HomeMy WebLinkAboutAGMT - General Pump Company Inc (Beverly Manor Welll Rehabilitation Project CIP No WT0904)PUBLIC WORKS AGREEMENT
BEVERLY MANOR WELL REHABILITATION
PROJECT CIP NO. WT0904
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
General Pump Company, Inc.
159 N. Acacia Street
San Dimas, CA 91773
(909) 599-9606
FAX: (909) 599-6238
THIS CONTRACT ("Contract") is made as of October 10, 2022, by and between the
City of Seal Beach, a California charter city ("City"), and General Pump Company, Inc.,
a California corporation ("Contractor"), (collectively, "the parties" and individually, a
"party„).
RECITALS
A. WHEREAS, the City Council of the City of Seal Beach ("City") approved the
plans and specifications for the Beverly Manor Well Rehabilitation (CIP No.
WT0904) ("Project") with respect to design criteria, and based thereon the City
issued a Notice Inviting Bids dated August 4, 2022; and
B. WHEREAS, Contractor submitted a Bid to City for the Project dated September
8, 2022 in the amount of $613,055 ("Bid" hereinafter) in response to the Notice
Inviting Bids; and
C. WHEREAS, Contractor is a California licensed A, C-57, and C-61 Contractor
(State Contractor's license number (License #496765), DIR
#1000002769;and
D. WHEREAS, pursuant to the authority provided by its City Charter and Seal
Beach Municipal Code, City desires to engage Contractor to carry out the Project
in the manner set forth herein and more fully described in Section 1.0.
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto agree
as follows:
CONTRACT
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 Contract, Contractor shall perform and complete in good and workmanlike manner
all work ("Work") for the Project identified as Beverly Manor Well Rehabilitation
("Project") as described in this Contract and in the Contract Documents listed in
Subsection 1.2.
1.2 Contract Documents. The Contract Documents consist of this
Contract and all the following: Notice Inviting Bids, Instructions to Bidders, Accepted
Bid Proposal and Bid Sheets, Notification of Award, Noncollusion Declaration,
Designation of Subcontractors, Contractor's Industrial Safety Record, Contractor's
Technical Ability and Experience References, Resumes, Bidder Questionnaire, Bid
Bond, Faithful Performance Bond, Payment Bond (Labor and Materials), permits from
regulatory agencies with jurisdiction, Special Provisions, Specifications, General
Provisions, Plans, Standard Plans, Reference Documents, and any other 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, Change Orders, 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; and all Exhibits attached to this Contract. The Exhibits attached to
this Contract include the Performance Bond (Exhibit A), Payment Bond (Labor and
Materials) (Exhibit B), Workers' Compensation Insurance Certificate (Exhibit C),
Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties
Concerning Contractor Licensing Laws (Exhibit E), Acknowledgment of Labor Law
Requirements (Exhibit F), and Accepted Bid Proposal with Bid Sheets (Exhibit G). All
Contract Documents are hereby incorporated into this Contract.
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.
1.4 In the event of any material discrepancy between the express
provisions of this Contract and the provisions of the other Contract Documents, the
provisions of this Contract shall prevail.
2. Effective Date. This Contract is effective as of October 10, 2022 (the
"Effective Date"), and shall remain in full force and effect until Contractor has rendered
the services required by this Contract and a Notice of Completion has been filed with
the Orange County Recorder, unless sooner terminated or extended pursuant to this
Contract.
3. Contractor's Compensation.
3.1 Payment. For performing and completing the Work in accordance
with the Contract Documents, City shall pay Contractor, in accordance with the Bid
Proposal as full compensation therefor, but in no event will City pay more than the total
not -to -exceed amount of $613,055.00 (Six Hundred Thirteen Thousand, Fifty -Five
dollars and 00/100), 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.
3.2 Additional Work. The City Manager may authorize extra work to
fund unforeseen conditions up to the amount approved at the time of award by the City
Council, subject to the not -to -exceed amount set forth in Section 3.1. 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 the Seal Beach Municipal Code and other state and local laws 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, volunteers, and those City 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 Contract. 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 Contract, 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 Contract.
4.5 City shall have the right to offset against the amount of any fees
due to Contractor under this Contract 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. To the fullest extent permitted by law,
Contractor shall, at its sole cost and expense, defend, indemnify, and hold the City and
its elected and appointed officials, officers, attorneys, agents, employees, volunteers,
successors, assigns, and those City agents serving as independent contractors in the
role of City officials (collectively "Indemnitees") from and against any and all damages,
costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses,
judgments, penalties, stop notices, liens, liabilities and losses of any nature whatsoever,
including fees of accountants, attorneys or other professionals and all costs associated
therewith and the payment of all consequential damages (collectively, "Liabilities"), in
law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to
arise out of, pertain to, or relate to, the acts or omissions of Contractor, its officers,
agents, attorneys, servants, employees, Subcontractors, materialmen, contractors, or
their officers, agents, servants or employees (or any entity or individual for whom the
Contractor bears legal liability)in the performance of the Contract, including the
Indemnitees' active or passive negligence, except for Liabilities arising from the sole
negligence or willful misconduct of the Indemnitees, as determined by court decision or
by the agreement of the Parties. Contractor shall defend the Indemnitees in any action
or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice,
and shall pay all costs and expenses, including all attorneys' fees and experts' costs
actually incurred in connection with such defense. Contractor shall reimburse the
Indemnitees for any and all legal expenses and costs incurred by Indemnitees in
connection therewith. The City shall not be liable for any accident, loss, or damage to
the Work prior to completion, except as otherwise specified in Section 6-5 of the
Specifications.
5.2 Taxes and Workers' Compensation. Contractor shall pay all
required taxes on amounts paid to the Contractor under the Contract, and indemnify
and hold the City harmless from any and all taxes, assessments, penalties, and interest
asserted against the City by reason of the independent contractor relationship created
by the Contract. Contractor shall fully comply with the Workers' Compensation law
regarding Contractor and Contractor's employees. Contractor shall indemnify and hold
the City harmless from any failure of Contractor to comply with applicable Workers'
Compensation laws. City may offset against the amount of any fees due to Contractor
under the Contract any amount due to City from Contractor as a result of Contractor's
failure to promptly pay to the City any reimbursement or indemnification arising under
this Subsection 5.2.
5.3 Bid Protests. In addition to all other obligations set forth in this
Section 5, 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.
5.4 Civil Code Exception. Nothing in this Section 5 shall be construed
to encompass Indemnitees' sole negligence or willful misconduct to the limited extent
that the underlying Contract is subject to Civil Code Section 2782(a) or the City's active
negligence to the limited extent that the underlying Contract Documents are subject to
Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active
negligence is determined by agreement between the parties or by the findings of a court
of competent jurisdiction.
5.5 Workers' Compensation Acts not Limiting. Contractor's
indemnifications and obligations under this Section 5, or any other provision of the
Contract, shall not be limited by the provisions of any Workers' Compensation act or
similar act. Contractor expressly waives its statutory immunity under such statutes or
laws as to City, its officers, agents, employees and volunteers.
5.6 Insurance Requirements not Limiting. City does not, and shall not,
waive any rights that it may possess against Contractor because of the acceptance by
City, or the deposit with City, of any insurance policy or certificate required pursuant to
the Contract. The indemnities in this Section 5 shall apply regardless of whether or not
any insurance policies are determined to be applicable to the Liabilities, tax,
assessment, penalty or interest asserted against City.
5.7 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
Contract.
5.8 Subcontractor Indemnity Agreements. Contractor shall obtain
executed indemnity agreements with provisions identical to those in this Section 5 from
each and every Subcontractor or any other person or entity involved by, for, with or on
behalf of Contractor in the performance of the Contract. If Contractor fails to obtain
such indemnity obligations, Contractor shall be fully responsible and indemnify, hold
harmless and defend the Indemnitees from and against any and all Liabilities at law or
in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise
out of, pertain to, or relate to the acts or omissions of Contractor's Subcontractor, its
officers, agents, servants, employees, Subcontractors, materialmen, contractors or their
officers, agents, servants or employees (or any entity or individual for whom
Contractor's Subcontractor bears legal liability) in the performance of the Contract,
including the Indemnitees' active or passive negligence, except for Liabilities arising
from the sole negligence or willful misconduct of the Indemnitees, as determined by final
court decision or by the agreement of the Parties.
5.9 Survival. The provisions of this Section 5 shall survive the
expiration or termination of the Contract, are intended to be as broad and inclusive as is
permitted by the law of the State, 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 of
judgment 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 at all times during the term of
this Contract carry, maintain and keep in full force and effect the insurance referenced
in this Section 6. 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.
6.1.2 Exhibit D-2: Additional Insured Endorsement -
Automobile Liability.
6.1.3 Exhibit D-3: Additional Insured Endorsement - City of
Seal Beach, Richard Slade and Associates, and AKM Consulting Engineers
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).
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 Contract 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 Additional Insureds. City, its elected and appointed officials,
officers, employees, attorneys, agents, volunteers, and independent contractors in the
role of City officials, shall be the insured or named as additional insureds covering the
Work, regardless of any inconsistent statement in the policy or any subsequent
endorsement, whether liability is attributable to Contractor or City.
6.5 Replacement Insurance. Contractor agrees that it will not cancel,
reduce or otherwise modify the insurance coverage required by the Contract during the
term of the Contract. Contractor agrees that if it does not keep the required insurance
in full force and effect, and such insurance is available at a reasonable cost, City may
take out the necessary insurance and pay the premium thereon, and the repayment
thereof shall be deemed an obligation of Contractor and the cost of such insurance may
be deducted, at the option of City, from payments due Contractor. This shall be in
addition to all other legal options available to City to enforce the insurance
requirements.
6.6 Certificates of Insurance with Original Endorsements. Contractor
shall submit to City certificates of insurance with the original endorsements, both of
which reference the same policy number, for each of the insurance policies that meet
the insurance requirements, not less than one (1) day before beginning of performance
under the Contract. The endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. Endorsements must be executed on City's forms
titled "Additional Insured Endorsement," copies of which are attached as exhibits to this
Contract, or on any other form that contains substantially the same terms and is
approved by City's Risk Manager. The endorsements must specifically name the City of
Seal Beach and its elected and appointed officials, officers, employees, attorneys,
agents, volunteers, and independent contractors in the role of City officials as insureds
or additional insureds. Current insurance certificates and endorsements shall be kept
on file with City at all times during the term of this Contract. City reserves the right to
require complete, certified copies of all required insurance policies at any time.
6.7 Deductibles and Self -Insured Retentions. Contractor shall inform
City of any deductibles or self-insured retentions except with respect to any professional
liability insurance.
6.8 Other Insurance Provisions. The general liability and automobile
liability policies are to contain, or be endorsed to contain, the following provisions:
6.8.1 For any claims related to this Contract, Contractor's
insurance coverage shall be primary insurance as respects City, its officers, officials,
employees, volunteers and those City agents serving as independent contractors in the
role of City officials. Any insurance or self-insurance maintained by City, their officers,
officials, employees, volunteers or those City agents serving as independent contractors
in the role of City officials shall be excess of Contractor's insurance and shall not
contribute with it.
6.8.2 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.
6.8.3 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 calendar days prior written notice by first class mail has been given to City.
6.8.4 Each insurance 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, volunteers, and those City agents serving as
independent contractors in the role of City or agency officials. By executing this
Agreement, Contractor waives all rights of subrogation against City and its elected and
appointed officials, officers, employees, agents, volunteers and those City agents
serving as independent contractors in the role of City officials.
6.9 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's
Risk Manager.
6.10 No Limitation on Indemnity. The insurance provisions shall not
be construed to limit Contractor's indemnity obligations contained in this Contract or any
other Contract Documents.
6.11 Insurance Requirements not Limiting. If Contractor maintains
broader coverage and/or higher limits than the minimums required in this Section 6, City
requires and shall be entitled to the broader coverage and/or the higher limits
maintained by Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to City. No representation
is made that the minimum insurance requirements of this Contract are sufficient to cover
the obligations of Contractor under this Contract.
6.12 Subcontractors. Contractor shall require each of its
Subcontractors that perform services under the Contract to maintain insurance
coverage that meets all of the requirements of the Contract including this Section 6.
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 $1,000.00 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.
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 Contract.
9. Notices. Any notices, bills, invoices, or reports authorized or required by
this Contract 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 Contract, 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) 431-2527
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: General Pump Company, Inc.
159 N. Acacia Street
San Dimas, CA 91773
Telephone: (909) 599-9606
Fax: (909) 599-6238
Attn: Michael Bodart, President
10. Non -Assignability; Subcontracting. Contractor shall not assign, transfer,
or subcontract any interest in this Contract 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 Contract shall not be a
waiver of any other condition of performance under this Contract. 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 Contract shall
commence any legal action or proceeding to enforce or interpret the provisions of this
Contract, each party shall be responsible for their own attorneys' fees.
14. Construction. The validity, interpretation, and performance of this
Contract shall be controlled by and construed under the laws of the State of California,
with venue in Orange County, California. In the event of any asserted ambiguity in, or
dispute regarding the interpretation of any matter herein, the interpretation of this
Contract 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 Contract or who drafted that portion of the Contract.
15. Workers' Compensation. 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 Labor Code Section 1861, by signing
this Contract, the Contractor 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 workers'
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."
16. Prevailing Wages. The City and the Contractor acknowledge that the
Project is a public work to which prevailing wages apply, and Contractor shall comply in
all respects with all applicable provisions of the California Labor Code, including but not
limited to those set forth in Exhibits E and F, attached hereto.
17. Claim Dispute Resolution.
17.1 In the event of any dispute or controversy with the City over any
matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work,
but shall proceed with the performance of the Work in dispute. Contractor shall retain
any and all rights provided that pertain to the resolution of disputes and protests
between the parties. The Disputed Work will be characterized as an "unresolved
dispute" and payment, if any, shall be as later determined by mutual agreement or a
court of law. Contractor shall keep accurate, detailed records of all Disputed Work,
claims and other disputed matters.
17.2 All claims arising out of or related to the Contract Documents or
this Project, and the consideration and payment of such claims, are subject to the
Government Claims Act (Government Code Section 810 et seq.) with regard to filing
claims. All such claims are also subject to Public Contract Code Section 9204 and
Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This
Contract hereby incorporates those provisions as though fully set forth herein. Thus,
Contractor or any Subcontractor must file a claim in accordance with the Government
Claims Act as a prerequisite to filing a construction claim in compliance with Section
9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section
9204, as applicable, pursuant to the definition of "claim" as individually defined therein.
18. Antitrust Claims. In entering into this Contract, Contractor offers and
agrees to assign to City all rights, title, and interest in and to all causes of action it may
have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright
Act (Business and Professions Code Section 16700 et seq.) arising from purchases of
goods, services, or materials pursuant to the Agreement. This assignment shall be
made and become effective at the time City tenders final payment to Contractor without
further acknowledgment by the parties.
19. Prohibited Interests; Conflict of Interest
19.1. Contractor covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Work, or which
would conflict in any manner with the performance of the Work under this Agreement.
Contractor further covenants that, in performance of this Agreement, no person having
any such interest shall be employed by it. Furthermore, Contractor shall avoid the
appearance of having any interest, which would conflict in any manner with the
performance of the Work. Contractor shall not accept any employment or
representation during the term of this Agreement which is or may likely make
Contractor "financially interested" (as provided in California Government Code §§ 1090
and 87100) in any decision made by City on any matter in connection with which
Contractor has been retained.
19.2. Contractor further warrants and maintains that it has not employed
or retained any person or entity, other than a bona fide employee working exclusively
for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to
pay any person or entity, other than a bona fide employee working exclusively for
Contractor, any fee, commission, gift, percentage, or any other consideration
contingent upon the execution of this Agreement. Upon any breach or violation of this
warranty, City shall have the right, at its sole and absolute discretion, to terminate this
Agreement without further liability, or to deduct from any sums payable to Contractor
hereunder the full amount or value of any such fee, commission, percentage or gift.
19.3. Contractor warrants and maintains that it has no knowledge that
any officer or employee of City has any interest, whether contractual, non -contractual,
financial, proprietary, or otherwise, in this transaction or in the business of Contractor,
and that if any such interest comes to the knowledge of Contractor at any time during
the term of this Agreement, Contractor shall immediately make a complete, written
disclosure of such interest to City, even if such interest would not be deemed a
prohibited "conflict of interest" under applicable laws as described in this subsection.
20. Entire Agreement. This Contract, including any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between Contractor and City. This Contract supersedes all prior oral or
written negotiations, representations, or agreements. This Contract may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Contract.
21. Severability. The invalidity in whole or in part of any provisions of this
Contract shall not void or affect the validity of the other provisions of this Contract.
22. Titles and Headings. The titles and headings used in this Contract are for
convenience only and shall in no way define, limit or describe the scope or intent of this
Contract or any part of it.
23. Authority. Any person executing this Contract on behalf of Contractor
warrants and represents that he or she has the authority to execute this Contract on
behalf of Contractor and has the authority to bind Contractor to the performance of its
obligations hereunder.
24. Counterparts. This Contract may be executed in counterpart originals,
duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Contract as of the date first written above.
CITY OF SEAL BEACH
Approved as to
CONTRACTOR: General Pump Company,
Inc., a Califo ' corporation
a IF
Mi -a—el Bodart, President
Ginger Gbmpbell, Secretary
(Please note, two signatures required for
corporations pursuant to California Corporations
Code Section 313.
EXHIBIT A
FAITHFUL PERFORMANCE BOND
Bond No. 107674773
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach ("City"), has awarded to General Pump Company, Inc.
159 N. Acacia Street, San Dimas, CA 91773
("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:
BEVERLY MANOR WELL REHABILITATION (CIP WT0904)
(Project name)
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
Travelers Casualty and Surety Company of America, One Tower Square, Hartford, CT 06183
(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 City in the penal sum of
Six Hundred Thirteen Thousand Fifty -Five and 00/100
Dollars ($ 613.055.00 ), 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, successors executors and administrators, 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 the covenants, conditions and provisions in the
Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept
and performed at the time and in the manner therein specified, and in all respects according to
their true intent and meaning, and shall indemnify and save harmless the City, its officers,
agents and employees, as therein stipulated, then this obligation shall become null and void;
otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred
by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment
rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Contract or of the Work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its obligations under this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract or to the Work or to the specifications. Surety hereby waives the
provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary
of this Bond and has all rights of a party hereto.
15
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: aat�; -� � Spt 2E., 20Z2
"Principal"
General Pump Company, Inc.
By:
Its Managing Partner
By:
Its
(Seal)
"Surety"
Travelers Casualty and Surety Company of America
By:
4s)Matftthew CAttorney-in-Fact
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of
the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT
BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the
Treasury Department's most current list (Circular 570 as amended) and be authorized to transact
business in the State where the project is located.
16
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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 _ { ��yLC .5 S.S.
on Q 9 EL before me, ,
personally appeared
proved to me on the basis of satisfactory evidence to, be the perso N whose name(s)
resubsc ' ed to the within instrument t l
�e(same
and acknowledged e th t /shet�ey executed
Y
ihi —Meir authorized capacity(ies), and that b h /hentiehignature(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
KELLY MOORE
true and correct. COMM. #2274101 z
ar Notary Public - California o
WITNESS my hand and official seal. z Los Angeles County
my Comm. Expires Jan. 28.2023
"t
14 �
OPTIONAL INFORMATION
ei N� 2f' :iT{Y trT!c�t-+ r ,!lfs•ctP°it-lr Y�sil s.:f ''rt�i_ +Y'r i� I
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Description of Attached Document
p
The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification
? document titled/for the purpose of ` 'T P� rtrn. cLAt Proved to me on the basis of satisfactory evidence: r
13 form(s) of identification ❑ credible witnesses)
j r -
containingpages, and dated Notarial event is detailed in notary journal on:
Page # Entry #
The signer(s) capacity or authority is/are as:
U) Individual(s) Notary contact:
t .1 Attomey-in-fact
C1 Corporate Officer(s) other _ =
3 Additional Signer f Signer(s) Thumbprints(s)
%
t
x a Guardian/Conservator
I._f Partner - Limited/General
ID Trustee(s) y
r ;
Lj Other: ) ;
representing: `
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EXHIBIT B
PAYMENT BOND (LABOR AND MATERIALS)
17
Bond No. 107674773
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach ("City"), State of California, has awarded to
General Pump Company Inc.
159 N. Acacia Street San Dimas CA 91773 ("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:
BEVERLY MANOR WELL REHABILITATION (CIP WT0904)
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the
performance of the Work, to file a good and sufficient payment Bond with the City to secure the
claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of
Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
Travelers Casualty and Surety Company of America
One Tower Square Hanford CT 06183
(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 City and all contractors, subcontractors, laborers, material
suppliers, and other persons employed in the performance of the Contract and referred to in
Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum
of Six Hundred Thirteen Thousand Fifty -Five and 00/100
Dollars ($ 613,055.00 ), for materials furnished or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety
will pay the same in an amount not exceeding the amount hereinabove set forth, and also in
case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in
successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as
costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and
all persons, companies, and corporations entitled to file claims under Title 3 (commencing with
Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil
wage and penalty assessment against the principal, any of its subcontractors, or both the
principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of
the time within which a joint labor management committee may commence an action against the
principal, any of its subcontractors, or both the principal and its subcontractors pursuant to
Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation
shall become null and void; otherwise, it shall be and remain in full force and effect.
18
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of the Contract or the Specifications accompanying the same shall in any
manner affect its obligations on this Bond, and it does hereby waive notice of any such change,
extension, alteration, or addition.
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: ^^t^`'�� "^ ' $ $>�&' 26, T_ozz
"Principal"
General Pump Company, Inc.
By: /,/— R � �
Its Managing Partner
By:
Its
(Seal)
"Surety"
Travelers Casualty and Surety Company of America
r
By:
A Wtthew Cocco, Attomey-in-Fact
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence ,
of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST
NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the
Treasury Department's most current list (Circular 570 as amended) and be authorized to transact
business in the State where the project is located.
19
11 74"• i ; tx,_ I " .r s l.:+r :,z zmt
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 (_aS V-T VAC-, -p-b S.S.
a
i J
1 j
On 0 - a �,_����� before me, e t)oo
personally appeared
i
w o proved to me on the basis of satisfactory evidence to be the persona ,)whose name(s)
to the instrument
ffs/pre-subsciitied within and acknowledged o xqe thaf heJ hethey executed
e same i his! er4their authorized capacity(ies), and that hi ei;Aheir signatures) on the
instrument t person(s), or the entity upon behalf of which t 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
KELLY MOORE ;
COMM. #2274101 z�
true and correct.em8,
Notary Public . California OWITNESS hand and official seal. zLos Angeles CountyComm.
Expires Jan22623
Y
OPTIONAL INFORMATION
rrt, 4 ar s s f �• :�Yd¥ 1r1t1 "S:Is7,�i3tt §)� c' )
Y�,F d:,,uax'r"iu7'• • • e •,, ;r.r (hr+ !f�r;1r'rd';Cirtrr;i-rt`
r
Description of Attached Document,�
The preceding Certificate of Acknowledgmentits attached to a ' Method of Signer Identification _
document titled/for the purpose of Proved to me on the basis of satisfactory evidence:
,form(s) of identification [� credible witnesses) t
i
containing pages, and dated Notarial event is detailed in notary journal on: y
r Page # Entry#
The signer(s) capacity or authority islare as: I
D Individual(s) Notary contact: f
0 Attorney-in-fact
ElCorporate Officer(s)other
(J Additional Signer ( Signer(s) Thumbprints(s)
Y 0 Guardian/Conservator
L-i Partner-Limited/General
17 Trustee(s)
I
[: j Other:
representing: t `"
11 74"• i ; tx,_ I " .r s l.:+r :,z zmt
ACKNOWLEDGMENT OF SURETY
STATE OF CONNECTICUT } ss: Glastonbury
COUNTY OF HARTFORD )
On this 10th day of October 2022 before me personally appeared Matthew Cocco
to me known, who, being by me duly sworn, did depose and say that he/she resides in
Southington, CT that he/she is the Attorney -in -Fact of the Travelers Casualty and Surety
Company of America the corporation described in and which executed the foregoing
instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument
is such corporate seal; that it was so affixed by order of the Board of Directors of said
corporation and that he/she signed his/her name thereto by like order; and deponent further says
that he/she is acquainted with Matthew Cocco and knows him/her to be the Attorney -in -Fact
subscribed to the within instrument is in the genuine handwriting of the said Matthew Cocco
and was subscribed thereto by like order of the Board of Directors in the presence of deponent.
Erik Partridge
Notary Public Middlesex County
My Commission Expires: 2/28/2025
Travelers Casualty and Surety Company of America
A1111111111Ki Travelers Casualty and Surety Company
TRAVELERS.! St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and
St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein
collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint ERIK PARTRIDGE of
GLASTONBURY I , their true and lawful Attomey(s)-in-Fact to sign, execute, seal and
acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of
the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or
guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April,
2021.
;p-, ,.,ytr alloe F
y7r
C 1 K
J xxxat l�
State of Connecticut
By:
City of Hartford ss. Robert L. Rane , enlor Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
r p hD
1N WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2026 • N+ 1
PUB�iC J
Anna P. Nowik, Notary Public
°u.
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority
may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings
obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may
remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or
any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided
that each such delegation is in writing and a copy thereof is filed in the office of'the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance,
or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive
Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the
Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Companys seal by a Secretary or Assistant Secretary;
or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her
certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President,
any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to
any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of
Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed
and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or
understanding to which it Is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a
true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this 10th day of October , 2022 .
►�"°�n. +J*`'t fro ��
CSIX
Kevin E. Hughes, Assistant Sec[etary
To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880.
Please refer to the above-named Attorney(s)-in-Factand the details of the bond to which this PowerofAttorney is attached.
EXHIBIT C
WORKER'S COMPENSATION INSURANCE CERTIFICATE
20
WORKERS' COMPENSATION
CERTIFICATE OF INSURANCE
WHEREAS, the City of Seal Beach ("City") has required certain insurance to be provided by:
NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued
the policy or policies described below to the following named insureds and that the same are in
force at this time:
1. This certificate is issued to:
City of Seal Beach
City Hall
211 8` Street
Seal Beach, California 90740
The insureds under such policy or policies are:
2. Workers' Compensation Policy or Policies in a form approved by the Insurance
Commissioner of California covering all operations of the named insureds as follows:
M
Policy Number Effective Date Expiration Date
Its Authorized Representative
21
EXHIBIT D-1
ADDITIONAL INSURED ENDORSEMENT
COMMERCIAL GENERAL LIABILITY
[INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY]
22
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured ("Named Insured'):
Name and address of insurance company ("Company'):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured.
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
"Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Seal Beach ("City"), its elected officials, officers, attorneys, agents, employees,
volunteers and those City agents serving as independent contractors in the role of City officials, are
additional insureds (the above named additional insureds are hereafter referred to as the "Additional
Insureds") under the Policy in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability
for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to
contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's
liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one
insured under the policy against another insured under the policy. All such claims shall be covered
as third -party claims, i.e., in the same manner as if separate policies had been issued to each
insured. Nothing contained in this provision shall operate to increase or replicate the Company's
limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained in or executed in
conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured
and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in
coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except
after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days
before the effective date thereof. In the event of Company's failure to comply with this notice
provision, the policy as initially drafted will continue in full force and effect until compliance with this
notice requirement.
23
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,
while acting within the scope of their duties, from all claims, losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior,
concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity,
construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to City at:
City Manager
City of Seal Beach
City Hall
211 8th Street
Seal Beach, CA 90740
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which
this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS POLICY PERIOD LIMITS OF
ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
❑ Contractual Liability
❑ Owners/Landlords/Tenants
❑ Manufacturers/Contractors
❑ Products/Completed Operations
❑ Broad Form Property Damage
❑ Extended Bodily Injury
❑ Broad Form Comprehensive
❑ General Liability Endorsement
❑ Explosion Hazard
❑ Collapse Hazard
❑ Underground Property Damage
❑ Pollution Liability
❑ Liquor Liability
I
12. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all
coverage(s) except: if none, so state). The deductible is applicable
❑ per claim or ❑ per occurrence (check one).
13. This is an ❑ occurrence or ❑ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number
I, (print name), hereby declare under penalty of perjury under the laws of the State
of California, that I have the authority to bind the Company to this endorsement and that by my execution
hereof, I do so bind the Company.
Executed 20
24
Telephone No.: (_)
25
Signature of Authorized Representative
(Original signature only; no facsimile signature
or initialed signature accepted)
EXHIBIT D-2
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
[INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY]
M
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured ("Named Insured'):
Name and address of insurance company ("Company'):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured.
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Seal Beach ("City"), its elected officials, officers, attorneys, agents,
employees, volunteers and those City agents serving as independent contractors in the role of City
officials are additional insureds (the above named additional insureds are hereafter referred to as the
"Additional Insureds") under the Policy in relation to those activities described generally above with regard
to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability
for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be
primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to
contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional
Insured against whom claim is made or suit is brought except with respect to the limits of the Company's
liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim
by one insured under the policy against another insured under the policy. All such claims shall be
covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each
insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of
liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction
with the written agreement(s) or permit(s) designated above, between the Named Insured and the
Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal
except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days
before the effective date thereto. In the event of Company's failure to comply with this notice provision,
the policy as initially drafted will continue in full force and effect until compliance with this notice
requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with
27
regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,
or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to City at:
City Manager
City of Seal Beach
City Hall
211 8th Street
Seal Beach, CA 90740
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which
this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS POLICY PERIOD LIMITS OF
ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
❑ Any Automobiles
❑ All Owned Automobiles
❑ Non -owned Automobiles
❑ Hired Automobiles
❑ Scheduled Automobiles
❑ Garage Coverage
❑ Truckers Coverage
❑ Motor Carrier Act
❑ Bus Regulatory Reform Act
❑ Public Livery Coverage
12. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all
coverage(s) except: (if none, so state). The deductible is applicable ❑ per claim or ❑
per occurrence (check one).
13. This is an ❑ occurrence or ❑ claims made policy .(check one).
14. This endorsement is effective on
Policy Number
at 12:01 a.m. and forms a part of
I, (print name), hereby declare under penalty of perjury under the laws of the State
of California, that I have the authority to bind the Company to this endorsement and that by my execution
hereof, I do so bind the Company.
Executed 20
Telephone No.: (_)
28
Signature of Authorized Representative
(Original signature only, no facsimile signature
or initialed signature accepted)
EXHIBIT D-3
ADDITIONAL INSURED ENDORSEMENT
[INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE
LIABILITY, IF REQUIRED]
29
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured ("Named Insured'):
Name and address of insurance company ("Company'):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured.
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Seal Beach ("City"), its elected officials, officers, attorneys, agents,
employees, volunteers and those City agents serving as independent contractors in the role of City
officials are additional insureds (the above named additional insureds are hereafter referred to as the
"Additional Insureds") under the Policy in relation to those activities described generally above with regard
to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability
for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be
primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to
contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional
Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's
liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim
by one insured under the policy against another insured under the policy. All such claims shall be
covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each
insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of
liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained in or executed in
conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured
and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal
except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days
before the effective date thereto. In the event of Company's failure to comply with this notice provision,
the policy as initially drafted will continue in full force and effect until compliance with this notice
requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with
30
regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,
or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to City at:
City Manager
City of Seal Beach
City Hall
211 Eighth Street
Seal Beach, California 90740
10. Except as stated above and not in conflict with this endorsement, nothing contained
herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to
which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
❑ Following Form
❑ Umbrella Liability
11. Applicable underlying coverages:
INSURANCE COMPANY
POLICY PERIOD LIMITS OF
FROM/TO LIABILITY
POLICY NUMBER AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above
coverages:
13. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to
all coverage(s) except: (if none, so state). The deductible is applicable
❑ per claim or ❑ per occurrence (check one).
Number
14. This is an ❑ occurrence or ❑ claims made policy (check one).
15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy
31
I, (print name), hereby declare under penalty of perjury under the laws of the State
of California, that I have the authority to bind the Company to this endorsement and that by my execution
hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: (_) or initialed signature accepted)
32
EXHIBIT E
ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING
CONTRACTOR LICENSING LAWS
33
ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING THE
CONTRACTORS' LICENSING LAWS
[Business & Professions Code § 7028.15]
[Public Contract Code § 20103.51
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 therefore, except
in any of the following cases:
(1) The person is particularly exempted from this chapter.
(2) The bid is submitted on a state project governed by Section 10164 of the Public
Contract Code or on any local agency project governed by Section 20104 [now §
20103.5] of the Public Contract Code.
(b) If a person has been previously convicted of the offense described in this section, the court
shall impose a fine of 20 percent of the price of the contract under which the unlicensed person
performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or
imprisonment in the county jail for not less than 10 days nor more than six months, or both.
In the event the person performing the contracting work has agreed to furnish materials and labor
on an hourly basis, "the price of the contract' for the purposes of this subdivision means the aggregate
sum of the cost of materials and labor furnished and the cost of completing the work to be performed.
(c) This section shall not apply to a joint venture license, as required by Section 7029.1.
However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to
this section with respect to his or her individual licensure.
(d) This section shall not affect the right or ability of a licensed architect, land surveyor, or
registered professional engineer to form joint ventures with licensed contractors to render services within
the scope of their respective practices.
(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a
contractor who is not licensed in accordance with this chapter shall be considered non-responsive and
shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public
agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was
properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law,
unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or
employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor
who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such
citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any
purchase order issued to, a contractor who is not licensed pursuant to this chapter is void.
(f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter
863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during
which time that subdivision was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this section if the
public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying
the license status of any person or contractor and the board failed to respond to the inquiry within three
34
business days. For purposes of this section, a telephone response by the board shall be deemed
sufficient.
Public Contract Code § 20103.5:
In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated
by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time
the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state.
The first payment for work or material under any contract shall not be made unless and until the Registrar
of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that
the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not
so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any
appropriate disciplinary action by the Contractors' State License Board. The agency shall include a
statement to that effect in the standard form of pre -qualification questionnaire and financial statement.
Failure of the Bidder to obtain proper and adequate licensing for an
award of a contract shall constitute a failure to execute the Contract
and shall result in the forfeiture of the security of the Bidder.
License No.: 496765 Class: A / C57 C61 / D21A Expiration Date: 8/31/24
Date: 9/23/22
35
EXHIBIT F
AGREEMENT TO COMPLY WITH LABOR LAW REQUIREMENTS
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
[Labor Code §§ 1720,1773.8, 1775,1776, 1777.5,1813,1860,1861, 3700]
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with a[l
applicable provisions of California law, including but not limited to the following:
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 suc ovisions before commencing the performance of
the Work of this Contract."
Date 09/26/2022 Signature v
37
EXHIBIT G
BID PROPOSAL WITH BID SHEETS
01
BID PROPOSAL
CITY OF SEAL BEACH - BEVERLY MANOR WELL REHABILITATION
PROJECT CIP NO. WT0904
Bidder's Name General Pump Company Inc.
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF SEAL BEACH:
The undersigned, as Bidder, declares that: (1) -this Bid is made without collusion with any other person,
firm or corporation, and that the only persons or parties interested as principals are those named herein
as sworn in the attached Noncollusion Declaration; (2) -Bidder has carefully examined the Project Plans,
Specifications, Instructions To Bidders, Bid Proposal Form, Notice Inviting Bids and all other Contract
Documents and information furnished therefore and the Project site; and (3) -Bidder has investigated and
is satisfied as to the conditions to be encountered, the character, quality and quantities of Work to be
performed and materials to be furnished. Furthermore, Bidder agrees that submission of this Bid shall be
conclusive evidence that such examination and investigation have been made and agrees, in the event
this Contract be awarded to Bidder, to enter into a Contract with the City, to perform said proposed Work
in accordance with the Contract Documents in the time and manner therein prescribed, and to furnish or
provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except
such thereof as may otherwise be furnished or provided under the terms of the Contract Documents, for
the following stated unit prices or lump sum price as submitted on the Bid herein.
The undersigned Bidder submits as part of this Bid a completed copy of its Industrial Safety Record. This
Safety Record includes all construction work undertaken in the State of California by the Bidder and any
partnership, joint venture or corporation that any principal of the Bidder participated in as a principal or
owner for the last five calendar years and the current calendar year prior to the date of Bid submittal.
Separate information is being submitted for each such partnership, joint venture, or corporate or individual
Bidder. The Bidder has attached any additional information or explanation of data which the Bidder would
like to be taken into consideration in evaluating the safety record. An explanation of the circumstances
surrounding any and all fatalities is attached.
Accompanying this Bid is (Circle one "Cash", "a Cashier's Check", "a certified check", or "a id Bon in
the form furnished by the City", as the case may be) in the amount of $ 6,130.55 , an amount equal to
at least ten percent (10%) of the total aggregate Bid price based on the quantities shown and the unit
prices quoted. The undersigned Bidder agrees that should Bidder be awarded the Contract on the basis
hereof and thereafter fail or refuse to execute the Contract and provide the required evidence of
insurance and bonds within fifteen (15) Working Days after delivery of the Contract Documents to the
Bidder, the cash, check or Bid Bond shall be forfeited to the City to the extent permitted by law. The
undersigned agrees that in the event of such failure, the actual amount of damages to the City would be
impractical and extremely difficult to determine.
In compliance with the Notice Inviting Bids, the undersigned hereby agrees that, should it be awarded the
Contract, to enter into a Contract to furnish all labor, materials and supplies for this Project in accordance
with the Specifications, Plans and other Contract Documents which are on file in the office of the
Engineer, to the satisfaction and under the direction of the Engineer, at the following prices: completed by
the undersigned is fixed at 160 WORKING DAYS starting from the day after the issuance of the Notice to
Proceed.
The undersigned certifies to have a minimum of three (3) consecutive years of current experience in the
type of Work related to the Project and that this experience is in actual operation of the firm with
permanent employees performing a part of the Work as distinct from a firm operating entirely by
subcontracting all phases of the Work. The undersigned certifies to be properly licensed by the State as
a contractor to perform this type of Work. The undersigned possesses California Contractor's License
Number 496765 , Class C57 , which expires on 8/3112024
73
Bidder's Name: General Pump Company Inc.
Signature:
Signature:
74
Title:Sr. Project Manager Date: 9/8/22
Title: Project Manager Date: 9/8/22
Type text here
BID PROPOSAL
CITY OF SEAL BEACH - BEVERLY MANOR WELL REHABILITATION
PROJECT CIP NO. WT0904
BID SHEETS
Bidder's Name: General Pump Company Inc.
To the Honorable Mayor and Members of the City Council:
In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the
Contract to furnish all labor, materials, equipment and supplies for the Project in accordance
with the Contract Documents to the satisfaction and under the direction of the City
Engineer, at the following prices:
Base Bid Items
Item
Description
Unit
Qty
Unit Price
Extended Price
No.
(in Figures)
(in Figures)
1
Mobilization / Demobilization
LS
1
$ 95,000
$ 95,000
2a
Initial Brushing and Bailing
Hour
48
$ 525
$ 25,200
Initial Brushing & Bailing Chemical
2b
Treatment Materials (WaterSOL1i'm
Gal
464
$ 45
$ 20,880
BC
3
"Air -Jetting" of Well
LS
1
$ 16,000
$ 16,000
4
Downwell Video Surveys
Each
4
$ 1,300
$ 5,200
5a
Chemical Treatment (Injection
LS
1
$ 29,300
$ 29,300
of Chemicals)
Chemical Treatment Materials
5b
(WellKlean° - Pipe-Klean Pre-
Gal
1405
$ 55
$ 77,275
Blend)
5C
Chemical Treatment Materials
LB
750
$ 1.500
$ 1.500
(NaHCO3)
6
Mechanical Redevelopment
Hr
60
$ 700
$ 700
7
Discharge Fluids & Compliance
LS
1
$ 29.000
$ 29.000
8
Casing Patches
EA
3
$___8,500
$. 8,500
75
9
Caliper Survey
LS
1
$ 2,700
$ 2,700
10
Mobilization, Installation, Removal,
LS
1
$ 85,000
$85,000
& Demobilization of Test Pump
11
Pumping Redevelopment
Hr
60
$ 150
$ 9,000
12a
Pumping Test - Step Drawdown
Hr
12
$. 150
$ 1,800
12b
Pumping Test - Constant Rate
Hr
48
$ 150
$ 7.200
13'
Dynamic Flowmeter (Spinner)
LS
1
$ 8,500
$ 8,500
Survey
14
Static Flow Meter Survey
LS
1
$ 4.000
$ 4.000
15
Well Disinfection & Site.
LS
1
$ 3,500
$ 3,500
Cleanup
16
Repair of Existing Facilities
LS
1
$ 5.400
$ 5.400
17a
Standby Time, Active (AS
Hr
24
$ 50
$ 1,200
DIRECTED)
17b
Standby Time, Inactive (AS
Hr
24
$ 50
$ 1.200
DIRECTED)
18
New Well Pump Assembly
LS
1
$ 175,000
$ 175,000
TOTAL BASE BID PRICE — Basis of Award
(ITEMS 1-18)
WORDS
FIGURES
Six Hundred and Thirteen Thousand
$ 613,055.00
Fifty Five Dollars
IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL
PREVAIL.
Note: Items may be adjusted or deleted. Therefore, regardless of total actual volume (percentage)
compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the
final quantity when payment is calculated for these items. No adjustment in the unit prices will be
allowed. The City reserves the right to not use any of the estimated quantities; and if this right is
exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material
shall be included in the above unit costs; no additional compensation will be granted for such expenses.
76
Optional item to be authorized by City via change order at the conclusion of well
rehabilitation, at the City's descretion. Price listed shall remain valid for the entire scope
of work identified in Section 19 of the Technical Specifications until the final video
survey following test pumping has been completed, as listed in the phasing of work in
General Provisions Section 2, (B)(14). The price bid shall include costs for extended
overhead and extension of the contractors completion schedule that may be incurred by
authorization of the item. Bids submitted without furnishing a price for Optional Bid Item
No. A-1 may be considered informal and rejected by the City.
Item
Description
Unit
Quantity
Unit Price
Extended Price
No.
(in Figures)
(in Figures)
A-1
Casing Liner & Gravel Pack -
LS
1
$,375,000
$ 375,000
Artificial Gravel Pack
77
NOTE: The City reserves the right to award a Contract to the lowest responsible Bidder in parts or in its
entirety and reserves the right to reject all Bids and re -advertise, as appears to be in the best interests of
the City. A Bid is required for this entire Work, the estimated quantities set forth in this Bid Sheet being
solely for the purpose of comparing Bids, and final compensation under the Contract will be based upon
the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include
all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit
prices shall govern over extended amounts, and words shall govern over figures. The City reserves the
right to increase or decrease the amount of any quantity shown and to delete any item from the Contract.
The undersigned Bidder agrees that, if awarded the Contract, Bidder will complete all Work according to
the Contract Documents. The undersigned Bidder is licensed in accordance with the requirements of the
Business and Professions Code, California Contractor's License No.- 496765 , Class
Engr A, C57, C61(REQUIRED AT TIME OF AWARD).
D21A
Legal Business Name of Bidder
Business Address
159 North Acacia Street, San Dimas, California 91773
Business Tel. No.
909-596-9606
Michael
President
SiafSatbre'/' -- Date Title
Signature Date Title
If Bidder is an individual, name and signature of individual must be provided, and, if he or she is doing
business under a fictitious name, the fictitious name must be set forth. If Bidder is a partnership or joint
venture, the complete legal name of partnership/joint venture and state of formation must be provided,
followed by signatures of all of the partners/joint venturers or fewer than all of the partnersfoint venturers
if submitted with evidence of authority to act on behalf of the partnership/joint venture. If Bidder is a
corporation, the complete legal name of corporation and state of incorporation must be provided, followed
by signatures of (i) the corporation President or Vice President and (ii) the Secretary or Assistant
Secretary, and (iii) the corporate seal. Signatures of partners, joint venturers, or corporation officers must
be acknowledged before a Notary Public, who must certify that such partners, joint venturers, or officers
are known to him or her to be such, and, in the case of a corporation, that such corporation executed the
instrument pursuant to its bylaws or a resolution of its Board of Directors.
78
i
rrly,,I=1:711IT, KRZI
Mldl INT
ACORN"
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDIYYYI')
9/23/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Smith Brothers Insurance, LLC.
68 National Drive
Glastonbury, CT 06033
CONTACT
NAME:
PHONE AX
(AIC, No, Ext): (860) 652-3235 IFAIC, No):(860) 652-3236
E- pA'E . GeneralMailbox@SmithBrothersUSA.com
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A: Travelers Casualty And Surety Co America 31194
INSURED
INSURERS: Travelers Indemnity Company of CT 25682
INSURER C: Travelers Property Casualty Co of Amer 25674
General Pump Company, Inc.
INSURERD:AS en Specialty Ins Company 10717
159 North Acacia Street
San Dimas, CA 91773
INSURERE:
INSURER F :
8/31/2023
rnvGoer_Ge rFRTIFIrAT;= NI IMRFR- RF1UqSInN1 Nt1MBFR-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICY NUMBER
POLICY EFF
MMIDDIYYYY
POLICY EXP
MIDO
LIMITS
A
X COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE S 1,000,000
CLAIMS -MADE ❑X OCCUR
X
X
P -630 -8T716949 -TIL -22
8/31/2022
8/31/2023
DAMAGE TO RSESE.EoNTED S 300,000
MED EXP (Any oneperson) S 5,000
PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
X POLICY [XIjE�T a LOC
GENERAL AGGREGATE $ 2'000'000
PRODUCTS - COMP/OP AGG S 2'000'000
S
OTHER:
B
AUTOMOBILE LIABILITY
Eaa acccil dent SINGLE LIMIT nt)$ 1,000,000
BODILY INJURY Perperson) S
X ANY AUTO
X
810 -8T703898 -22-43-G
8131/2022
8/31/2023
BODILY INJURY Per accident S
OWNED SCHEDULED
AUTOS ONLY AUTOS
PROPERTY DAMAGE
(Per I) S
AUTOS ONLY AUTOS ONLD
S
C
X
UMBRELLA LIABX
OCCUR
EACH OCCURRENCE S 9'000'000
AGGREGATE S 9,000,000
LIAB
CLAIMS -MADE
X
CUP-BT724403
8/31/2022
8/31/2023
EEXCESS
DED I X I RETENTIONS 0
S
C
WORKERS COMPENSATION
ANDEMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory In NH)
NIA
X
UB -8T705197
8/31/2022
8/31/2023
X PER OTH-
TAT TE ER
E.L. EACH ACCIDENT 5 1'000'000
1,000,000
E.L. DISEASE - EA EMPLOYE S
1000000
E.L. DISEASE - POLICY LIMIT S ' '
If yes, describe under
DESCRIPTION OF OPERATIONS below
D
Pollution liability
ERAHL9622
2/25/2022
2/25/2023
Incident Limit 1,000,000
D
Pollution liability
ERAHL9622
2125/2022
2/25/2023
Aggregate Limit 2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101 Additional Remarks Schedule, may be attached if more space is required)
Where required by written contract, the City of Seal Beac:6, its elected officials and appointed officials, officers, employees, agents designated volunteers and
those City agents acting as independent contractors in the role of City officials are included as Additional Insured as respects operations of the Named
Insured as their interest may appear for General Liability per Form #CG D2 46 0419. Coverage is Primary and Non -Contributory per #CGT100 02 09.
Additional Insured applies to Auto Liability per #CA T4 74 02 16 including Primary and Non -Contributory wording. Blanket waiver of subrogation for General
Liability applies per Form #CG 24 04 06 09; Auto Liability per #CA T3 53 02 15 and Workers' Compensation per Form #WC 99 03 76 (pending copies of forms
from insurance carrier)
City of Seal Beach
211 -8th Street
Seal Beach, CA 90740
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
/Z4-1
ACORD 25 (2016103) U 1988-ZU1b AGUKU C;UKYUKA 1 IUN. All ngnrs reserveu.
The ACORD name and logo are registered marks of ACORD
Winnie Bell
From:
Iris Lee
Sent:
Monday, October 24, 2022 3:26 PM
To:
Gloria Harper; Elizabeth Camarena
Cc:
Winnie Bell
Subject:
RE: Contracts
Hi Gloria,
No need for Prof Liab for these two contracts. Thanks for checking!
Iris
From: Gloria Harper <gharper@sealbeachca.gov>
Sent: Monday, October 24, 2022 1:42 PM
To: Elizabeth Camarena <ecamarena@sealbeachca.gov>
Cc: Iris Lee <ilee@sealbeachca.gov>; Winnie Bell <wbell@sealbeachca.gov>
Subject: Contracts
Good afternoon,
The contracts General Pump Company & Crosstown Electrical both have Prof Liab noted in the contract, but is not
indicated on the COI. Please advise, if required.
Thank you,
Gloria Harper, City Clerk
City of Seal Beach
211 Eighth Street
Seal Beach CA 90740
(562) 431-2527 Ext. 1305
mdoss CIV1Lrry.
Civility Principles:
1. Treat everyone courteously;
2. Listen to others respectfully;
3. Exercise self-control;
4. Give open-minded consideration to all viewpoints;
5. Focus on the issues and avoid personalizing debate; and,
6. Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for
forging sound decisions.
For Information about Seal Beach, please see our city website: www.sealbeachca.gov
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