/their S signature(s) on the instrument the person(s), 0 or the entity upon behalf of which the k 0lr - - - - person(s) acted, executed the instrument. k 1 . ATHENA PANGS 0 la. '`-'0, Commission#1271303 z r: j NotQy Public-Corms E i ti WITNESS my hand an' • cal ?.l.0 n/ San Diego County _I..._.4ra�` i.�_ _._ 111 0 SIGNATURE OF NOTA 0 0 OPTIONAL o ll Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent 1 fraudulent reattachment of this form. ll10 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 1 ❑ INDIVIDUAL A ❑ CORPORATE OFFICER 1 11 TITLE OR TYPE OF DOCUMENT 1 TITLE(S) k ❑ PARTNER(S) ❑ LIMITED ti 1 ❑ GENERAL 0 ® ATTORNEY-IN-FACT NUMBER OF PAGES 1 1 ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR k ❑ OTHER: ` DATE OF DOCUMENT 11 k` SIGNER IS REPRESENTING: 1`l l``` NAME OF PERSONS)OR ENIRYQES) `ll `I SIGNER(S) OTHER THAN NAMED ABOVE `j 1 8 �Il11111111 111111111111 1111 1111111/IlllllllllllllllllllJis... ll!lllll! ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 L . • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECT OR WORK: ¶00°P) 9G5\CS P)01 ?_1 t.Li f hu tic(' Indemnitor(s) (list all names): I *if (I':TL( (JIB To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from,or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing,nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code§ 2782(a) or(b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(6). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor,on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees,while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor Name �'���/ Name: • By: By: Its Its 9 • • AGREEMENT TO COMPLY WITIICALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861,3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency("Agency")and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. • 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2,Part 7,Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861,Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before comme -.fra nt performance of the work of this c ontract." � ///r • 1 - ///' Date ,1-3, ([ //Q Z Signature 10 • • STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS • [Business&Professions Code § 7028.15] [Public Contract Code§20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given,hold a currently valid California contractor's license as set forth below(required at time of award): Business&Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases: (I) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However,at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall he considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to,a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within 11 • • three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. .Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License no.: 657695 Class: B C61 D34 - Expin on d. "a g 1/02 Date I I id Z Signature l -at 12