HomeMy WebLinkAboutAGMT - SoCal Pacific Construction (Sewer Pump Station #35-Phase 2) This Document w s electronically recorded by
' Cert Mail C .
Recorded in Official Records, Orange County
RECORDING REQUESTED BY Tom Daly, Clerk-Recorder NO FEE
AND WHEN RECORDED MAIL TO 1III�I��IIIIIIIIIIIIIIII0080001I21IIIIII 3 09:54am 03/17/08
CITY OF SEAL BEACH 0.0 195 1
0.00 0.00 0 0.0.00 0.00 0.00 0.00 0.00 0.00
Attn: City Clerk
211 -8th 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:City of-SeakBeach.--- —
5. A work of improvement on the property hereinafter is described as substantially completed on
March 10, 2007. The work was Sewer Pump Station 35– Phase 2 Project No. 49886.
6. The name of the contractor, if any, for such improvement was: Socal Pacific, Incorporated.
The date of the Contract Award was: July 24, 2006.
7. 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: 200 Seal Beach
Boulevard, Seal Beach, California 90740.
Date: 3/1170
fj/n�^ i
Signature / owner or corporate officer of owner
named in paragraph 2 or his agent.
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 3 ' /1'01 , 2008, at -a :t_ h, , i ornia.
(Date of Signature)
. A % ;
Di ector of Public Works
•
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, :PUBLIC WORKS CONTRACT
For the following project named Sewer Pump Station #35 ( Phase 2 )
in the City of Seal Beach.
THIS AGREEMENT, made and entered into this 3rd day of August . 20 Q6, by and
between the City of Seal Beach, California, hereinafter referred to as the "CITY," Party of the First Part,
and
SOCal PacifjC Construction -corn
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 II. 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 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 Contract Documents, and
the said parties for themselves, their hefts, 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
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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..
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IN WITNESS WHEREOF: The Parties hereto have caused this con'act to be executed the day and year
first above written.
CITY OF : ALB CALIFO'
Party o heFirstP4
• BY a s.
City Manager •
ATT ST:
( lerk
•
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tt' TRACTOR-Party of the Second Part
Anton Anstett
•
President
Title
•
29885 2nd St. , Unit J
Address Lake Elsinore, CA. 92532
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PREMIUM IS FOR CONTRACT TERM
"BOND ISSUED IN THREE AND IS SUBJECT TO ADJUSTMENT
(3) COUNTERPARTS" - EASED ON FINAL CONTRACT PRICE
Bond No, S111009589 Bond Premium $10,580
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Bench, has awarded
SOCAL PACIFIC CONSTRUCTION CORP.
29885 SECOND STREET, UNIT J
LAKE ELSINORE, CA 92532
(Name and address of Contractor)
("Principal"), a Contract(the"Contract")for the work described as follows;
SEWER PUMP STATION #35 (PHASE 2)
WHEREAS, Principal is required under the terms of the Contract to tbrnish a bond for the faithful
performance of the Contract,
NOW,THEREFORE, we,the undersigned Principal,and
ARCH INSURANCE COMPANY
10755—F SCRIPPS POWAY PARKWAY #448
SAN DIEGO, CA 92131
(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 EIGHT HUNDRED NINETY—FOUR
THOUSAND SEVEN HUNDRED TWENTY—Fir AND 00/100
Dollars ($894,725.00 4, 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 tho 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 bo kept and
performed,all within the time and in the manner therein specified,and in all respects according to their true
intent and moaning, and shall indemnify end hold harmless the Public Agency, ire 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 Codo §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all
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rights of a party hereto. IN WITNESS WHEREOF,two (2) identical counterparts of this instrument, each
of which shall for nil 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: AUGUST 1, 2006
"Principal" "Surety"
fig; PACIFIC CONSTRUCTION CORP.. ARCH I SIIRANCF COMPANY
By: By: SHANNON LOPEZ
its Its ATTORNEY-IN CT
By Anton Anstett By:
Its President 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
attached, -
6 .
CALIFORNIA ALL PURPOSE .ACK•
NOWLEDGMENT •
State of California
County of San Bernardino
On August 1, 2006 before me Raquel L. Soto, Notary Public
Personally appeared Shannon Lopez
[X] personally known to me -OR [ ] proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the
same in her authorized capacity, and that by her signature
on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
`� ^ ^ RAQUEL L. SOTO^E
m COMM.#1452344 n WITNESS my hand and official seal.
•�. NOTARY PUBLIC-CALIFORNIA Y
S�l,�: SAN RERNARDINO COUNTY
v1., y y v . V My CommyE=p.Nov.21;20076
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OPTIONAL
Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment
of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
[ ] INDIVIDUAL
[ ] CORPORATE OFFICER
Performance Bond
Title(s) Title or Type of Document
[ ] PARTNERS [ ] LIMITED
[ ] GENERAL
[X] ATTORNEY-IN-FACT Number of Pages
[ ] TRUSTEE(S)
[ ] GUARDIAN/CONSERVATOR
[ ] OTHER: August 1, 2006
Date of Document
SIGNER IS REPRESENTING:
Arch Insurance Company Socal Pacific Construction Corp.
Signer(s) other than Named Above
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Cdr'%' ' the same in his/her/their authorized p Riverside
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WITNE S my hand and official seal. N
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Place Notary Seal Above Si nature of Notary Public 1
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OPTIONAL R,
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I. Description of Attached Document 5
• Title or Type of Document:
9
( Document Date: - Number of Pages: d
e ^I
V Signer(s) Other Than Named Above:
I t yl
Capacity(ies) Claimed by Signer 9I
% Signer's Name: •IGHT THUMBPRINT 9
OF SIGNER • sl
❑ Individual • Top 01thumb here 9
t, ❑ Corporate Officer—Title(s): y
❑ Partner—❑ Limited 0 General - - 9
I. 0 Attorney in Fact
It 0 Trustee yl
1.. ❑ Guardian or Conservator y
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❑ Other: �I
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®1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 • Reorder:Call Toll-Free 1-800-876-6827
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"BOND ISSUED IN THREE
(3) COUNTERPARTS"
Bond No. SU1009589 Bond Premium INCT.UDED IN
PERFORMANCE BOND
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW.ALL PERSONS 1W THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarded to
SOCAL PACIFIC CONSTRUCTION CORP.
_29885 SECOND STREET, UNIT
LAKE ELSINORE, CA 92532 —_
(Name and address of Contractor)
("Principal"), a contract(the"Contract")for the work described as follows:
SEWER PUMP STATION #35 (PHASE 2)
WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure
the payment of claims of laborers,mechanics,matorialmen,and other persons as provided by law.
NOW,THEREFORE, we,the undersigned Principal,and •
ARCH INSURANCE COMPANY
10755—F SCRIPPS POWAY PARKWAY #448
SAN DIEGO. CA 92191
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are hold and
firmly bound unto the Public Agency in the penal sum of EIGHT HUNDRED NINETY—FOUR
THOUSAND SEVEN HUNDRED TWENTY—FIVE AND 00/100
Dollars(S 894.725.0Q, this amount being not loss 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, wo bind ourselves,our heirs,executors,administrators,successors,
and assigns,jointly and severally,firmly by these presents.
TES CONDITION OP 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 duo 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 tones of the Contract, or of the work to be performed thereunder,
or the specifications for the same, shall in ony 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
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Contract or to the 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 hereon have been duly executed by Principal and Surety, on the date sot
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: AUGUST 1, 2006
"Principal" "Surety"
SOCAL PACIFIC CONSTRUCTION CORP. ARCH INSURANCE COMPANY
Al
B By, SHANNON LOPEZ
Its Its ATTORNEY--t-FACT
By; Anton Anstett By:
Ifs President 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
attached..
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POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint
Peter M. Davis, Martin M. Davis, George A. DeCristo, Shannon Lopez, Gale L. Delo and Kenzie K.Thompson of Redlands, CA(EACH)
•
its true and lawful Attomey(s)-in-Fact,.to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
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EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft cif letter of credit
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth'herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said •
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 in Kansas City.,I,Osp&w . •
This Power of Attorney-is executed by authority of_resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth'and"are hereby certified to by
the undersigned Secretary as being in full force and effect
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
00ML0013 00 03 03 Printed in U.S.A.
• Page 1 oft
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In Testimony Whereof, the Company has c^• °°' this instrument to be signed and its corporate seal to he affixed by their
authorized officers, this, 4th day of_April , 20 00
Arch Insurance Company
Attested and Certified
ayanoe Co
• � CORPORATE 43'a
/ SPAT
• 19T
4 •
gMart in J. Nilsen. ecretary Edward M. Tus e President •
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to
be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a
Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free,-•• voluntary act • said corporation and as
their own free and voluntary acts for the uses and purposes therein set forth.
PETER J.CALLED,ESQ.
Notary Public, State of New York ' ,' , • � y�
No:02CA61A8336
Ot'i lied In New York County Pe -r J7tk "Ndta-'ublic
Commission Expires May 3,-2008 My cdmmiss • expires 5-03-2009
CERTIFICATION
•
I, Martin J. Nilsen, Secretary of the Arch•Insurance Company, do hereby certify that the attached Power of Attorney dated
on behalf of the person(s) as listed above is a true and correct copy and that the same has been!in fulll force and effect
since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said
Edward M.Titus, who executed the Power of Attorney as Vice President, was ion-the date of execution of the attached
Power of Attorney the duly elected Vice President of the Arch Insurance Company...•
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and aff�orporaf s I of the Arch Insurance
Company on this 1ST day of AUGUST , 20, 06 .
Martin J. Nils , Secretary •
•
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they,have no authority to bind the,Company except.in the manner and.to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Contractors &.Developers Group
135 N. Robles Ave.,Ste. 825
Pasadena, CA 91101
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OOML0013 00 03 03 \Nkcour�
•. Page 2 of 2 Printed in U.S.A.
•
CALIFORNIA ALL PURPOSE tKNOWLEDGMENT •
State of California
County of San Bernardino
On August 1, 2006 before me Raquel L. Soto,Notary Public
Personally appeared Shannon Lopez
[X] personally known to me -OR [ ] proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the
same in her authorized capacity, and that by her signature
on the instrument the person, or the entity upon behalf of
] which the person acted, executed the instrument.
RAQUEL L. SOTO
ul ' + COMM.#1452344 fl
'�f NOTARY PUBLIC-CALIFORNIA A
V ZIT': SAN BERNARDINO COUNTY N WITNESS my hand and official seal.
1. . . :. _ My Comm Exp Nov.21.2007 6
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OPTIONAL
•
Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment
of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
[ ] INDIVIDUAL
[ ] CORPORATE OFFICER
Payment Bond
Title(s) . Title or Type of Document
[ ] n A� R444 S [ ] LIMITED
[ ] GENERAL ----
[X] ATTORNEY-IN-FACT Number of Pages
[ ] TRUSTEE(S)
[ ] GUARDIAN/CONSERVATOR
[ ] 9TI4ER: August 1, 2006
Date of Document
SIGNER IS REPRESENTING:
Arch Insurance Company Socal Pacific Construction Corp.
Signer(s) other than Named Above
• •
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
-_� ...R: -. -, -i-i•a: v c c T. . _ R. - vb._..
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State of California
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IR% 244 capacity(ies), and that by his/her/their Ai My Comm.&odes i, signature(s) on the instrument the person(s), or ?1
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and could prevent fraudulent removal and reattachment of this form to another document. g;
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Description of Attached Document 0
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i,. Title or Type of Document:
Document Date: Number of Pages:- m
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it Vi
Signer(s) Other Than Named Above: '9
Y
-1 . Capacity(ies) Claimed by Signer 01
Signers Name: RIGHT HUMBPRINT S
- OF❑ Individual Top orthumb here 5
i_ ❑ Corporate Officer—Title(s): y1
❑ Partner—❑ Limited ❑ General - 9
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p 1997 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:call Toll-Free 1-800-876-6827
•
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INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND
WAIVER OF SUBROGATION AND CONTRIBUTION
•
TITLE OF PROJECT OR WORK: Sewer Pump Station #3 5 ( Phase 2 )
Indemnitor(s)(list all names):
Anton Anstett — President
Stephan Hennes — Secretary
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 Indemni.tee'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 § 2782(b). 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 An •n ) -- Name: SStt�phan Hennes
• By: _�'!�' 1 By✓ /CSI �%� ' �.
Its 'resident s Secretary
•
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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 b9 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 con Tact"
td rfr-
•
Date August 3, 2006 Signature
Anton Anstett - President
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•
• STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES
CONCERNING THE CONTRACTORS' LICENSING LAWS
[Business &Professions Code § 7028.151
• [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: •
(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.
(0 - 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
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•
• •
verifying the 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 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 worker 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.: 443117 Class: A&B Expiration d. g:June 30, 2007
•
•
Date August 3, 2006 Signature
Anton Anstett - President
•
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• 12
S
INSURANCE REQUIREMENTS
•
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 the General Provisions. 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 the forms
included in Book II.
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:
•
SEWAGE PUMP STATION NO. 35 UPGRADE—CIP NO. 49886(PHASE II)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 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
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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
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