HomeMy WebLinkAboutItem PI
AGENDA REPORT
DATE:
August 27, 2001
TO:
Honorable Mayor and City Council
THRU:
John B. Bahorski, City Manager
FROM:
Doug Danes, P.E., Director of Public Works / City Engineer
SUBJECT:
AWARD BID FOR CONSTRUCTION OF
COASTLINE /CARMEL AVENUE STORM DRAIN
REPLACEMENT CIP #50056
SUMMARY OF REQUEST:
The proposed action will award a contract for the replacement of the Coastline /Carmel
Avenue Storm Drain to the lowest responsible bidder, BNB Engineering Inc., in the
amount of $43,500 and authorize the City Manager to execute same.
This project consists of replacing a storm drain within an easement between two
properties on Coastline Drive prior to the rainy season. The existing storm drain has
deteriorated to a point of failure. The 18" corrugated metal pipe has corroded and should
be upsized, according to the drainage master plan, with a 24" diameter pipe. Refer to the
Master Plan of Drainage Section 6, Recommended Improvements for more information
and detailed figures. This project is essential and failure to accomplish will pose a threat
to public safety due to possible flooding.
The plans and specifications were completed by W.G. Zimmerman Engineering.
Three bids were received and opened by the City Clerk on Wednesday, August 22, 2001 as
listed below:
BNB Engineering $43,500.00
Atlas Allied $50,500.00
Southern California $67,000.00
Undergrounding
The low bidder is properly licensed to do the work and has appropriate work experience as
well as being the lowest responsible bidder for the project.
Agenda Item 1P
FISCAL IMPACT:
Funds are available in the project budget within the approved capital improvement
program for this work.
RECOMMENDATION:
Upon motion of the consent calendar, it is recommended that the City Council:
1. Award the construction contract for the replacement of the Coastline /Carmel
Avenue Storm Drain, Project CIP# 50056 to the lowest responsible bidder, BNB
Engineering Inc., in the amount of $43,500 and authorize the City Manager to
exec same
.Douglas A. Danc , tre tc Works /City Engineer
Agenda Item _
�o�
PRE -SID MEETING
COASTLINFfCARMEL AVE. STORM DRAIN REPLACEMENT
Project No. CIP 50056
August 16, 2001
Name: I Comp an y I Phone No. I Fax No.
I e,) S&f s�72W3 -5�Q?i (a. -) P3—
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above - entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24175. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to -wit: Ir
all in the yedr 200
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct!
Dated at Seal Beach, CA,
this y of 2 01.
M
(Pgnature
PUBLIC N PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430 -7555 • (949) 759 -7726
This space is for the County
Clerk's Filing Stamp
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:.. . ................................................................. ..............................1
CONTRACT DOCUMENTS ........................................... ..............................1
DOCUMENTS TO SUBMIT UPON AWARD: ............................................
I
PUBLIC WORKS CONTRACT ....................................... ..............................3
PERFORMANCE BOND ................................................. ..............................5
INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND
WAIVER OF SUBROGATION AND CONTRIBUTION ............................9
AGREEMENT TO COMPLY WITHCALIFORNIA LABOR LAW
REQUIREMENTS........................................................... .............................10
STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES
CONCERNING THE CONTRACTORS' LICENSING LAWS ..................11
INSURANCE REQUIREMENTS ................................... .............................13
WORKER'S COMPENSATION CERTIFICATE OF INSURANCE .........15
ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE
GENERAL LIABILITY .................................................. .............................16
ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY
.......................................................................................... .............................18
ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY ........
20
PUBLIC WORKS CONTRACT
Coastline /Carmel Avenue Storm Drain Replacement, Project No. CIP 50056
For the following project named Co tI ire /Carmel Av a Storm brain Replacement #CIP 50056
,in the City of Seal Beach. �1
THIS AGREEMENT, made and entered into this �/ �z day of 200/, by and
between the City of Seal Beach, California, hereinafter r fetred to as the "C ;' Party of the First Part,
and
$N9 ElSjINEERII, LAC.
hereinafter designated as the "CONTRACTOR," Party of the Second Part.
WITNESSETH: That the Parties do hereto annually 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 famish at his own proper cost and expense all
tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be
Incrusted by the CITY), and to do everything required by this Agreement and the said Specifications,
Drawings, and Contract Documents.
ARTICLE 11. 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 home 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 heirs, executors, administrators, successors and assigns, do hereby
agree to the full performance of the covenants herein contained.
ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned
therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are
hereby incorporated in and made a part of this Agreement.
ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is
hereby specifically referred to and by this reference is made a part of this contract. It is further expressly
agreed by and between the parties hereto that should there be any conflict between the temp of this
instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing
herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
ARTICLE VI. By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions
of Section 3700 of the Labor Code which require every employer to be insured against liability for
workmen's compensation or to undertake self-insurance in accordance with the provisions of that code, and
I will comply with such provisions before commencing the performance of the work of this contract.
i
IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year
first above written.
CITY OF BE , CALIFO
Party of a Firs P
BY
City Manage
,ATTES `. QT$ I ITC.
r:
BY
Title Vlce essi en
2602'S. Hal ladab Street Santa Am, CA
Address
Bond No.
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarded
(Name and address of Connector)
( "Principal "), a contract (the "Contract ") for the work described as follows:
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
(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
Dollars (S 1, 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, administaton, 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 any keep and perform all the undertakings, teams, covenants, conditions and agreements in the
Contact and any alteration thereof made as therein provided, on the Principal's part to be kept and
performed, all within the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and
others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain
in full force and effect.
In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'
fees in sit 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
Contact or to the work or to the specifications thereunder. Surety hereby waives the provisions of
California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all
rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and
Bond No. 543 77 06 Bond Premium $1,088.00
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarded
(Name and address of Contractor)
( "Principal "), a contract (the "Contract") for the work described as follows:
COASTLI CARMEL AVENUE STORM DRAIN REPIACEM E
WHEREAS, Principal is required under the terms of the Contract to famish a bond for the faithful
performance of the Contract.
( "Surety") a duly admitted surety insurer order the laws of the State of California, as Surety, are held and
firmly bound auto the Public Agency in the penal sum of FORTY -THREE THOUSAND
Dollars (S 44.500.00 ), 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 only keep and perform all the undertakings, terms, covenants, conditions and agreements in the
Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and
performed, all within the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and
others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain
in full force and effect.
In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'
fees in an amount feed 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 he performed thereunder,
or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby
waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the
Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of
California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all
rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and
Surety, on the date set forth below, the name of each corporate parry being hereto affixed and these
presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated: SEPTR4BER 7, 2001
"Principal" "Surety"
BNB ENGINEERING, INC. GREAT AMERICAN INSURANCE MAPANIES
By: By
Its T 4ul rer, Vice President ad ame armen orney -in -Fact
By:
Its
m
(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 ACKNOWLEDGMENT
State of California
County of
before me, YR+y "'` • ^ —�
aaam am rmwo ce9.,—ne was. fKav, NW
personally appeared
na
Place Notary SealMi-
Xpersonally known to me
proved to me on the basis of satisfactory
evidence
to be the person whose nam
subscribed to the acknowledged to m04 executed
the same in authorized
capacity(i an is klthK
signature on the instrument the persona, or
the entity upon behalf of which the perso*
acted, executed the instrument.
WITNESS my hand and official seal.
W
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached DpFumenp �
Title or Type of Document: N N -M�r� G
Document Date: 91-110t Number of Pages: / �`6
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
• Individual
• Corporate Officer — Ttle(s):
• Partner — ❑Limited 13 General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
®193] Natimal Noary Assocatlon 9350 Ce Sob AVe., PO. Bm 34111 C�atswonp CP Y V V [au[ rmo. rvo. oaw newue,. ,.eu mn nec rwv orwaar
0 0 0
GUATMERIGMY INSURMCE COMPAW"
580 WALNUT STREET. CINCINNATI, OHIO 45202. 513- 369 -5000 • FAX 513 - 723 -2740
The number of persons authorized by
this power of attorney is not more than No. 0 13440
THREE POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized
and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below
its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability ofthe said Company on any
such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
DONALD P. SHARP ALL OF ALL
BETTY JO PEACOCK VISALIA, UNLIMITED
JANIE CA144EN CALIFORNIA
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by
its appropriate officers and its corporate seal hereunto affixed this 1St day of February , 1999
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO. COUNTY OF HAMILTON — ss
On this 1St day of Febrnacy, 1999 , before me personally appeared DOUGLAS R. BOWEN, to me
known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great
American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed
by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American
Insurance Company by unanimous written consent dated March I, 1993.
RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, orally one ofthem, be
and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute on behalfofthe Company, assurety, anyand all
bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof,' to prescribe their respective duties and the
respective limits of their authority; and to revoke any such appointment at any time.
RESOLVEDFURTHER: That the Company seal and the signature ofany ofthe aforesaid offerers and any Secretary or Assistant
Secretary of the Company maybe affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,
undertaking, contract orsurelyship, orother written obligation in the nature thereof, such signatureandsea/ when soused beingherebyadopiedby
the Company' as the original signature efsuch officer and (he original seat of the Company, to be valid and binding upon the Company with the
same force and effect as though manually affixed
CERTIFICATION
1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full fora and effect.
Signed and sealed this 7th day of September 2001
SIONS(131971
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of Califo
County of Tulare
Na He
On Spntember 7- 2n01 before me, Mellissa L Hill Notary Public
OATS - NAME, TTLE OF OFFICER- E.G., 'JANE WE, NOTARY PUBLIC
personally appeared Janie Carmen
NAME(SI OF SIGNERI
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and ac-
knowledged to me that he /she /they executed
the same in his /her /their authorized
capacity(ies), and that by his /her /their
MELLISSA L.HILL signature(s) on the instrument the person(s),
NOCOMTARYK #131021 or the entity upon behalf of which the
MaLIC-GL60flNN E Y P
TAN^ person(s) acted, executed the instrument.
f t, Comm. Expires Jum 23, 2005
WITNESS my hand and official seal.
BgNATURE OF NOTARY
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
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TmEB
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ER ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/cONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME CF PEFSIX�IS) Ofl ENmYIlE3)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. BOX 7184 - Canoga Park, CA 91308 -7184
Bond No. 543 77 06 Bond Premium Included in Performance Bond
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarded to BNB ENGINEERING INC.
SOUTH HALADVY S1
(Name and address of Contractor)
( "Principal "), a contract (the "Contract') for the work described as follows:
AVM STORM DRAIN REPLACEMENT
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure
the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law.
NOW, THEREFORE we
GREAT AMERI O
( "Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and
firmly bound into the Public Agency in the penal sum of TWENTY -ONE THOUSAND
Dollars ($ 21 710 (10 this amount being not less than fifty percent
(50 %) of the total contract price, in lawful money of the United States of America, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors,
and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her
or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the
persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment
Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance
Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an
amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and
void.
This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil
Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In
case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'
fees in an amount fixed by the tour.
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 perforated 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
CALIFORNIA ALL - PURPOSE ACKNOWLFneurl
State of California
County of yy,,,,�r p as.
Q, ,��
On � /'�I 'V I. before me,
one 1Q N.m..na rmagomm(ea.'�aae o :. Nq•ry wawn
personally appeared
Neme(el g5gnx(sl
DAN NL IA BORIE
ComrnLssion # 7206622
Nofory Public- CaGfomio £
QorrgeCOUn1y
MyComm.Fi�hes,lont,20¢3 J
PIXguahlsaal as
.personally known to me
❑ proved to me on the basis of satisfactory
evidence
s be the to the namept is�ijl�
subscribed to the with' I t
trument and
acknowledged tome at 6executed
the same in hi h uthorized
capacity s), an that y Is ham�..
signatur on the instrument the c o
the entity upon behalf of which the persontwi
acted, executed the instrument. YVI
WI SS y hand and o I :!a al.
�. l
e
---'a. gery loo.
OPTIONAL
Though the information below is nor required by law, d may prove valuable to persons relying on the document
and could prevent freudulent mmoval and reaaachrol of this Porm to another document.
Description of Attached Documerl twt -}- °"°'fib , - e
Title or Type of Document: _ 1
Document Date: �IiI0 1 Number of Pages:
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer
Signer's Name: _
❑ Individual
❑ Corporate Officer— Title(s): Top ouhumb her
❑ Panner — ❑Limited ❑General
❑ Attorney in Fad
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
vi, �n au, >ecv[ Fora. No 5907 beat Call ball - Free 1.9We16890P
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: SEPTEMBER 7, 2001
"Principal" "Surety"
11',URMZ
O
BT: BY: d�. ii
its Pmnl B,.e er, Vice President a Jame Carmen Attorney -in -Fact
By: By:
Ia 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.
0 0 0
Gi MNliERICIN INSWLWCE COMPANY'
580 WALNUT STREET. CINCINNATI, OHIO 45202. 513- 369 -5000. FAX 513- 723 -2740
The number of persons authorized by
this power of attorney is not more than No.0 13440
THREE
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized
and existing under and by virtue ofthe laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below
its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any
such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
DCNAIE) P. SHARP ALL OF ALL
BEPPY JO PEAC= VISALIA, UNLIMITED
JANIE CA144EN CALIFORNIA
This Power of Auorri revokes all previous powers issued in behalf of the auorney(s) -in -fact named above.
IN WITNESS W H ER FOE the GREAT AM ERICAN INSU RANCE COM PANY has caused these presents to be signed and attested by
its appropriate officers and its corporate seal hereunto affixed this 1st day of Febnlaxy , 1999
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO, COUNTY OF HAMILTON —a,
On this 1St day of February, 1999 ,before me personally appeared DOUGLAS R. BOWEN, to me
known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great
American Insurance Componv, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed
by authority Of his office under the By -Laws of said Company, and that he signed his name thereto by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American
Insurance Company by unanimous written consent dated March I, 1993.
RESOLVED: That the Division President, theseveral Division Vim Presidents and Assistant Vice Presidents, oranyone ofthem,be
and her is authorized, from time to time, to appoint one ormom Attorneys -In -Fact to execute on behatlofthe Company, assurety, anyandall
bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof,' to prescribe their respective duties and the
respective limits oftheir authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature ofany of the aforesaid officers and any Secretary or Assistant
Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,
undertaking, contract orsurelyship, orother written obligation in the nature thereof, suchsignatum andmal when soused beingherebyadopted by
the Company as the original signature ofsuch offirerand the original seal ofthe Company, to be valid and binding upon the Company with the
same force and effect as though manually affixed.
CERTIFICATION
1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and arc now in full fora and effect.
Signed and sealed this 7th day of September . 2001
SIGNS f 111971
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of Califo
County of Tulare
On September 7 2001 before me, Mellissa L. [-till, Notary Public ,
DATE NAME,ITRE OF OFFICER- EO.,'JANE ME, NOTARY%18LIC'
personally appeared Janie carmen
NAMES) OF S,ONER(S)
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and ac-
knowledged to me that he /she /they executed
the same in his /her /their authorized
capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s),
MELDSSA L. HILL or the entity upon behalf of which the
COMM. #1310291
NOTARY POW-CALIFO RNIA persons) acted, executed the instrument.
nitAllE catx+n
My Comm. Expires June 23, 2005
WITNESS my hand and official seal.
11 1r r f A--I
SIGNATUREOFMJTARY
OPTIONAL
n, , 17
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
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENIV IFSI
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 623611emmel Ave., P.O. Box 7184 - Canoga Park, CA 91309 -0186
INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF
SUBROGATION AND CONTRIBUTION
CZPR 50056
TITLE OF PROJECTOR WORK: Coaetline/Cannel Ave Storm brain Relplacer f
Indemnitor(s) (list all names):
A*$ EKjZNEE2ZTC
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 "Indenta tees") 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 Indemnteor 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
Indemnteee shall be conclusive in favor of the Indenmitee's right to recover under this indemnity provision.
Indermitor shall pay hidemnftees 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) Indemontees' 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. Indemnion, 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 Indemnttor 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
Indemnttor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint
and several.
" Indemnttor"
Name Z DE. Name:
By: _ By: _
Its V% dent
AGREEMENT TO COMPLY WITHCALIFORNIA LABOR LAW REQUIREMENTS
[Labor Code §§ 1720, 1773.8,1775 ,1776,1777.5,1813,1860,1861, 37001
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the
Following provisions of California law:
1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7,
Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the
awarding public agency ( "Agency ") and agrees to be bound by all the provisions thereof as though set forth
in full herein.
2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which
requires the payment of travel and subsistence payments to each worker needed to execute the work to the
extent required by law.
3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775
concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay
prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50)
for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined
by the Director of Industrial Relations for the work or craft in which the worker is employed for any public
work done under the contract by Contractor or by any subcontractor.
4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which
require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such
payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the
location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of
its subcontractors.
5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5
concerning the employment of apprentices on public works projects, and further agrees that Contractor is
responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1813
concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency,
forfeit twenty -five dollars ($25) for each worker employed in the execution of the contract by the
Contractor or by any subcontractor for each calendar day during which such worker is required or
permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in
violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to
secure the payment of compensation to its employees. In accordance with the provisions of California
Labor Code Section 1861, Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to
be insured against liability for worker's compensation or to undertake self - insurance in accordance with the
provisions of that code, and I will comply with such provisions before commencing the performance of the
work of this contract."
Date 9 —I1 -01 Signature
Paul $ieb¢r. Vice President
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STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE
CONTRACTORS' LICENSING LAWS
[Business & Professions Code § 7028.15]
[Public Contract Code § 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the
entity on whose behalf this certification is given, hold a currently valid California contractor's license as set
forth below (required at time of award) :
Business & Professions Code § 7028.15:
(a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage
in the business or act in the capacity of a contractor within this state without having a license therefor,
except in any of the following cases:
(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
Contact 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 licenaure.
(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 contact or issuing a purchase order, verify that the contractor was properly
licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of
the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a
public entity who knowingly awards a contract or issues a purchase order to a contractor who is not
licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall
be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued
to, a contractor who is not licensed pursuant to this chapter is void.
(f) Any compliance or noncompliance with subdivision (e) of this section, as added by
Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency
during which time that subdivision was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this section if
the public employee, officer, or employing agency made an inquiry to the board for the purposes of
verifying the license status of any person or contactor 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 pan where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be hcereed 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 fit at payment for work or material under any contract shall not be made unless and until the
Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board
indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or
contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not baited
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.: 620.582 Class: AA Z Expira' date: 5 13112003
Date 9 -11 -01 Signature
12
INSURANCE REQUIREMENTS
FOR CITY OF SEAL BEACH
PUBLIC WORKS CONTRACT
LIABILITY INSURANCE
The Contractor shall at all times during the terms of the Contract carry, maintain, and keep in full force and
effect a policy or policies of comprehensive general liability insurance in which the City, along with its
City Council and each member thereof, and every officer, official, agent, attorney, employee or volunteer
of the City, is the named insured or is named as an additional insured with the Contractor in accordance
with the General Provisions. The insurance company issuing such policy(ies) most 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.
13