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HomeMy WebLinkAboutAGMT - Pavement Coatings Company (Slurry Seal FY96-97, Project #674) • t • t-t' GAP.rv..9' '.or 1. .a Vi`y�CF6fir,2i„■:,\'O/ City of Seal Beach Addendum No. 2 Addendum No. 2 to Notice Inviting Bids under Contract Documents: SLURRY SEAL PROJECT, FY 96-97 PROJECT #674 To all prospective Bidders under Contract Documents: SLURRY SEAL PROJECT, FY 96-97 PROJECT #674 for which Bids are to be received by the City of Seal Beach, California, at the office of the City Clerk, in City Hall, 211 8th Street, Seal Beach CA 90740 at 10:00 AM Tuesday, June 3, 1997. The following changes have been made to the Appendix: "The Street Patch and Area List are attached hereto and are hereby made a part of this Addendum No. 2." The following additions have been made to the General and Special Provisions: "203.17 STREET PATCH LIST: Attached to Addendum #2 is a list of the estimated quantities of patching for the project. Depending on fiscal constraints and results of the bid, the City may delete all or some of the patch work for streets in the "Cove Area" 203.18 CRACK SEAL LUMP SUM BID: The Contractor shall not include any areas of the "Cove Streets" in his lump sum price for the Cove Streets. 203.19 STRIPING AND MARKING: The Contractor shall provide at the pre-construction meeting supply a schedule of values for the work. The City reserves the right to add or deduct work from the lump sum based on the schedule of values. The City reserves the right to keep existing markers in place and the Contractor shall protect them with approved covers or cleaning during slurry operations. The City will supply its own stencils to be used for the work. All existing painted legend work will be done in paint and not thermoplastic and supercedes Section 203.10 of these special provisions. 203.20 WORK AS PART OF THIS CONTRACT: On the northwest corner of Seal Beach Boulevard and Westminster Boulevard the is a Orange County Pump Station. The area of the lot is approximately 9,880 square feet. The Contractor shall contact Tom Blanda of Orange County Sanitation District at (714) 962-2411 ext 3110. Although the City will allow the work to be performed during City work, payment for said work for Orange County will be soley between the County Sanitation District of • • Orange County and the Contractor through a purchase order from the County. The Contractor shall separate any quantities performed for payment application. No patching, crack seal, or striping are anticipated at this location. 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The following changes have been made to the Notice Inviting Bids: "BIDS MUST BE RECEIVED BY: 10:00 AM, TUESDAY, JUNE 3, 1997 BIDS TO BE OPENED BY: 10:00 AM, TUESDAY, JUNE 3, 1997" By order of the City of Seal Beach, 6—Public Works Dat Cc: Project File 674 DD Jerome Ruddins p-u-G4 aC G rU�cf S Uts/0,/,„ P- Public Works Contract FY 96-97 SLURRY SEAL PROJECT For FY 96-97 SLURRY SEAL PROJECT, in the City of Seal Beach. p • THIS AGREEMEN made and entered into this day ofQ/Ll , , 19 /'by and between the City of Seal Beach, C49.mia, hereinafter refstAd to as the"CI arty of the First Part, and AT/FN 6',u r ( ii2 eqe ('O heel qc' S hereinafter designated as the.tONTRACTOR," Part?of the Secon 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 FY 96-97 SLURRY SEAL PROJECT, and Jo 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 fumished by the CITY), and to do everything required by this Agreement and the said Specifications, Drawings, and Contract Documents. ARTICLE II. For fumishing all said materials and labor, fumishing 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 bome 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 III. 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.Contrad 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. CONTRACTOR TO SUBMIT UPON AWARD:D-2 FY 96-97 SLURRY SEAL PROJECT • • IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above written. CITY OF S •L BEACH, CALIFORNIA Party oft - First -art • BY t•. `_ C'y Manager ATT= T: - / , _ _ : C'' Jerk PAVEMENT COATINGS CO. BY CONTRAC�/O�,R,� -Party ofylpe S cond Part /�COf r'- ( pry( MARSHA COOLIDGE Title President Secretary & CFO Address !'n nit* /7Q/, Cru1, 0/9 foe3a CONTRACTOR TO SUBMIT UPON AWARD:D-3 FY 96-97 SLURRY SEAL PROJECT • • Prem. Amt:$469.00 Bond No. 08032618 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded Pavement Coetingc (b. 5312 rypre,qc Street ryprec , r 7 Qof 3n (Name and address of Contractor) • • (Principar), a contract (the "Contract")for the work described as follows: Slurry Seal Project, FY 96-97 WHEREAS, Principal i6 required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. - NOW,THEREFORE, we,the undersigned Principal, and Fidelity and Deposit Canpany of Maryland 225 S. Lake Ave. Suite 700 Pasadena. CA 91101 (Name and address of Surety) (-Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly pound unto the Public Agency in the penal sum of Ninety Fifty Four & 75/100 Dollars ($ 95,754.75 ), 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, fwo (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 CONTRACTOR TO SUBMIT UPON AWARD:UJ FY 9697 SLURRY SEAL PROJECT • • r. 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: June 17, 1997 'Principal" 'Surety" Pavement Coatings Co. Fidelity and Deposit Company of Maryland By: MARSHA COOLIDCE By: �� Its President Its C.K. Nakamura, Attorney In-Fact fl Secretary & CFO By By 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-fad must be attached. Ti CONTRACTOR TO SUBMIT UPON AWARD:D-5 FY 96-97 SLURRY SEAL PROJECT • • CALIFORNIA ALL-PURPOSE AID KNOWLEC)GMENT State of California County of Los Angeles On June 17, 1997 before me, Harriet Lambell, Notary Public, personally appeared C.K. Nakamura personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 19,144,.......t /44.-4--e-t? -�. C 'Ion p l 226 bi 1V mmissOC—Ca4dorr N o L V May 702000 my Comm ExOkes i CALIFORNIA ALL-PURPO.ACKNOWLEDGMENT • v<sa lei 4vaYaet N_aN_satcs- av v Y_w.va t!wN_z Nsa Yvm Nti t C!.»Yt terzie_as4-mereo �r w7 lyy1 0 5 California State of y q County of Orange A y On June 23 , 1997 before me, Dorothy N . Lange, Notary Public ly Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") Jl 4q personally appeared - -Marsha Coolidge - - 0�zj Name(s)of Signer(s) �J LX personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s) 4 whose name(s) is/are subscribed to the within instrument f, and acknowledged to me that he/she/they executed the a� same in his/her/their authorized capacity(ies), and that by , his/her/their signature(s)on the instrument the person(s), ') or the entity upon behalf of which the person(s) acted, �• i executed the instrument. P ri I '''i� DOROTHY N.LANGE WITNESS my hand and official seal. �� COMM.#1028970 4) I � by Corm Wes June a l I �l t Sign a of Notary Public V g l�� OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent g q fraudulent removal and reattachment of this form to another document. it r yJ Description of Attached Document g q i' eTitle or Type of Document: Performance Bond - City of Seal Beach (08032618) a Document Date: - - Number of Pages: D-5 "ii" Signer(s) Other Than Named Above: i *Claimed by Signer(s) s 0 Signer's Name: Marsha Coolidge Signer's Name: o g 4 ❑ Individual ❑ Individual *Yj GX Corporate Officer ❑ Corporate Officer 0 i Title(s): President/Secretary/CFO Title(s): `e ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General • k ❑ Attorney-in-Fact ❑ Attorney-in-Fact :; C ❑ Trustee ❑ Trustee A RIGHT THUMBPRINT RIGHT THUMBPRINT �� ❑ Guardian or Conservator • OF SIGNER ❑ Guardian or Conservator SIGNER ❑ Other: Top of thumb here ❑ Other: - Top of thumb here y' 4 i yti Signer Is Representing: Signer Is Representing: N9.4\E,�4v .4W. . .n-. .n-. .t`.b L2MYA . .. .tS9.L .. .iv4vGW.�S�A"NZV4`yV4W:vC2 2vkW.C.1222 1NW93 Zs�A"�'A??"sy. ei .r �°er°ei°ei°r'�>y°�°.r°.i:•r;.y.v°y°.� �.-�;d°ei.■v°�-vi°y°ems°v°er ©1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod No.5907 Reorder:Call Toll-Free 1-800-876-6827 I • • • Executed in 4 Counterparts • PAYMENT BOND Bond No: 08032618 (LABOR AND MATERIALS) Prem. Included in Perf. Bond KNOW ALL PERSONS BY THESE PRESENTS that: Pavement Coatings Co. WHEREAS the City of Seal Beach, has awarded to 4 5312 cypress Strc�ae4 i C�1rnc4, C•A • -9Qfj10• (Name and address of Contractor) ('Princlpal"), a contract (he 'Contract")forthhe work esscriib d as follows: ly � oe97 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 Fidelity and Deposit Company of Maryland 22D S. Lake Ave. Suite 700 Pasadena, CA 91101 (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 Ninety Five Thousand Seven Hundred Fifty Four & 75/100 • Dollars ($95.754.75 ), 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 Califomia 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 inure to the benefd 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 tens 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 Califomia Civil Code §§ 2845 and 2849. CONTRACTOR TO SUBMIT UPON AWARD:D16 FY 96-97 SLURRY SEAL PROJECT • • 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: June 17, 1997 'Principal' 'Surety' Pavement Coatings Co. Fidelity and Deposit Company of Maryland �� as,3 1 Cont n By: MARSHA GE Its President Its Secretary & C.K. Nakamura, Attorney In—Fact CFO By By 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-fad must be attached. • 11 1 CONTRACTOR TO SUBMIT UPON AWARD:D•7 FY 96-97 SLURRY SEAL PROJECT • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On June 17, 1997 before me, Harriet Lambell, Notary Public, personally appeared C.K. Nakamura personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. HARRIET wru i assn lc`€ �.nmon•tors '� 'Nbtay! :6 J � Angeles County _FAY com.,,.e.w.lprovjEvirei may 302033 CALIFORNIA ALL-PURPO. ACKNOWLEDGMENT • c%5t%.7,, v�v_nu_�v_nay.,.a!mv_itc!s v_.3v�<,.mrawae� e 5 t wcr_Ate te.rmrr_nt%a t rze!itr_a s� riw State of California A G _• 4 1 County of Orange 0 yti On June 23, 1997 before me, Dorothy N . Lange, Notary Public , , s;Ql 4 Dale Name and Title of Officer(e.g.,'Jane Doe,Notary Public") JJ 4 personally appeared - -Marsha Coolidge - - al 4 Name(s)of Signer(s) 4y CXpersonally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s) , sJ 4 whose name(s) is/are subscribed to the within instrument :'�� and acknowledged to me that he/she/they executed the .l same in his/her/their authorized capacity(ies),and that by A his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, ' ,l II executed the instrument. A 4 t •s, ., DOROTHY N.LANGE f WITNESS my hand and official seal. A _ COMM. a102e970 $ !{ — ' '•'/Comm �� S t� nature of Notary Public (<<■ Q ¢ OPTIONAL . Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent A G fraudulent removal and reattachment of this form to another document. 4 Description of Attached Document 0 e. o Title or Type of Document: Payment Bond (Labor & Materials) City of Seal Beach 3 f' Document Date: Number of Pages: D-7 v 4r P y Signer(s) Other Than Named Above: : qCapacity(ies) Claimed by Signer(s) .5 GSigner's Name: Marsha Coolidge Signer's Name: Av o 4 ❑ Individual ❑ Individual A Pi Corporate Officer ❑ Corporate Officer y q Title(s): President/Secretary/CFO Title(s): O 4 ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited 17 General v5 4 ❑ Attorney-in-Fact ❑ Attorney-in-Fact 4 ❑ Trustee ❑ Trustee 55 RIGHT THUMBPRINT RIGHT THUMBPRINT ❑ Guardian or Conservator OF SIGNER ❑ Guardian or Conservator 'OFSIGNER i 4y;D Other: Top of thumb here ❑ Other: Top of thumb here , ri� pC 'A l :91 eSigner Is Representing: Signer Is Representing: q rE A ®1995 National Notary Association•8236 Rommel Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION FY 96-97 SLURRY SEAL PROJECT Indemnitor(s) (list all names): Ave/776,1)-r LD/)Tij s 6. 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 lean, 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 attorneys 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 § 2762(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.lndemnitor, 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, liablilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor" /I Name /fwc#vew-F l�phir Name: By: . A 2' ff cLr By: Its MARSHA COOLIDGE Its • President Secretary & CFO CONTRACTOR TO SUBMIT UPON AWARD:D-8 FY 96-97 SLURRY SEAL PROJECT • • AGREEMENT TO COMPLY WITH CALIFORNIA 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 commencing the performance of the work of this contract? ��j , Date 9/23/91 Signature � t MARSHA C�JOLIQGE President Secretary & CFO CONTRACTOR TO SUBMIT UPON AWARD:D-9 FY 96-97 SLURRY SEAL PROJECT • • • 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 Califomia contractors license as set forth below: Business 8 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: (1) 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 be 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, tw employing agency made an inquiry to the board for the purposes of verifying the CONTRACTOR TO SUBMIT UPON AWARD:0.10 FY 96-97 SLURRY SEAL PROJECT • • license status of any person or contractor and the board failed to respond to the inquiry within 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 Mate. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this Mate. 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 prequalification 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.: 30360/ Class: 0-3 2 Expiration date: 9/3o�9e Date (o - 023- 97 Signature See. MARSHA COOLIDGE President Secretary & CFO CONTRACTOR TO SUBMIT UPON AWARD:D11 FY 96-97 SLURRY SEAL PROJECT A • • INSURANCE REQUIREMENTS FOR CITY OF SEAL BEACH PUBLIC WORKS CONTRACT LIABILITY INSURANCE The Contractor shall at all times during the terms of the Contract carry, maintain, and keep in full force and effect a policy or policies of comprehensive general liability insurance in which the City, along with its City Council and each member thereof, and every officer, official, agent, attorney, employee or volunteer of the City, is the named insured or is named as an additional insured with the Contractor in accordance with Section 7-3 of the Standard Specifications. The insurance company issuing such policy(ies) must be acceptable to, and approved by, the City Engineer and City Attorney. Contractor shall maintain limits of no less than One Million Dollars ($1,000,000) combined single limit coverage per occurrence for personal injury or death or property loss or damage which may arise from or relate directly or indirectly to the acts, operations or omissions of the performance of the Contractor and/or its subcontractors and/or the employees, agents, officers, officials or volunteers of either, in the performance of this Public Works Contract. Such insurance shall include coverage for all automobiles utilized by Contractor's or any subcontractor's employees or agents in the performance of the Contract. Contractor shall also provide an endorsement in substantially the form set forth below. ENDORSEMENT IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SEAL BEACH, ITS CITY COUNCIL AND EACH MEMBER THEREOF, AND EVERY OFFICER, OFFICIAL, AGENT, EMPLOYEE OR, VOLUNTEER OF CITY SHALL BE NAMED AS JOINTLY AND SEVERALLY INSURED AS RESPECTS CLAIMS ARISING OUT OF THE FOLLOWING PROJECT: FY 96-97 SLURRY SEAL PROJECT IT IS FURTHER AGREED THAT THE FOLLOWING INDEMNITY AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE NAMED INSURED IS COVERED UNDER THE POLICY: CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS CITY COUNCIL AND EACH MEMBER THEREOF AND EVERY OFFICER, OFFICIAL, EMPLOYEE, ATTORNEYS, AGENT, AND VOLUNTEER OF CITY FROM AND AGAINST ANY AND ALL LIABILITY OR FINANCIAL LOSS RESULTING FROM ANY SUITS, CLAIMS, LOSSES OR ACTIONS BROUGHT AGAINST, AND FROM ALL COSTS AND EXPENSES OF LITIGATION BROUGHT AGAINST, CITY, ITS CITY COUNCIL AND ANY MEMBER THEREOF, AND ANY OFFICER, OFFICIAL, EMPLOYEE, AGENT, ATTORNEY OR VOLUNTEER OF CITY WHICH RESULTS, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY WRONGFUL OR NEGLIGENT ACT OR OMISSION OF CONTRACTOR OR ANY SUBCONTRACTOR, OR AN OFFICER, EMPLOYEE OR AGENT OF EITHER, OR ANYONE FOR WHOSE ACTS ANY OF THESE MAY BE LIABLE, WHILE ENGAGED IN THE PERFORMANCE OF THIS CONTRACT, EXCEPT WHERE SUCH LIABILITY OR LOSS IS SOLEY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY. THE INSURANCE COVERAGE SHALL APPLY SEPARATELY TO EACH INSURED AGAINST WHOM A. CLAIM IS MADE OR SUIT IS BROUGHT, EXCEPT THAT THE INCLUSION OF MORE THAN ONE. INSURED SHALL NOT OPERATE TO INCREASE THE LIMITS OF THE COMPANY'S LIABILITY. THE INSURANCE COVERAGE SHALL NOT BE SUSPENDED, VOIDED, CANCELED, REDUCED IN' COVERAGE OR IN LIMITS, OR OTHERWISE MATERIALLY CHANGED, UNLESS THIRTY (30) DAYS ADVANCE WRITTEN NOTICE BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED HAS BEEN GIVEN TO THE CITY. • THE INSURANCE COVERAGE PROVIDED BY CONTRACTOR AS SET FORTH HEREIN SHALL BE PRIMARY INSURANCE WITH RESPECT TO THE CITY, ITS CITY COUNCIL AND ANY MEMBER CONTRACTOR TO SUBMIT UPON AWARD:0-12 FY 96-97 SLURRY SEAL PROJECT • • THEREOF, AND ITS OFFICERS, OFFICIALS, ATTORNEYS, AGENTS, EMPLOYEES AND VOLUNTEERS. ANY INSURANCE OR SELF-INSURANCE MAINTAINED BY THE CITY, ITS CITY COUNCIL OR ANY MEMBER THEREOF, OR ITS OFFICERS, OFFICIALS, ATTORNEYS, AGENTS, EMPLOYEES AND VOLUNTEERS SHALL BE IN EXCESS OF THE CONTRACTOR'S INSURANCE AND SHALL NOT CONTRIBUTE WITH IT. INSURER WAIVES ANY RIGHT OF CONTRIBUTION WITH SUCH OTHER INSURANCE WHICH MAY BE AVAILABLE TO THE CITY. INSURER WAIVES ALL RIGHTS OF SUBROGATION FOR LOSSES AGAINST THE CITY, ITS CITY COUNCIL OR ANY MEMBER THEREOF OR ITS OFFICERS, OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEER CONTRACTOR TO SUBMIT UPON AWARD:D-13 FY 96-97 SLURRY SEAL PROJECT • • Page Intentionally Left Blank CONTRACTOR TO SUBMIT UPON AWARD:D-14 FY 96-97 SLURRY SEAL PROJECT