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HomeMy WebLinkAboutAGMT - Ramco General Engineering Contractors (Parking Lots Data & Electrical Undergrounding Project)RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Recorded in Official Records, Orange County Hugh Nguyen, Clerk- Recorder IIIIIINIII11111111111111111] 11111' 111l1111111llJ111111111111l1ll111111 NO FEE *$ R 0 0 0 8 2 8 9 9 0 0$* 2016000155575 8:54 am 04/1211 9 410 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.0 P.PR 2 5 2615 Space of above this line for Recorder's use. CITY OF SEAL BEACH "* No Recording Fee Pursuant to Government Code Section 6103, 27383 "" W Jr z 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: 211 — 8th 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 is described as substantially completed on February 10, 2016. The work was Seal Beach Parking Lots Data and Electrical Undergrounding Project CIP No. ST1207 6. The name of the contractor(s), if any, for such improvement was: Ramco General Engineering Construction The date of the Contract Award was October 12, 2015. 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: 1s` Street, 81" Street. and 10`" Street Beach Parking Lots. Date: Sri Deputy Director of Public Works, City of Seal Beach Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Interim 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 for Executed on B,M� / /!e , (Date of Signature) true and correct. Seal Be h, California. Uirector of Hublic worKS, U ty of Seal beach UNITED STATES POSTAL SERVICE • Sender: Please print your t City Clerk Robin Roberts City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 USPS TRACKING# i First -Class Mail Postage & FeesPafd USPS Permit No. G -10 and ZIP +4® in this box* APR 14 2016 _CITY CaRK 9590 9403 X167 5120 8926 73 • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: t Orange County Clerklerk Rec P.O. Box 238 Santa Ana, CA 92761 -0238 Fq D. Is delivery address dlf It YES, enter delivery .n ❑ bent 11 1 o Addre CUUUtYotOts�_...rpR uyp1S4A'� UN" Delivery ❑ No Service Priority IIIIII�II IlII IIIII IIII IIIII IIIIIIIIII IIIIIIIII D Adult Signature s D Registered Mall - 0 Soe aWn,RestrictedDelivery u9590 ❑ eeredMMWIAmnm 9403 0167 5120 8926 73 0 Cerdfld Mail Restricted DelNey )(R RacNpt a 0 Collect on Delivery en:ltandlae ,ncle.NUmber.((regs/er /rom service labell 0 collect on Delivery R"t6ded Delivery Melt D Signature ConflrmadonrO 0 signor. canfnnatlon 7009 0820 0000 0507 4477 iMa!IReatrlctedDel aY 300)' i`0etdc100Del"`ry eorm 3811; April 2015 PSN.7530 -02- 000 -9053 Domestic Return Receipt" RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH 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, NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the i 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: 211 — 8th Street Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City o 5. A work of improvement on the property hereinafter is described as su February 10, 2016. The work was Seal Beach Parking Lot s Undergrounding Project CIP No. ST1207 6. The name of the contractor(s), if any, for such improvement Engineering Construction The date of the Contract Award was Octob 7. The property on which said work of improvement was completed in County of Orange, State of California, and is described as follows: 1 10th Street Beach Parking Lots. Date: Sri nterestlor estate stated f Seal Beach. bstantially completed on Data' and Electrical was: Ramco General er 12. 2015. the C4 of Seal Beach, st c..,.,:� oth c�.,.,.� --A Deputy Director of Public Works, City of Seal Be Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Interim 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 for Executed on -9111t L1& (Date of Signature) true and correct. Seal California. Director of Public Works, City of Seal li O. I r9��y April 5, 2016 Orange County Clerk- Recorder P.O. Box 238 Santa Ana, CA 92702 -0238 RE: Notice of Completion for Recording Seal Beach Parking Lots Data and Electrical Undergrounding Project CIP No. ST1207 To Whom It May Concern: Attached is Notice of Completion to be recorded. A work or improvem General Engineering Construction on the property is described as sut completed on February 10, 2016 and approved by the City Council of Beach on March 14, 2016. After document has been successfully reo return to City Clerk Robin Roberts, City of Seal Beach, 211 Eighth Str CA 90740. Thank you for your prompt attention to this matter. Sincerely, T)� Winnie Bell Part-time Executive Assistant City Clerk's Office wbell(a)sealbeachca.gov Enclosure CITY HALL 211 EIGHTH STREET SEAL BEACH, CA 90740 (562) 431 -2527 www.sealbeachca.gov Z by Ramco ntially City of Seal �d, please Seal Beach, Certified Mail Provides: o A mailing receipt a A unique identifier for your mailpiece o A record of delivery kept by the Postal Service for two years Important Reminders: o Certified Mail may ONLY be combined with First -Class Mails or Priority Mails. o Certified Mail is not available for any class of international mail. o NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. o For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested ". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. a For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement 'Restricted Delivery'. o If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, Augus12006 (Reverse) PSN 7530.02 -000 -9047 • Complete hems 1, 2, and 3. A. Signature • Print your name and address on the reverse X O Agent I so that we can return the card to you. 0 Addressee B. Received by (Pdnted Name) I C. Date of Delivery I ■ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different fiorn item 17 ❑ Yes , PS Form 3811, April 2015 PSN 7530 -02- 000 -9053 Domestic Return Receipt If YES, enter delivery address below: ❑ No Orange County Clerk- Recorder P.O. Box 238 Santa Ana, CA 92702 -0238 Service II I lIIII I I!I I VI I I I II I V III I I VIII I II III"' III 0 Adun Signature ❑Registered Mall 0 ulItSlgnature Restricted Delh ❑ R Istered Mall Ras�Mcted, 9590 9403 0167 5120 8926 73 0 Certtled Mall Restricted Delivery )(Patin RecW for 0 Collect on Delivery � WeiMand w -9_ AMrla Number.rrransfer fiarn_sgngce label)_ —_ ❑ Collect on Delivery Restricted DeMr, ,ed Mall Signature ConflnneWn^' 0 Signature Conflnnatlon 7009 0820 0000 0507 4477 J.VRa:ewted Deinrery I Restricted Denvery PS Form 3811, April 2015 PSN 7530 -02- 000 -9053 Domestic Return Receipt I i I i UNITED STATES POSTAL SERVICE First -Class Mail Postage &Fees Paid USPS Permit No. G -10 • Sender: Please print your name, address, and ZIP +4® in this box* City Clerk Robin Roberts City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 PIA��PdInItl�VNtl'I'I'NN 9590 9403 0167 5120 8926 1 0 0 PUBLIC WORKS AGREEMENT Seal Beach Parking Lots Data and Electrical Undergrounding Project CIP NO. ST 1207 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 ?� Ramco General Engineering Contractors 10545 Dale Road Agua Dulce, CA 91390 (818) 272 -4221 (661) 268 -7353 - FAX THIS AGREEMENT is made as of the 12`h Day of October 2015, by and between the City of Seal Beach, a California charter city ("City "), and Ramco General Engineering Contractors, a General Contractor ( "Contractor "). 0 0 RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Seal Beach Parking Lots Data and Electrical Undergrounding Project CIP No. ST1207 ( "Project ") with respect to design criteria; and B. WHEREAS, Contractor has submitted a bid to City for the Project dated September 23, 2015 in the amount of $49,400 ("Accepted Proposal" hereinafter). The Accepted Proposal is attached hereto as Exhibit G and contains, among other things, provisions defining the Project scope. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: AGREEMENT 1. Contractor's Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Agreement, Contractor shall perform and complete in good and workmanlike manner all work ("Work ") required by this Agreement and the documents listed in Subsection 1.2 for the Project. 1.2 Contract Documents. The "Contract Documents" that comprise the agreement between the City and the Contractor are the: Notice Inviting Bids, Instructions to Bidders, Accepted Proposal, Non - Collusion Affidavit, Bid Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms for Check or Bond, Specifications, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, this Agreement, Exhibits attached to this Agreement, including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers' Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Agreement. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 0 0 1.4 In the event of any material discrepancy between the express provisions of this Agreement and the provisions of the other Contract Documents, the provisions of this Agreement shall prevail. 2. Effective Date. This Agreement is effective as of October 12, 2015 (the "Effective Date "), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 3. Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of $49,400, subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. The City Manger may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 4. Contractor's Personnel. 4.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law and by the Notice Inviting Bids /Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of city officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the work performed pursuant to this Agreement. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Indemnification. 5.1 Contractor's Duty. Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees ") free and harmless from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim," collectively, "Claims "), in any manner arising out of or incident to the performance of the Agreement, including without limitation, the payment of all consequential damages and attorneys' fees and other related costs and expenses. Further, Contractor shall appoint competent defense counsel, at Contractor's own cost, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of the Agreement that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Agreement. Contractor shall reimburse the City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable. 5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1, Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any bid protest. 5.3 City's Sole Negligence. Nothing in Section 5.1 shall be construed to require Contractor to indemnify Indemnitees for that portion of any Claim to the extent arising from the sole negligence or willful misconduct of the Indemnitees. 0 0 5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation 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. 5.6 Survival. The provisions of this Section 5 shall survive the termination of the Agreement and are in addition to any other rights or remedies that 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 ofjudgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 6. Insurance. 6.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subcontractors. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D -1: Additional Insured Endorsement - Commercial General Liability. Automobile Liability. 6.1.2 Exhibit D -2: Additional Insured Endorsement - 6.1.3 Exhibit D -3: Additional Insured Endorsement. 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 0 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured — Owners, Lessees or Contactors (Form B). 6.2.4 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.2.5 Professional Liability insurance. Unless the City waives in the requirement for professional liability insurance, Contractor shall provide to City the standard form issued by the carrier. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 6.3.3 Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. 6.4 Deductibles and Self - Insured Retentions. Contractor shall inform City of any deductibles or self - insured retentions except with respect to any professional liability insurance. 6.5 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.5.1 City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. 6.5.2 For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self - insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it. 6.5.3 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5.4 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. 6.5.5 Each insurance policy, except for any professional liability policy, required by this Section 6 shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. 6.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIlI unless waived in writing by City's Risk Manager. 6.7 Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 7. Liquidated Damages. Should the Contractor fail to complete the project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $750.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 0 0 8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Agreement. 9. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211 -8th Street Seal Beach, California 90740 Telephone: (562)4')1-2527 Fax: (562) 493 -9857 With a copy to: Public Works Director City of Seal Beach 211 -8th Street Seal Beach, California 90740 If to Contractor: Ramco General Engineering Contractors 10545 Dale Road Agua Dulce, CA 91390 Telephone (818) 272 -4221 Fax: (661) 268-7353 Attn: Emilio Ramirez, Owner 10. Non - Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12. Non - Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall • • the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 13. Attorneys' Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including all attorneys' fees incurred in connection therewith. 14. Construction. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 15. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations, or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. 16. Severability. The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. (Intentionally Left Blank) i w CITY OF SEAL BEACH CONTRACTOR: By: _ By: (� EtWIngram, City Manager Name: eWf t.0 Title: aw (� Atte By: kv OA c�J By: _ T nR�p, i Cgl rk Name: Obi n L -of' IS Title: Approved as F sy: Cr *o l ity A torney Bond No. CE11510700703 KNOW AU. PERSONS BY THESE PRESENTS that: Bond Premium $1,359.00 Final Premium will be based PERFORMANCE BOND on final contract price WHEREAS the City of Seal Beach, has awarded RAMCO, General Engineering Contractors 10545 Dale Road, Agua Dulce, CA 91390 ( "Principal "), a contract (the "Contract ") for the work described as follows: Seal Beach Parking Lots Data and F. lectricalUnderuoundingProjectClP No. ST1207. 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 Philadelphia Indemnity Insurance Company One Bala Plaza Suite 100 Bala Cynwyd PA 19004 (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 FOURTY NINE THOUSAND, FOUR HUNDRED Dollars (549,400.00), 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 inderratify 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 attomeys' fees in an amount fixed by the court. FURTHER, the Surety, value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification.to the returns of the Contract, or of the work to be performed there under, or the specifications for the same, sha!1 in any way affect its ^bhgatiens under this bond, and it does hereby waive nntise 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 there under. 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. 1 4 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: November 12, 2015 "Principal" RAMCO, General Engineering Contractors 0 Its "Surety" Philadelphia Indemnity Insurance Company By_ s A. s—e Its Attorney- in -fac 0 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. By: Its 0 Its "Surety" Philadelphia Indemnity Insurance Company By_ s A. s—e Its Attorney- in -fac 0 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. California All- Purpose Certificate of Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange S.S. On November 12, 2015 before me, Derek Syme, Notary Public Nome of katery lOLIIC lcie personally appeared Steven A. Swartz Ycr:e of S:g:w•;!! Norm n. Sinne• j < " who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /axe subscribed to the within instrument and acknowledged to that he /alt� executed the same in his /lark authorized capacity(mi ), and that by his /ked# ak signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DEREKSYME ConuMSrion / 2129859 = Notary k ry Pub - California Z Oranpa county Comm EXPIM Aug 15 2019+ sfal OPTIONAL INFORMATION Althouy7h the information, rn this section is net required by taw, it Ccutd erevont fraudulent removal and reattachment of this acknowledgment to an unaWhofized document and may prove rsofut to pe'r, oCns rciwng oo the attached documoot. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled /for the purpose of Performance Bond No. CE11510700703 containing 2 pages, and dated November 12, 2015 The signer(s) capacity or authority is /are as: ❑ Individual(s) X Attomey -in -fact ❑ Corporate Officer(s) l Guardian /Conservator Partner - Limited /General Trustee(s) Other. r,ile•sl representing: Philadelphia Indemnity Insurance Company Method of Signer Identification Proved to me on the basis of satisfactory evidence: ❑ fonn(s) of identification ❑ credible witness(es) Notarial event is detailed in notary journal on Page# Entry # Notary contact: _other ❑ Additional Signer p Signer(s) Thumbprints(s) ,: C09- ?0-�- !do[arY e.rr `ca r,, iltr -- i. ?)his ^neservea yr, -a., .0 tunas .-cp es of this "umr hom our4 ,h s,z ai vnmv.TheNc+tarysSter, cc ^. 7028 KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Steven A. Swartz, Kelly Speeht, Lorie Mandel, and Nick! Swartz, Michael Herranen and Thomas C. Buckner of the City of San Clemente, State of California of South Coast Surety, its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizanees and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000.000.00. This Power of Attomey is granted and is signed and Sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the III day of July. 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Atmo ey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHFRFOF. PHILADELPHIA INDEMNI'T'Y INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 10m DAY OF JUNE 2013. o? (Sul) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 10" day of June 2013, before me came the individual who executed the preceding instmment, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. (XXIMOsWEInni OF Kn LVAMU Were'. s, ArG416p. rlWryRdc tmr'n Huai il+P IMm'WYs re. mu 4% mlAmvm oc .snug rn.s:v:vu r�ennwor oru¢s Notary Public: (Notary Seal) residing at: Bala Cvnwvd PA My commission expires: December 18, 2016 I, Edward Savage. Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY. do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 10"i day of June 2013 true and correct and are still in full force and effect. f do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this tQ day of Rollitloz Q �� 927 e d¢ Edward Savage, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 190040950 Power of Attornev A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) Couniy of O.C.t.✓t1�' ) On "045, before me, _,O�FS'i' E3� Date 1-.'ere Insert Name and Title of the Officer personally appeared Afarne(s) of who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /herAheir authorized capactiy(ies), and that by In ls /hec their Sig naiure(s) on the !us im -nent the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KALPESH BHATT Commission # 2070032 'a -m^ Notary Public • California z orange County M Comm. Wires Jun 1, 2018 Place Notary Seal Above I certify under PENAI TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1A/ITNES i hand and official seal. Signature Signature of Notary Public Though this section is optional, completing this information can deter alteraiion of the document or fraudulent rea&.chment of this form to an unintended document. Dasavip- -40i3 Olt .`�1'i(irl Oieeil �OII� i�l�C -'Big Title or Type of D ocument Dale: /ZZ,d ®��s Number of Pages: Lh Signer(s) Other Than Named Above: Caloacii'y(ies) ciaii-acd by sicUneir(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney ❑ Trustee ❑ Gu ❑ Other: Signer Is Re erting: or Conservator Signer's Name Leorate Officer — I itl El Patner — ❑ Li ❑ General ❑ Individu ❑ Attorney in Fact ❑ e ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ��cu,�.z:v..��;< =-� v.. ��4u�ir <- -�c°u.�v�e�.��c,�:�c•,vw c�u,�`�cxzu����,�c�u�c =c�c; >;�: -mss 02014 National Notary Association • 1vww. National Notary. oig • 1- 800 -US NOTARY (1 -800 -876 -6827) Item #5907 Bond No. CE11510700703 Bond Premium Included in Performance Bond PAYMENTBOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that WHEREAS the City of Seal Beach, has awarded to RAMCO, General Engineering Contractors 10545 Dale Road, Agua Dulce, CA 91390 ( "Principal "), a contract (the "Contract ") for the work described as follows: Seal Beach Parking Lots Data and Electrical Undererrounding Protect CIP No_ STI207. 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, wc, the undersigned Principal, and Philadelphia indemnitV Insurance Company One Bala Plaza Suite 100. Bala Cvnwvd. PA 19004 (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 FOURTY NINE THOUSAND, FOUR HUNDRED Dollars (S49,400.00) 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 agr cs 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. 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: November 12, 2015 "Principal" RAMCO, General Engineering Contractors By: Its "Surety" Philadelphia Indemnity Insurance Company $y; even A. Swartz is Attorney -in -fact By: 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. By: Is By: Its "Surety" Philadelphia Indemnity Insurance Company $y; even A. Swartz is Attorney -in -fact By: Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. J 20_9-20 Nit ry :e, nn (,F ter - Hl� ,? gb c Reserved Y'<t N. .urcha. e ropes - aw, lorni from our w '� - to at n.w < ?he�otarysutnrn.ro.r California All- Purpose Certificate of Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 4 ss. County of Orange 1 On November 12, 2015 before me, Derek Syme, Notary Public Name or r.clsry nurac one personally appeared Steven A. Swartz N/A Nwi,e of S:p- r12) who proved to me on the basis of satisfactory evidence to be the person($) whose name($) is /axe subscribed to the within instrument and. acknowledged to me that he /sketWsy, executed the same in his1h&d$bair authorized capacity(ies), and that by his/hafteir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws DEREK SYME 2% of the State of California that the foregoing paragraph is Commission t 2123959 true and correct. Notary PuD9e- California Z Orange County WITNESS my hand and official seal. Comm MI gq 15 2019+ Seal JqialllrC OI Alpt�n. r'UOi'L OPTIONAL INFORMATION - - Although the itiformat!oo in this section is not required bl, taw, it could prevent( froudulent removal and reattachment of this ac oowlcagioent to an unaulhor[zed docurnem and may prow_ userud to porsons reyit g r i the attache'! document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification document titled /for the purpose of Proved to me on the basis of satisfactory evidence: Payment Bond No. CE11510700703 ❑ form(s) of identification ❑ credible witness(es) containing 2 pages, and dated November 12, 2015 Notarial event is detailed in notary journal on The signer(s) capacity or authority is /are as: Page# Entry#_ ❑ Individual(s) Notarycontact: X, Attomey-in-fact ❑ Corporate Officer(s) 11i'" ❑ Additional Signer ❑ Signer(s) Thumbprints(s) ❑ O Guardian /Conservator ❑ Partner - Limited /General _ E3 Trustee(s) ❑ Other: representing: Philadelphia Indemnity Insurance Company J 20_9-20 Nit ry :e, nn (,F ter - Hl� ,? gb c Reserved Y'<t N. .urcha. e ropes - aw, lorni from our w '� - to at n.w < ?he�otarysutnrn.ro.r 7029 KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania does hereby constitute and appoint Steven A. Swartz, Kelly Speeht, Lorie Mandel, and Nicki Swartz, Michael Herranen and Thomas C. Buckner of the City of San Clemente, State of California of South Coast Surety, its tore and lawful Attomey -in -fact with full authority to execute on its behalf bonds, undertakings, recognizari and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25.000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority ofthe following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I" day of July. 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorneys) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, my such Attomey -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDBMNI "fY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS IOru DAY OF JUNE 2013. ..w......... +.— F......,, S'q (Seal) ......,, Robert D. O'Lcary Jr.. President & CEO Philadelphia Indemnity Insurance Company On this 1 V day of June 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. c9MM WMn1O KNE LLVMM wauzw Mob" A oss". N[t W nRk 1pMrllumlMPat�raNY 1. 927 4 F mnmmsni u�c te, mw oc C t✓ i.eieq wrsnr..u.�omaa.aruurs v Notary Public: residing at: Bala Cymvvd. PA (Notary Seal) My commission expires: December 18 2016 1, Edward Sayago. Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors acid this Poyver of'.4ttomey issued `;.ursuant thereto on this 10 "' day to- June 1013'tme aid uome.t and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of � �o• .SGyi n'S r 1. 927 4 F Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St, Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004 -0950 Power of Attorney Gi1tLOL °r L P7li\ 1L p ¢ wE';�t,._G ArUGsL;J [:0 ',6rdr ]u Y„ 1113 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of �J -��✓Fe ) On before me, _ ow '✓y�9� , Date Here Insert Name and Title of the Officer personally appeared Name(s) of who proved to me on the basis of saPisfactory�nce 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 iris /her /their authorized capaciiy(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. 5 KALPESH BHATT Commission # 2070032 z,_m Notary PubliC - California n Z .. Orange County M Comm. Ex fires Jun t, 2018 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m sand and official seal. Signature gnature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. �eu.Y'71 ?'iPON o'f ;1''edaci�ecl fJJi_1�10)en'. J: Title or Iype of Doc t: —�✓r BO�� Document Dade: Number of Pages: Signer(s) Other Than Named Above: Oajo@c_ Ky(ies) clainiccl by Signers) Signer's Name: ❑ Corporate Officer — Tiff e(s): ❑ Partner — ❑ Limited ❑ ral ❑ Individual ❑ ey in Fact El Trustee Guardian or Conservator ❑ Other: Signer epresenting: Signer's Name: ❑ Corporate Officer —' e s): ❑ Partner — nited ❑General El In ' ' ual ❑ attorney in Fact ❑ L e ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association , www.NiationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907