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HomeMy WebLinkAboutAGMT - Chemical Services Company-Clortec - PLEASE COMPLETE THIS INFOiION 0 RECORDING REQUESTED BY: Recorded in Official Records, County of Orange Gary Granville, Clerk-Recorder AND WHEN RECORDED MAIL TO: 111111 IIUII II 1111111111111111E11111 1114 No Fee -{ }\a;'+r J,(� 2000018169210:15am 04110100 110 15 R28 4 0.00 0.00 0.00 9.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: {,eso\ukicn 4.76Z 6Z l 1) � , X1(3 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) w 059-TITLE PAGE(R7/95) c N • WHEN RECORDED RETURN TO: RECORDING REQUESTED PURSUANT TO CITY OF SEAL BEACH GOVERNMENT CODE SECTION 6103 211 8TH STREET SEAL BEACH, CALIFORNIA 90740 ��// RESOLUTION NUMBER *786 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #819 SODIUM HYPOCHLORITE GENERATION SYSTEM 1999/2000, CONTRACT ENTERED INTO BETWEEN CHEMICAL SERVICES COMPANY AND THE ar.-IT i IJA SEA L BiACIA. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, on June 28, 1999, the City of Seal Beach entered into a contract with Chemical Services Company for the On Site Sodium Hypochlorite Generation System. WHEREAS, the City Engineer has determined that the work has been substantially completed in accordance with the contract documents. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Seal Beach as follows: Section 1. That the work required to be performed by said Contractor has been completed. Section 2. That the total cost of said work is in the amount of$49,773.00. Section 3. That the work is hereby accepted and approved. Section 4. It is further ordered that a "Notice of Completion", Exhibit "A", be filed on behalf of the City is in the Office of the County of Orange within 10 days of the date of this resolution. PASSED, APPROVED AND ADOPTED the Ci Council of the City of Seal Beach at a meeting thereof held on the 028 day of J,, , 2000, by the following vote: • AYES: Councilmembe 07 0_ ' .- .. / _ 1-: . NOES: Councilmembers t e ABSENT: Councilmembers /7e/L[D41)1) Mayor T"TE T: City erk L/ • • STATE OF CALIFORNIA) COUNTY OF ORANGE) SS CITY OF SEAL BEACH) L Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Numbery7fbon file in the office of the City Clerk, passed, approved, and adopted by the City Co cil of the Ci of Seal Beach, at a regular meeting thereof held on the 2,9 4 day o 2000. C' ; Clerk • RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 8th Street Seal Beach, CA 90740 Space of above this line for Recorder's use. ***No Recording Fee Pursuant to Government Code Section 6103, 27383 **** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereniafter described: 2. The full name of the owner is: City of Seal Beach 3. The address of the owner is: City of Seal Beach, 211 8th Street, Seal Beach, CA 90740 4. The nature of the interest or estate of the owner is; In fee. The City of Seal Beach.. 5. A work of improvement on the property hereinafter describe as completed on January 5, 2000. The work was: On Site Sodium Hypo-Chlorite Generation Project, #825. 6. The name of the contractor, if any,for such of improvement was: Chemical Services Company. The date of the Contract was: July 27, 1999. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California,and is described as follows: 3161 Seal Beach Boulevard, Assessor's Parcel Number 95-020-15. Date: 2/2I/W � Signature of owner or corporate officer of owner named in paragraph 2 or his agent. ASST. CITY ENGINEER VERIFICATION L the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion;have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. 2000 Executed on Feo2 ,'lii ,at Seal Beach, California. (Date of Signah¢e) I % Director of Public Works EXHIBIT "A" r/)- ! . i SUPPLY AND INSTALLATION OF HYPOCHLORITE GENERATION SYSTEMS For SUPPLY AND INSTALLATION OF HYPOCI- ILORITE GENERATION SYSTEMS, in the City of Seal Beach. ` ' } THIS AGREEMENT, made and entered into this 21 f day of J..l I �/ , 1999, by and between the City of Seal Beach, California, hereinafter referred to as the "CITY,/ Party of the First Part, and � Via Set-vices C orn hereinafter designated as the "CONTRACTOR," Party of th econd P WITNESSETH: That the Parties do hereto mutually agree as follows: ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said CITY, the CONTRACTOR agrees with said CITY to SUPPLY AND INSTALLATION OF HYPOCHLORITE GENERATION SYSTEMS, and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in the Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be furnished by the CITY), and to do everything required by this Agreement and the said Specifications, Drawings, and Contract Documents. ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary works or structures, tools and equipment and doing all the work contemplated and embraced in this Agreement, also for all Toss 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 bome 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 surn 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 VL 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. • A 1 P- 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 irst • BY r. � City . .ger �ATTES'I': Ci Clerk BY CONTRACTOR - Party of the Second Part P Title Address • • -ze -99 • INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION SUPPLY AND INSTALLATION OF HYPOCHLORITE GENERATION SYSTEMS Indemnitor(s) (list all names): • tiv)/ rte/ , 2/'c %cts Comdr /A(1 • 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 locces 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 attomey's 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's 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. • "Indenuutoi" Name /G "rL %02 atea= -� c" - Name: • By By: Its pees• -40 ti — Its 1 ` t + 1 AGREEMENT TO COMPLY WITH • CALIFORNIA 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 Califomia 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 subcon- tractor 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 I, 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 Califomia 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 a ' 9 Signature , 07/26/1999 12:09 4088711314 CHEMICAL SERVICES CO PAGE 08 0 on Final Contract Price Bond No. 89010 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that WHEREAS the City of Seal Beach,has awarded CHEMICAL SERVICES COMPANY 1077 DELL AVENUE SUITE. A CAMPBELL, CA 95008 (Name and address of Contractor) ("Principa"),a contract(the"Contract")for the work described as follows: ON—SITE SODIUM HYPOCIILORTTE GENERATTON SYSTFM WHEREAS, Principal is required under the terms of the Contract to fitilsh a bond for the faithful performance of the Contract. NOW,THEREFORE,we,the undersigned Principal,and AMERICAN CONTRACTORS INDEMNITY COMPANY 1737 N. FIRST STREET, SUITE 200 SAN JOSE, CA 95112 .(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 FORTY NINE THOUSAND STX MINORFO ANO FORTY FTVF**************** Dollars ($49.645.00**** ), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed,all within the time and in the manner therein specified,and in all respects according to their true intent and meaning, and than indemnify and bold 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 amounu fixed by the court. FURTHER,the Surety,for value received, hereby stipulates and agrees that no change,extension of dme, alteration,addition or modification to the terms of the Contact,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 $§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF. two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof. have been duly executed by Principal and 07/29/1999 07:13 4888711314 CHEMICAL SERVICES CO PAGE 05 Suety. on the date set forth below, the name of each corporate party ng hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authors of its governing body. Dated: "Principal" "Surety" CHEMICAL SERVICES COMPANY AMERICAN CONTRA TORS INDEMNITY COMPANY ar ,.r� �� opetvr! Ifs IrrELAI 'E E. t .Y A'TORN —IN—FACT By a - By: Its — - ��®� CONTRACTORS BOND BROKERAGE, INC. 1737 No. First Street, Suite 200 • PROFESSIONA1 San Jose, CA 95112 • INSURANCE (408) 452-4644 FAX (408) 452-4646 (Seal) AGENT Note: This bond must be dated, an signatures m :I oe notarized, and evidence of the authority of any person signing as • r• ney-in-fact must be attached. • , ! is CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT `Y.. r' .ce erereesv:c.<,t-cecerc.cer•,urceererce:ce seew.ctcc ercoc o.crererco,ce,erT.revery-rercxcoc<.crocr f, 3 fi State of California p I� s ,. / m SS. 0. g County of rl-t4- Nan- fi Q (q , On 174. 0/ , before met_', __ink a Office (e.g.,'Jane tl - „�_ .- 'r e,I ((// `"Date Name and Title of Office (e.g.,`Jane Doe,Notary P.ollc') 01 personally appeared �s r - . .ua. � 0I 1$ Name(s)•I Signer(s) 0• r ersonally known to me proved to me on the basis of satisfactory e Ifi l evidence $ s to be the personk whose name() is/are- r subscribed to the within instrument and • fi acknowledged to me that he/st3e they executed s Itz, �" " the same in his/her/Nheir authorized y Ifi 1 t4..R.),� Corr, Okgy,, capacityfies), and that by his r • fi Not mission#rl BqS signatureK on the instrument the person( , or Al- HycSOntoCbo°'CO/itQno I. the entity upon behalf of which the perso (\) • a m. POCouny acted, executed the instrument. ��71zt i ,AX WITNEaS my hand and •fficial se.l. s• �A 411..../Ai f.3. -A r ■ , Place Notary Seal Above igna r e:(Notary Pu• c•.. Q fiOPTIONAL II, Though the information below is not required by law, it may prove valuable to persons relying on the document Si F and could prevent fraudulent removal and reattachment of this form to another document. y: fi I' Description of Attached D. ume t I / 3 Title or Type of Document: 'IJ . a s A h•� — a 3 fi I Orr ,(,,� I� Document Date: '�i"r-tw.-�— Number of Pages: • g Signer(s) Other Than Named Above: Ana to 61.14-1. i-- C�Sit AC y. fi Capacity(ies) CI tmed.//bry Signer +I fi Signer's Name: _tl Ll in ev D •GHr THUMBPRINT 0.11 5 ❑ Individual OF SIGNER y'. f<fi" I Top of thumb here ?I L orporate Officer—Title(s): r^./1j 4 pt_9444-- y. Ifi ❑ Partner—O Limited ❑ General ?I Ig ❑ Attorney in Fact 0, Ig ❑ Trustee °• fi 111 Guardian or Conservator s, I111 Other: s' g II Signer Is Representing: 0: If ,i S' O 1997 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 ,, • �ND NO. : 89010 . AMERICAN CONTRACTORS INDEMNITY COMPANY Los Angeles,California POWER OF AITORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation(the"Company"),and having its principal office in Los Angeles,California does hereby constitute and appoint: Madelaine E. Gentry of San Jose, California as its true and lawful Attorney(s)-in-fact, in amount of$291,000.00 to execute, seal and deliver for and on its behalf as surety,any and all bonds and undertakings,recognizancesicontracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the 6th day of December, 1990. RESOLVED that the Chief Executive Officer,President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority. 1. To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove,at any time,any such Attorney-in-fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating therto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsmile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer this_"12th day of June 19__9 6_ ���QIS11%4 yAMERICAr CO. CTO SINDEMNITY COMPANY I 'ORPoR,UER 1 �� S31.16J99B[ By: , d•/.. _ / c ' President STATE OF CALIFORNIA `i1FORN��` Andy Fa st COUNTY OF LOS ANGELES , On 6/17/96 before me, fahnrah Rance ,personally appeared Andy FAust in personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS ni hand 1 and official seal- DEBORAH REESE /�/V"'!�� a • _ a, _ COMMi# California > b'//l ,/(,f�1_ 'Z `• �' Notary Public— Colit v LOS ANGELES COUNT' CERTIFICATION MY Corm.Expires JAN 16, 1099 k I,the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. . IN TESTIMONY WHEREOF,I have herunto set my hand this 29th _ day of JULY 19 99 ' 4_-{ 0 ortic- Ass't Seer pr John .S. Sug>_ a , • CALIFORNIA ALL-PURPOSSKNOWLEDGEMENT • State of California County of Santa Clara On .mi.Y 29- 1999 before me, Mark Gentry DATE NAME,TCCLE OR OFFICER-E.G."JANE DOE,NOTARY PUBLIC' personally appeared Madelaine E. Gentry NAME(S)OF SIGNER(S) [X] personally known to me- OR- [] proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the MARK GENTRY person(s), or the entity upon behalf of which the person(s) �Q1'. Commission# 1198115 33 acted, executed the instrument. -= Pubic-Calltamfa 5 i _? :.s.:. Notary t t Santa Clara Co t 10. ,..,, NryCamm.Frgcas�t42332 WITNESS my • . • an• cial seal. � - _4 SIGNATURE OFN• :Y OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIlVIED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER PERFORMANCE BOND TJTLE(S) TITLE OR TYPE OF DOCUMENT []PARTNER(S) [] LIMITED [] GENERAL EIGHT PAGES INCLUDING NOTARY [X]ATTORNEY-IN-FACT NUMBER OF PAGES []TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER JULY 29, 1999 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR EN1TCYOES) AMERICAN CONTRACTORS INDEMNITY COMPANY SIGNER(S) OTHER THAN NAMED ABOVE 07/26/1999 12:09 4088711314 CHEMICAL SERVICES CO PAGE 06 • • BOND NO. : 89010 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: Nti_E [TEAS the City of Seal Heach,has awarded to CHEMICAL SERVICES COMPANY 1077 DELL AVENUE SUITE A CAMPBELL, CA 95008 (Name and address of Contractor) CPrintapal'.),a contract(the"Contract")for the work described as follows: ON—SITE SODIUM HYPOCIU.ORITE GENERATION SYSTEM 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 AMERICAN CONTRACTORS INDEMNITY COMPANY 1737 N. FIRST STREET, SUITE 200 SAN JOSE, CA 95112 (Name and address of Surety) ("Surety")a duly admitted surety insurer under the laws of the State of Califomia,as Surety, are held and firmly bound unto the Public Agency in the penal sum of FORTY NINE THOUSAND SIX HUNDRED AND FORTY FIVE DOLLARS*** Dollars (S 49 645 00 this amount being not less than fifty percent (50%) of the total contract price, in lawlid money of the United States of America, for the payment of which sum well and truly to be made,we bind ourselves, our bears, executors, administrators, staxeasors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OP THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs,exetaitors, adntiaistmtore successors or assigns, or subcontractors shall fail to pay any of the pawns named in Section 3181 of the California Civil Code,or any amounts due under the Unemployment 'lantanoe 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 Dom the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Cade, with respect to work or labor performed under the Contract,the Surety will pay for the same in an amount not exceeding the penal rum specified in this bond;otherwise,this obligation shall become null and void. This bond shall inure 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 wait is brought upon this bond Sway 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 tams of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code if 2845 and 2809. 07/26/1999 12:09 4088711314 CHEMICAL SERVICES CO PAGE 07 • • DI WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original haeof, have been duly executed by Principal and Sanity, on the date set forth below, the mere of each corporate party being hereto affixed and these presents duly signed by Na undersigned repmaentadve(s)pursuant to authority of its governing body. Dated: "Principal" "S " CHEMICAL SERVICES COMPANY AMERICAN CONTRACTORS INDEMNITY COMPANY �By. B •• 'I _�l/ By: I By: Ik 8hI E1N� R Y Its • CONTRACTORS BOND r Pit BROKERAGE, INC. ® 1737 No. First Street,Suite 200 PROFESSIONAL San Jose, CA 95112 I FRANCE (408) 452-4644 FAX (408) 452-4646 (Seal) (Seal) \ i Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .ec'...`.=,,`,,c-ac:occ-co(w Vireoce...ee'.co-r—.r-eoce. cr..rececererar..cr..encew-erer .ercr'.ecscccre toe..oy ) it State of California iq 1 1. SS. ;' I¢ County of pl. ♦ JJJ '. ', .4. e l J q� p c O L , before me, ,A .a h. r.. -�. .L . . T14 r Date Name and Title of Officer(e.g.,"Jane Doe, otary Public") I l . personally appeared _2j_J npeLr f , ;I A Name(s)of lgner(s) :?i e ❑ personally known to me 's 1.ft t7 roved to me on the basis of satisfactory A e Idence 3. A bi 'e to be the person whose namets) is/ace '' 'e subscribed to the within instrument and ?' acknowledged to me that,he(s12e#laey executed g art SHARONLMWK,M the same in his/hor/t#eir authorized e i.„ ri;:uz N mmission#1758414 capacitypss), and that by his/he#Jtkeir 1 d ;v °i°rY Public-Cclifom' signatureN on the instrument the personO, or ?' ti Santo Cleo Count' t° the entity upon behalf of which the person( A sYComm.up-esCcr12,2001 acted, executed the instrument. It is] it WITNE/. my hand and official se.I. 3'I a. '° \ 4 .Y ia __.4 /_ k - ,f 67 ?' �� Place Notary Seal Above '� gna ure o f 01.y Pu.is 0. I� OPTIONAL '• �e 3• Though the information below is not required by law, it may prove valuable to persons relying on the document 3 is and could prevent fraudulent removal and reattachment of this form to another document. )i; c Description of Attached 7p9�ccum t Title or Type of Document: _g /l/t 4.-4 714.e4A.t.Le / Da '! 'i Document Date: L I2.{ Q Number of Pages: 4— ,,' y / 6 6TT••e024C Ir Signer(s) Other Than Named Above: MGt -G I �L b• ii y0. d Capacity(ies) Cl.imed by Signer +' li Signer's Name: A RIGHT THUMBPRINT ;I — _ - ; _ OF SIGNER :0'. ❑ Individual Top of thumb here 14 y Corporate Officer—Title(s): 0 TP/"r. ei/1 _ L7 Partner—0 Limited ❑ General •r' d ❑ Attorney in Fact b 'e ❑ Trustee ''' 14 L Guardian or Conservator it' )oI 4 ❑ Other: 14 j, id Signer Is Representing: t?' it' T IQ ''. ©1997 National Notary Association•9350 De Solo Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-875-6827 CALIFORNIA ALL-PURPOS CKNOWLEDGEMENT State of California County of Santa Clara On JULY 29. 1999 before me, Mark Gentry , DATE NAME,TITLE OR OFFICER-E.G."JANE DOE,NOTARY PUBLIC' - personally appeared Madelaine E. Gentry NAME(S)OF SIGNER(S) [X] personally known to me- OR- [] proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the MARK GENTRY person(s), or the entity upon behalf of which the person(s) `` Commission# 1198115 acted, executed the instrument. >; m: Notary Public-California : Santa Clara County ire!% WITNESS my hand and official seal. MyComm.Spke Oct 10.7 _— �,.�� wrest SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER PAYMENT BOND TmE(S) TITLE OR TYPE OF DOCUMENT []PARTNER(S) []LIMITED [] GENERAL EIGHT PAGES INCLUDING NOTARY [X] ATTORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER .TITLY 29. 1999 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTrrY(IES) AMERICAN CONTRACTORS INDEMNITY COMPANY SIGNER(S) OTHER THAN NAMED ABOVE BOND NO.: 89010 r :, A AMERICAN CONTRACTORS INDEMNITY COMPANY • Los Angeles,California POWER OF ATFOR NEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation(the"Company"),and having its principal office in Los Angeles,California does hereby constitute and appoint: Madelaine E. Gentry of San Jose, California as its true and lawful Attorney(s)-in-fact, in amount of$241,000.00 , to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the Cth day of December, 1990. RESOLVED that the Chief Executive Officer,President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority. 1. To appoint Attorney(s)-in-fad and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove,at any time,any such Attorney-in-fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating therto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsmile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer this 12th day of June 19_46_— C,�a U4r • a " AMERICA' • I CFO S INDEMNITY COMPANY 3 lai h By:— ./. - President- STATE OF CALIFORNIA - 4ff0A0 Andy Fa st COUNTY OF LOS ANGELES , On 6/12/96 before me, Ilehnrah RPPSP ,personally appeared A,,,t.. rau_^,t i personally known to me-OR-El proved to me on the basis of satisfactory evidence to be the person(s)hose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS m hand d and official seal. DEBORAH REESE t.412416.1),_°1``�`- Or COMM.t 104A584 Z_Ag ' z Nofary Public—California v LOS ANGELES COUNTY cry "'"• My Corr.m..E. _xpires JAN 16. 1999 P+ CERTIFICATION ,•..„-- .i _ _Pt I,the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney,with the ORIGINALS ON PILE IN THE HOME OFFICE OF SAID COMPANY, and that same are correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have herunto set my hand this 29th day of JULY 19 99__ (J - Z Ass 't Seer f John .S. Sugi'`Ea