HomeMy WebLinkAboutAGMT - RJ Noble Company (SB Blvd & PCH Intersection Improvements Project #49758)1
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6-28-04
AYES: Antos, Larson, Levitt, Ybaben, Yost
NOES: None Motion carried
CONSENT CALENDAR - ITEMS "C" thru "R"
Larson moved, second by Antos, to approve the recommended
action for items on the Consent Calendar as presented, except
Items "H", "K", "L", "M", and "R", removed for separate
consideration.
C. Approved the,waiver of reading in full of all
resolutions and ordinances and that consent to the
waiver of reading shall be deemed to be given by
all Councilmembers after the reading of the title
unless specific request is made at that time for
the reading of such resolutions and ordinances.
D. Approved the minutes of the regular adjourned
and regular meetings of May 24, 2004 and June 14,
2004.
E. Approved regular demands numbered 46699 through
46904 in the amount of $394,673.87, ADP payroll
demands numbered 10806362 through 10806442 in the
amount of $177,837.40, and authorized warrants to
be drawn on the Treasury for same.
F. Received and filed Monthly Investment Report for
May, 2004.
G. Adopted Resolution Number 5253 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA AUTHORIZING A BUDGET AMENDMENT,
NO. 04-29 FOR NEGOTIATED MOU CHANGES, AND OTHER
WAGE AND BENEFIT COST INCREASES". The total budget
amendment increases General Fund expenditures
$175,965. By unanimous consent, full reading of
Resolution Number 5253 was waived.
I. Ratified the fiscal year 2004/2005 budget of the
West Orange County Water Board and the City share
in the amount of $34,438.00.
J. Adopted Resolution Number 5256 entitled "A
RESOLUTION OF THE CITY OF SEAL BEACH APPROVING
MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD)
2003 EDITION AND THE MUTCD CALIFORNIA SUPPLEMENT".
By unanimous consent full reading of Resolution
5256 was waived.
N. Adopted Resolution Number 5257 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH CONCERNING THE STATUS OF THE CIRCULATION
ELEMENT FOR THE CITY OF SEAL BEACH". (Measure M
funding) By unanimous consent full reading of
Resolution 5257 was waived.
Bids were received until Tuesday, June 22, 2004 at
11:00 a.m. for Seal Beach Boulevard and Pacific
Coast Highway Intersection Widening, Project No.
49758, at which time they were publicly opened by
the City Clerk as follows:
1. R.J. Noble $530,351.00
2. .Palp Inc. $535,113.25
6-28-04
3. Sequel Contractors $589,869.00
4. Shawman $734,150.00
Awarded a construction contract for the Seal Beach
Boulevard and Pacific Coast Highway Intersection
Improvements, Project Number 49758, to R.J. Noble,
the low bidder, in the amount of $530,351.00, and
authorized City Manager to execute the contract on '
behalf of the City.
P. Approved the purge of Police Department records
that meet California Records Act qualifications for
destruction, pursuant to Resolution Number 4951.
Q. Received and filed the Facility Condition
Assessment Report prepared by TEC Engineering Inc.
AYES: Antos, Larson, Levitt, Ybaben, Yost
NOES: None Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
ITEM "H" - REMOVAL OF SAN GABRIEL PACIFIC PARK SOCIETY -
PROJECT AREA COMMITTEE
Mayor Yost stated the two proposed resolutions, one
relinquishing the representation of the San Gabriel Pacific
Park Society on the Project Area Committee, the other
redefining membership of the Project Area Committee, were
withdrawn and not considered.
ITEM "K" - ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA)
AMEMNDMENT NO. 8, C-95-991
Ybaben moved, second by Antos, to adopt Amendment Number 8 to
Cooperative Agreement Number C-95-991, which amends the
original Master Funding Agreement with OCTA to replace
Exhibit "A" with a revised list of open projects.
Councilman Ybaben requested an additional project, a sound
wall along the 405 freeway extending from its current
location to the end of the parking lot of the tennis
facility. The Director of Public Works explained that this
is a list of existing projects, staff could make a request to
OCTA on behalf of the City for a wall under a different
Caltrans State program dealing with sound walls.
AYES: Antos, Larson, Levitt, Ybaben, Yost
NOES: None Motion carried
ITEM "L" - SECURITY VULNERABILITY ASSESSMENT REPORT
Antos moved, second by Yost, to receive and file the
submission of the City's Water System Security Vulnerability
Assessment Report to the United States Environmental
Protection Agency, said report prepared by Risk Management
Professionals.
AYES: Antos, Larson, Levitt, Ybaben, Yost
NOES: None Motion carried
ITEM "M" - SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM — MAINTAIN
MEASURE M ELIGIBILITY
Antos moved, second by Ybaben, to adopt a seven-year Capital
Improvement Program as required by the Orange County
Transportation Authority ('OCTA) for funding under the Measure
M program, currently receiving approximately $230,000 in
Measure M turnback funding annually.
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CONTRACTOR TO PRINT COMPANY
NAME: �BOOK 11 OF'111�
CONTRACT DOCUMENTS
DOCUMENTS TO SUBMIT UPON AWARD:
PUBLIC WORKS CONTRACT
PERFORMANCE BOND
PAYMENT BOND
INDEMNIFICATION AND HOLD
HARMLESS
LABOR LAW REQUIREMENTS
FOR:
ACKNOWLEDGEMENT OF LICENSE LAW
WORKMEN'S COMPENSATION
CERTIFICATE
INSURANCE REQUIREMENTS
Seal Beach Boulevard
1 iCoast Highway
Intersection Improvements
CITY PROJECT NUMBER:
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These Contract Documents are the exclusive property of the Agency and shall not be used in any manner without prior consent of the
Agency. Any reuse of these plans and specifications by Others shall be at Other's sole risk and without liability to the Agency.
CITY OF SEAL BEACH - 211 EIGHTH STREET -SEAL BEACH, CA 90740-6379.
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• • •.................................................................................................1
CONTRACT DOCUMENTS..........................................................................1
DOCUMENTS TO SUBMIT UPON AWARD:............................................1
PUBLIC WORKS CONTRACT.....................................................................3
PERFORMANCEBOND................................................................................ 5
INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND
WAIVER OF SUBROGATION AND CONTRIBUTION ............................ 9
AGREEMENT TO COMPLY WITHCALIFORNIA LABOR LAW
REQUIREMENTS..........................................................................................10
STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES
CONCERNING THE CONTRACTORS' LICENSING LAWS ..................11
INSURANCE REQUIREMENTS................................................................13
WORKER'S COMPENSATION CERTIFICATE OF INSURANCE .........15
ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE
GENERAL LIABILITY...............................................................................16
ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY
......................................................................................................................18
ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY ........ 20
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PUBLIC WORKS CONTRACT ,
For the following project named Seal Beach Blvd At Pacific Coast Highway Intersection
Improvements, Project No. 49758, in the City of Seal Beach.
THIS AGREEMENT, made and entered into this day of 200_, by and
between the City of Seal Beach, California, hereinafter referred to as the "CITY," Party of the First Part,
and
hereinafter designated as the "CONTRACTOR," Party of the Second Part.
WITNESSETH: That the Parries do hereto mutually agree as follows:
ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be
made and performed by said CITY, the CONTRACTOR agrees with said CITY to perform and complete
in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in
the Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all
tools, equipment, labor and.materials necessary therefore (except those materials expressly noted as to be
furnished by the CITY), and to do everything required by this Agreement and the said Specifications,
Drawings, and Contract Documents.
ARTICLE H. For furnishing all said materials and labor, furnishing and removing all plant, temporary
works or structures, tools and equipment and doing all the work contemplated and embraced in this
Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action
of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution
of the work until its acceptance by said CITY, and for all risks of every description connected with the
work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work;
except such as in the said Specifications are expressly stipulated to be borne by the said CITY and
faithfully completing the work and the whole thereof, in the manner shown and described in the said
Drawings, Specifications, and Contract Documents and in accordance with the requirements of the
Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the
unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal.
ARTICLE III. The CITY hereby promises and agrees with said CONTRACTOR to employ and does
hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and
conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same, at
the time, in the manner and upon the conditions set forth in the Specifications and Contract Documents, and
the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby
agree to the full performance of the covenants herein contained.
ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned
therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are
hereby incorporated in and made a part of this Agreement.
ARTICLE 'V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is
hereby specifically referred to and by this reference is made a part of this contract. It is further expressly
agreed by and between the parties hereto that should there be any conflict between the terms of this
instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing
herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
ARTICLE VI. By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions
of Section, 3700 of the Labor Code which require every employer to be insured against liability for
workmen's compensation or to undertake self-insurance in accordance with the provisions of that code, and
I will comply with such provisions before commencing the performance of the work of this contract.
Q
IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year
first above written.
CITY OF SEAL BEACH, CALIFORNIA
Party of the First Part
BY
City Manager
ATTEST:
City Clerk
BY
CONTRACTOR - Party of the Second Part
Title
Address
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Bond No. Bond Premium
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarded
s
(Name and address of Contractor)
("Principal"), a contract (the "Contract") for the work described as follows:
WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful
performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and
firmly bound unto the Public Agency in the penal sum of
Dollars ($ ), this amount being not less than the total
contract price, in lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her
or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the
Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and
performed, all within the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and
others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain
in full force and effect.
In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'
fees in an amount fixed by the court.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder,
or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby
waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the
Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of
California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all
rights of a party hereto. IN WITNESS WHEREOF, 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:
"Principal" - "Surety"
By:
Its
By:
Its
By:
Its
By:
Its
(Seal) (Seal)
Note: This bond must be dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney-in-fact must be
attached.
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Bond No. Bond Premium
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarded to,
(Name and address of Contractor)
("Principal"), a contract (the "Contract") for the work described as follows:
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure
the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and
firmly bound unto the Public Agency in the penal sum of
Dollars ($ this amount being not less than fifty percent
(50%) of the total contract price, in lawful money of the United States of America, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors,
and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her
or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the
persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment
Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance
Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an
amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and
void.
This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil
Code so as to give a right of action to such persons or their. assigns in any suit brought upon the bond. In
case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'
fees in an amount fixed by the court.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder,
or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby
waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the
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Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of
California Civil Code §§ 2845 and 2849.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all
purposes be deemed an original 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:
"Principal" "Surety"
By:
Its
By:
Its
By:
Its
By:
Its
(Seal) (Seal)
Note: This bond must be dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney-in-fact must be
attached.
8
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INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF
SUBROGATION AND CONTRIBUTION
TITLE OF PROJECT OR WORK:
Indemnitor(s) (list all names):
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend,
protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys,
agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any
and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses,
judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys,
or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to
arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act,
error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors,
materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly
or indirectly, out of, in connection with, resulting from, or related to the above -referenced contract,
agreement, license, or permit (the "Agreement") or the performance or failure to perform any term,
provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity
provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by
Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity
provision shall survive the termination of the Agreement and is in addition to any other rights or remedies
which Indemnitees may have under the law. Payment is not required as a condition precedent to an
Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an
Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision.
Indemnitor shall pay Indemnitees for any "attorneys fees and costs incurred in enforcing this
indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to
encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying
Agreement is subject to Civil Code § 2782(a) or (b) the,contracting public agency's active negligence to the
limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is
effective without reference to the existence or applicability of any insurance coverage which may have
been required under the Agreement or any additional insured endorsements which may extend to
Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all
rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties,
from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on
behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by
the Indemnitees. In the event there is more than one person or entity named in the Agreement as an
Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint
and several.
"Indemnitor"
Name Name:
Its
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Its
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AGREEMENT TO COMPLY WITHCALIFORNIA LABOR LAW REQUIREMENTS
[Labor Code §§ 1720, 1773.8, 1775,1776,1777.5,.1813, 1860, 1861, 37001
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the
following provisions of California law:
1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7,
Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the
awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth
in full herein.
2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which
requires the payment of travel and subsistence payments to each worker needed to execute the work to the
extent required by law.
3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775
concerning the payment of prevailing rates of wages to workers and 'the penalties for failure to pay
prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50)
for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as ,determined
by the Director of Industrial Relations for the work or craft in which the worker is employed for any public
work done under the contract by Contractor or by any subcontractor.
4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which
require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such
payroll record's available for inspection as provided by, Section 1776, and (3) inform the Agency of the
location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all .of
its subcontractors.
5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5
concerning the employment of apprentices on public works projects, and further agrees that Contractor is
responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1813
concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency,
forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the
Contractor or by any subcontractor for each calendar day during which such worker is required or
permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in
violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to
secure the payment of compensation to its employees. In accordance with the provisions of California
Labor Code Section 1861, Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to
be insured against liability for worker's compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before commencing the performance of the
work of this contract."
Date Signature
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STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE
CONTRACTORS' LICENSING LAWS
[Business & Professions Code § 7028.15]
[Public Contract Code § 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the
entity on whose behalf this certification is given, hold a currently valid California contractor's license as set
forth below (required at time of award):
Business & Professions Code § 7028.15:
(a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage
in the business or act in the capacity of a contractor within this state without having a license therefor,
except in any of the following cases:
(1) The person is particularly exempted from this chapter.
(2) The bid is submitted on a state project governed by Section 10164 of the Public
Contract Code or on any local agency' project governed by Section 20104 [now § 201.03.5] 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 ventuie 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
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three business days. For purposes of this section, a telephone response by the board shall be deemed
sufficient.
Public Contract Code § 20103.5:
In all contracts subject to this part where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at
the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of
this state. The first payment for 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.: Class: Expiration date:
Date Signature
12
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INSURANCE REQUIREMENTS
FOR CITY OF SEAL BEACH
PUBLIC WORKS CONTRACT
LIABILITY INSURANCE
The Contractor shall at all times during the terms of the Contract carry, maintain, and keep in full force and
effect a policy or policies of comprehensive general liability insurance in which the City, along with its
City Council and each member thereof, and every officer, official, agent, attorney, employee or volunteer
of the City, is the named insured or is named as an additional insured with the Contractor in accordance
with the General Provisions. The insurance company issuing such policy(ies) must be acceptable to, and
approved by, the City Engineer and City Attorney. Contractor shall maintain limits of no less than One
Million Dollars ($1,000,000) combined single limit coverage per occurrence for personal injury or death or
property loss or damage which may arise from or relate directly or indirectly to the acts, operations or
omissions of the performance of the Contractor and/or its subcontractors and/or the employees, agents,
officers, officials or volunteers of either, in the performance of this Public Works Contract. Such insurance
shall include coverage for all automobiles utilized by Contractor's or any subcontractor's employees or
agents in the performance of the Contract. Contractor shall also provide an endorsement in the forms
included in Book H.
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Page Intentionally Left Blank
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WORKER'S COMPENSATION CERTIFICATE OF INSURANCE
WHEREAS, the CITY OF SEAL BEACH 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 EIGHTH STREET, SEAL
BEACH, CA 90740-6379.
2. The insureds under such policy or policies are:
3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of
California covering all operations of the named insureds, as follows:
POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE
4. Said policy or policies shall not be canceled, voided or reduced in coverage or limits of liability,
unless and until thirty days' advance written notice thereof has been served upon the City Clerk of the
CITY OF SEAL BEACH. -
By:.
Its Authorized Representative
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ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured ("Named Insured"):
Name and address of Insurance Company ("Company"):
OFFICIAL TITLE OF PROJECT:
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, its elected officials, officers, attorneys, agents, employees, and volunteers 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 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 Public Agency, by certified mail, return receipt requested, not less than thirty
(30) days prior to 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.
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 Public Agency at:
Director of Public Works
City of Seal Beach
211 8th Street
Seal Beach CA 90740
16 ,
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 POLICY PERIOD LIMITS OF
THIS 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
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 _
of Policy Number
at 12:01 A.M. and forms a part
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
Signature of Authorized Representative
'19.
(Original signature only; no facsimile signature or initialed signature
accepted) `
Phone No.: (
17
n
ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY
Name and address of named insured ("Named Insured"):
Name and address of Insurance Company ("Company"):
OFFFICAL TITLE OF PROJECT:
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:
The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers 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.
1. 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.
2. 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.
3. 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 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.
4. 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.
5. 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
Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to 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.
6. 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.
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.
This endorsement and all notices given hereunder shall be sent to Public Agency at:
Director of Public Works
City of Seal Beach
211 8th Street
Seal Beach CA 90740
7. 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.
18
`✓'
N
TYPE OF COVERAGES TO WHICH POLICY PERIOD
LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/ TO
LIABILITY
Scheduled items or locationsare to be identified on an attached sheet. The following inclusions relate to
the above coverages. Includes:
❑ Any Automobiles ❑ Truckers Coverage
❑ All Owned Automobiles 0 Motor Carrier Act
❑ Non -owned Automobiles ❑ Bus Regulatory'Reform Act
❑ 'Hired Automobiles 0 Public Livery Coverage
❑ Scheduled Automobiles ❑
0 Garage Coverage ❑
11. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all
coverage(s) except:
(if none, so state). The deductible is applicable 0 per claim or 0 per occurrence (check one).
12. This is an .❑ occurrence or ❑ claims made policy (check one)
13. 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 '19
Signature of Authorized Representative
(Original signature only; no facsimile signature or initialed signature
accepted)
Phone No.: ( )
19
ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY
Name and address of named insured ("Named Insured"):
Name and address of Insurance Company ("Company"):
OFFICIAL TITLE OF PROJECT:
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, its elected officials, officers, attorneys, agents, employees, and volunteers
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 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 Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to 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 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.
20
c c
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
Director of Public Works
City of Seal Beach
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 POLICY PERIOD
LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO
LIABILITY'
❑ Following Form
❑ Umbrella Liability
El
10. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO. AMOUNT
11. The following inclusions, exclusions, extensions or specific provisions relate to the above
coverages:
12. A ❑ deductible or ❑ self-insured retention (check one) of $
applies to all coverage(s) except:
so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one).
13. This is an ❑ occurrence or ❑ claims made policy (check one).
(if none,
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 '19
Signature of Authorized Representative
(Original signature 'only; no facsimile signature or initialed signature
accepted)
Phone No.: ( )
21