HomeMy WebLinkAboutAGMT - Commercial Aquatic Services Inc. (McGaugh Pool Renovation) •
Recorded in Official Records, Orange County
RECORDING REQUESTED BY Tom Daly, Clerk-Recorder
IIIIIIIIIINIIINIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIII No FEE
AND WHEN RECORDED MAIL TO 2010000342682 8:49 am 07/20/10
CITY OF SEAL BEACH 143 414 N12 1
Attn: City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
211 - 8th Street
Seal Beach, CA 90740 /t
Space of above this line for Recorder's use. '
*** No Recording Fee Pursuant to Government Code Section 6103, 27383 ****
NOTICE OF COMPLETION 111
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated
below in the property hereinafter described:
2. The full name of the owner is: City of Seal Beach.
3. The address of the owner is: 211 —8th Street, Seal Beach, CA 90740.
4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach.
5. -A-work-of improvement-on-the-property-hereinafter-is described-assubstantially-completed-on---- -- -- —
June 20, 2010. The work was McGaugh Swimming Pool Renovation Proiect#BG1006.
6. The name of the contractor, if any, for such improvement was: Commercial Aquatics
Services. The date of the Contract Award was April 12, 2010.
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: 1698 Bolsa Avenue, Seal
Beach, California 90740.
Date: .ly 121 Zola / /
Signature of owner or corp'rate officer of owner
named in paragraph 2 or -'gent.
VERIFICATION
I, 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.T
Executed on I I2, 2010 , 2010, at Seal Beach, California.
(Date of Signature)
- - Director of aublic- ,�rks
AN AGREEMENT
FOR
McGAUGH POOL RENOVATION PROJECT
between
`p4 SEA( BF
1 /4./ PUggT q C �S
o: •¢f
y' ' ''4. ... «' \ COQ .
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Commercial Aquatic Services, Inc.
1332 Bell Avenue 2 -F '
Tustin, CA 92780
THIS AGREEMENT is made and entered into this 12 day of April, 2010, by and between the
City of Seal Beach, a California charter city ("City"), and Commercial Aquatic_ Services, Inc., a
California State licensed swimming pool contractor ("Contractor").
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RECITALS
A. WHEREAS, the City Council has approved the plans and specifications for the
McGaugh Pool Renovation Project ( "Project ") with respect to design criteria; and
B. WHEREAS, Contractor has submitted a bid to City for the Project dated March
31, 2010 in the amount of $99,320.70 ( "Accepted Proposal" hereinafter). The Accepted
Proposal is attached hereto as Exhibit G and contains, among other things, provisions defining
the Project scope.
NOW, THEREFORE, in consideration of performance by the parties of the mutual
promises, covenants, and conditions herein contained, the parties hereto agree as follows:
AGREEMENT
1.0 Contractor's Services.
1.1 Scope and Level of Services. For and in consideration of the mutual
promises set forth herein, and subject to the terms and conditions set forth in this Agreement,
Contractor shall perform and complete in good and workmanlike manner all work ( "Work ")
required by this Agreement and the documents listed in Subsection 1.2 for the Project.
1.2 Contract Documents. The "Contract Documents" that comprise the
agreement between the City and the Contractor are the: Notice Inviting Bids, Instructions to
Bidders, Accepted Proposal, Non - Collusion Affidavit, Bid Schedule(s), List of Subcontractors,
Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms
for Check or Bond, Specifications, General and Special Provisions and documents referenced
therein, all addenda as prepared prior to the date of bid opening setting forth any modifications
or interpretations of any of said documents, this Agreement, Exhibits attached to this Agreement,
including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B),
Worker's Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D),
Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit
E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any and all
supplemental agreements executed amending or extending the work contemplated and that may
be required to complete the work in a substantial and acceptable manner. These Contract
Documents are hereby incorporated into this Agreement.
1.3 The Work shall be performed in accordance with the Plans, Specifications
and other Contract Documents. Contractor shall furnish at its own expense all labor, materials,
equipment and services necessary therefore, 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 Agreement and the provisions of the other Contract Documents, the provisions of this
Agreement shall prevail.
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2.0 Effective Date. This Agreement is effective as of April 14, 2010 (the "Effective
Date "), and shall remain in full force and effect until Contractor has rendered the services
required by this Agreement.
3.0 Payment. For performing and completing the work in accordance with the
Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of
$99,320.70 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.
4.0 Contractor's Personnel.
4.1 All Work shall be performed by Contractor or under Contractor's direct
supervision, and all personnel shall possess the qualifications, permits, and licenses required by
State and local law and by the Notice Inviting Bids/Instructions to Bidders to perform such
Services, including, without limitation, a City of Seal Beach business license as required by the
Seal Beach Municipal Code.
4.2 Contractor shall be responsible for payment of all employees' wages and
benefits, and shall comply with all requirements pertaining to employer's liability, workers'
compensation, unemployment insurance, and Social Security. Contractor shall fully comply with
the workers' compensation law regarding Contractor and Contractor's employees.
4.3 Contractor shall indemnify and hold harmless City and its elected
officials, officers and employees, servants, designated volunteers, and agents serving as
independent contractors in the role of city officials, from any and all liabilities, damages, claims,
costs and expenses of any nature to the extent arising from Contractor's alleged violations of
personnel practices.
4.4 Contractor is, and shall at all times remain as to City, a wholly
independent contractor. Contractor shall have no power to incur any debt, obligation, or liability
on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall
have control over the conduct of Contractor or any of Contractor's employees, except as set forth
in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of
its officers, agents, or employees are in any manner employees of City. Contractor shall pay all
required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City
harmless from any and all taxes, assessments, penalties, and interest asserted against City by
reason of the work performed pursuant to this Agreement.
4.5 City shall have the right to offset against the amount of any fees due to
Contractor under this Agreement any amount due to City from Contractor as a result of
Contractor's failure to promptly pay to City any reimbursement or indemnification arising under
this Section 4.
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5.0 Indemnification.
5.1 Contractor's Duty. Contractor shall indemnify and hold the City, its
elected officials, officers, employees, volunteers, agents, and those City agents serving as
independent contractors in the role of City officials (collectively "Indemnitees ") free and
harmless from and against any and all claims (including, without limitation, claims for bodily
injury, death or damage to property), demands, obligations, damages, actions, causes of action,
suits, losses, bid protests, stop notices, judgments, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorney's fees, disbursements and court costs) of every kind and
nature whatsoever (individually, a "Claim;" collectively, "Claims "), in any manner arising out of
or incident to the performance of the Agreement, including without limitation the payment of all
consequential damages and attorneys fees and other related costs and expenses. Further,
Contractor shall appoint competent defense counsel, at Contractor's own cost, expense and risk,
to defend any and all such suits, actions or other legal proceedings of every kind arising out of or
incident to the performance of the Agreement that may be brought or instituted against
Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be
rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding
arising out of or incident to the performance of the Agreement. Contractor shall reimburse the
City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them
in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation
to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or
Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any
insurance policies are applicable.
5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1,
Contractor shall reimburse the City for all attorney fees and costs incurred by City in connection
with, arising out of or incident to any bid protest.
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5.3 City's Sole Negligence. Nothing in Section 5.1 shall be construed to
require Contractor to indemnify Indemnities for that portion of any Claim to the extent arising
from the sole negligence or willful misconduct of the Indemnities.
5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights
that they may possess against Contractor because of the acceptance by City, or the deposit with
City, of any insurance policy or certificate required pursuant to this Agreement.
5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and all
parties claiming under or through it, hereby waives all rights of subrogation against the
Indemnitees, while acting within the scope of their duties, from ail claims, losses, and liabilities
arising out of or incident to activities or operations performed by or on behalf of the Indemnitor.
5.6 Survival. The provisions of this Section 5 shall survive the termination of
the Agreement and are in addition to any other rights or remedies that Indemnitees may have
under the law. Payment is not required as a condition precedent to an Indemnitee's right to
recover under this indemnity provision, and an entry of judgment against an Contractor shall be
conclusive in favor of the Indemnitee's right to recover under this indemnity provision.
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6.0 Insurance.
6.1 Liability Insurance. Contractor shall procure and maintain in full force
and effect for the duration of this Agreement insurance against claims for injuries to persons or
damages to property and professional negligence which may arise from or in connection with the
performance of the services hereunder by Contractor, and its agents, representatives, employees
and subconsultants. 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:
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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
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 Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate
for bodily injury, personal injury and property damage. Commercial General Liability Insurance
or other form with a general aggregate limit shall apply separately to this Agreement or the
general limit shall be twice the required occurrence limit.
6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury
and property damage.
6.3.3 Employer's Liability: $1,000,000 per occurrence and in the
aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount
required by law.
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6.4 Deductibles and Self - Insured Retentions. Contractor shall inform City of
any deductibles or self - insured retentions except with respect to any professional liability
insurance.
6.5 Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
6.51 City, its officers, officials, employees, designated volunteers and
agents serving as independent contractors in the role of city or agency officials, are to be covered
as additional insureds as respects: liability arising out of activities performed by or on behalf of
Contractor; products and completed operations of Contractor; premises owned, occupied or used
by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage
shall contain no limitations on the scope of protection afforded to City, its officers, officials,
employees, designated volunteers or agents serving as independent contractors in the role of city
or agency officials which are not also limitations applicable to the named insured.
6.5.2 For any claims related to this Agreement, Contractor's insurance
coverage shall be primary insurance as respects City, its officers, officials, employees,
designated volunteers and agents serving as independent contractors in the role of city or agency
officials. Any insurance or self - insurance maintained by City, their officers, officials,
employees, designated volunteers or agents serving as independent contractors in the role of city
or agency officials shall be excess of Contractor's insurance and shall not contribute with it.
6.5.3 Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
6.5.4 Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be canceled or materially modified except after 30 days prior written
notice by first class mail has been given to City.
6.5.5 Each insurance policy, except for any professional liability policy,
required by this clause shall expressly waive the insurer's right of subrogation against City and
its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents
serving as independent contractors in the role of city or agency officials.
6.6 Accevtability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:V1I unless waived in writing by City's Risk
Manager.
6.7 Verification of Coverage. All insurance coverages shall be confirmed by
execution of endorsements on forms approved by the City. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by City before services commence. As an alternative to City forms,
Contractor's insurer may provide complete, certified copies of all required insurance policies,
including endorsements effecting the coverage required by these specifications.
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7.0 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 $ c3O . oci Mit
WAC*,i9 uda4 day. Such amount is hereby agreed upon as liquidated damages for the loss to the
114' 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.
8.0 Suspension. City may, in writing, order Contractor to suspend all or any part of
the Contractor's Services for the convenience of City or for work stoppages beyond the control
of City or Contractor. A suspension of the Services does not void this Agreement.
9.0 Notices. Any notices, bills, invoices, or reports authorized or required by this
Agreement shall be in writing and shall be deemed received on (a) the day of delivery if
delivered by hand or overnight courier service during Contractor's and City's regular business
hours or by facsimile before or during Contractor's regular business hours; or (b) on the third
business day following deposit in the United States mail, postage prepaid, to the addresses
heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to
time, designate in writing pursuant to the provisions of this Section. All notices shall be
addressed as follows:
If to City: City of Seal Beach - City Clerk
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: Commercial Aquatic Services, Inc.
1332 Bell Avenue 2 -F
Tustin, CA 92780
Telephone: (877) 794 -6227
Fax: (877) 794-6329
10.0 Non - Assignability; Subcontracting. Contractor shall not assign, transfer, or
subcontract any interest in this Agreement or the performance of any of Contractor's obligations
hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or
obligations arising hereunder shall be null, void and of no effect.
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11.0 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.
12.0 Non - Waiver of Terms, Rights and Remedies. Waiver by either party of any
one or more of the conditions of performance under this Agreement shall not be a waiver of any
other condition of performance under this Agreement. In no event shall the making by City of
any payment to Contractor constitute or be construed as a waiver by City of any breach of
covenant, or any default which may then exist on the part of Contractor, and the making of any
such payment by City shall in no way impair or prejudice any right or remedy available to City
with regard to such breach or default.
13.0 Attorneys' Fees. In the event that either party to this Agreement shall commence
any legal action or proceeding to enforce or interpret the provisions of this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover its costs of suit,
including all attorneys' fees incurred in connection therewith.
14.0 Construction. The validity, interpretation, and performance of this Agreement
shall be controlled by and construed under the laws of the State of California. In the event of any
asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the
interpretation of this Agreement shall not be resolved by any rules of interpretation providing for
interpretation against the party who causes the uncertainty to exist or against the party who
drafted the Agreement or who drafted that portion of the Agreement.
15.0 Entire Agreement. This Agreement, including any other documents
incorporated herein by specific reference, represents the entire and integrated agreement between
Contractor and City. This Agreement supersedes all prior oral or written negotiations,
representations, or agreements. This Agreement may not be amended, nor any provision or
breach hereof waived, except in a writing signed by the parties which expressly refers to this
Agreement.
(Intentionally Left Blank)
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IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
CITY OF SEAL BEACH CONTR A TOR:
B B ' • Vd
David N. C ty Manaeer Name t(,{ j v 1 ,� 1 o , ob
Title: -D►(2 Y o Optacin
Attest:
BY: YL(,% / chtfrl.f By:
i n a Devine, C, y Clerk Name: I vie oa l u
Title: ?reSl A eVt�1� ®`
Approve.. s to Form:
•
By: . ,1_II
Siuinn M. Barrow, City Attorney
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Premium subject to adjustment
based on final contract price.
Bond No. 273460 Bond Premium$ 2 980
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarded
Commercial Aquatic Services
1332 Bell Ave, Tustin, CA 92780
(Name and address of Contractor)
("Principal "), a contract (the "Contract ") for the work described as follows:
McGaueh Pool Renovation Project.
WHEREAS. Principal is required under the terms of the Contract to furnish a bond for the faithful
performance of the Contract.
NOW, THEREFORE, wc. the undersigned Principal, and
American Contractors Tndemnity Company
601 S Figueroa St #1600, T,os Angeles, CA
90017
(Name and address of Surety)
( "Surety ") a duly admitted surety insurer under the laws of the State of California. as Surely, are held and
firmly bound unto the Public Agency in the penal stun of Ninet — Nine Thousand
Three Hundred Twenty and 70/100
Dollars (5 99,320_70 ), this amount being not less than the total
contract price. in (awful 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 Suret - v, 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 there under,
or the specifications for the saute, 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 there under. Surety hereby waives the provisions of
California Civil Code S§ 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 cinch corporate party being hereto affixed and these
presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated: April 26, 2010
"Principal' "Surety"
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Bond No 273460
April 26, 2010
Commercial Aquatic American Contractors
Services Indemni y pan`y
By: r' 1GL. / .� B G
'
Its INtOlff 0,_A 1� OILS 1 t Blake A Pfister,
�IYi
By: B Attorney in Fact
Its Its
(Seal) • (Seal)
Note: This bond must be dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney -in -fact must be
attached.
' CALIFORNIA ALL -P R •
•
U POSE ACKNOWLEDGMENT
d _ . :11 • = • _ • _ d: - s7• • - •'C()C. - - • - - . -
STATE OF CALIFORNIA
County of Orange }
On April 26, 2010 beforeme, Lianne Nahina, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Blake A. Pfister
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person* whose name* is /so subscribed to the
within instrument and acknowledged to me that he /fir
executed the same in his/liliheir authorized capacity(#!),
tIANNE NAHINA and that by his/lia ftosir signature(`) on the instrument the
Commisslon # 1 7176 3 3 person*, or the entity upon behalf of which the person*
Notary Public - C alltornlc : acted, executed the instrument.
-tc,laree Orange County E.
NNCorrtr .Boressep t4,201 I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand - nd official seal.
Signature
Place Notary Seal Above Signat e of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Bond 273460
• Document Date: April 26, 2010 Number of Pages:
Signer(s) Other Than Named Above: None •
Capacity(ies). Claimed by Signer(s)
Signer's Name: Blake A. Pfister Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRINT
❑ Trustee OF: SIGNER;' ❑ Trustee OF SIGNER
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
American Contractors
Indemnity Company
- • ems- d- - _ .v - . — • - . erre d — • r7 - - e7
02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item #5907 Reorder: Cali Toll•Free 1- 8004876 -6827
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
- - KNOW'ALL MEN-BY THESE PRESENTS:That American.Contractors Indemnity Company,a California corporation United States=
Surety _Company, -a Maryland corporation _and US Specialty Insurance !Company, a Texas corporation (collectively_the
`Companies"),do by these presents make,c_o-nallute an8 appoint: ' ° -c =
Blake Allen Pfister of Dana Point,California
its true and lawfulAttomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authorityhereby_co-nferred.iaits name,place and stead,,,to execute, acknowledge and deltvet_any and3all bonds,recognizances,undertakings■
p[P ty etyship to include riders, amendments, and consents of surety, providing the-bond =_
enal erdoenno exceed contracts of sur_,, *****One Million***** .= —— Dollars ($ **3;000;000:00*-*) -
This Power of Attorney shall expire without further action on March 18, 2011. This Power of Attorney is granted under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full
_ power-and authority to appoint any one or more suitable persons as Attotney(s)-in-Fact to represent and act for and on behalf of the Company subject to.the following.
,provisions: — '� 11 tt 1 ��I i� I i ——
'y iii U t�
—
Attorney-in-Fact maybe given full power and authority for and to thename of and on behalf of the�Company,to execute,acknowledge and delver,any'andall tionds,_
recognizancesi contracts,agreements or indemnity and+other conditional or obligatory undertakings;avid any and all notices and documents canceling orterrmnating the'
Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President
and sealed and effected by the Corporate Secretary.
Be ii Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating
thereto by facsimile,;and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be-valid,and binding upon the Company with respect to.- --
any and-or undertakin to which it is attache p I this _
--45th.---
da of Ju WHEREOF,The Com antes have caused s c - - _
instrument to be signed and rhea=corporate seals to be hereto affixed,
Y y
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
Corporate Seals t7o _ ctq — _
nmvoarzo 3 SEALg * " t By:'''' __ _
\�, ` *2r' b +, Daniel P.Aguilar,Vice President
\ate'
State of California
County=ofLosAngetes SS: ! '�l -� _ `_.
bi II — '
`On this 15'h day of July, 2008,before me, Deborah Reese, a notary public,personally appeared Daniel P. Aguilar,-Vice President of
American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me
on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that
he executed-the same in his authorized capacity, and that by his signature on the instrument the.person(s),or the entity upon behalf of,
which the person(s)acted,executed the ntstrument = i F" I i
I certify-under-PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and.correct.
WITNESS my hand and official seal.
DEBORAH REESE
,,�j // // S_ Commlulon l 172o21i
Signature ,YL7a✓`` ✓Ieer,—� (Seal) _ -
1i PbtOry Yabllc-Catlbrnb I
- ( ) i jT lof*moos County
3::: M,'Cmmf rlMll.7011
I _—.Jeannie=JKCim,__Assistant Secretary.'of,li�A,l�mencan Contractors Indemnity Company United States Surety Company and U.S..
-Specialty Insurance Company, do hereby certify that the above and foregoing iseta=true-and correct copy of a Powerof.Attorney,
executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in
the Power of Attorney are in full force and effect.
-_
in Witness'-Whereof;I have hereunto set.my hand fid,affixed the seals of said Companies at Los Angeles,California this 26th day=�
Corporate Seals /�p���ry�,Q�,//,�� '(^/ -
/�o�x4E3 S' T tq<r° l'`-"-"' \ 01. ` . ..;w•.a
Bond No ?3,73;4:6 0 /i _JeaAssistant Sretari - .c —— — — _ — _ -
•
•
ACKNOWLEDGMENT
State of Californi
County of i-�v P
On rjZ� [� before me, TDfU /-7(.2&f¢Cf/-Z- 11,/Qh5, /ccr6/, c
/� �� // (insert name and title of the'officer)
personally appeared /7Pa��//e WOod/QA7 r
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ate
subscribed to the within instrument and acknowledged to me that l /she/ttuey executed the same in
bislher/thaff authorized capacity( s), and that by tais/her/tbeir signature(s) on the instrument the
person(s}, or the entity upon behalf of which the person( acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. , TORO HORIMACHHI
:'_X_ ?r:� Commission * 1876558
1 ri 2 Notary Public•California
'H1% Orange County
M Comm.Expires Jan 11,2014?.
Signatu - _. (Seal)
•
• •
EXHIBIT B
PAYMENT BOND
Exhibit B, Page 1
57296-0200A1073470v8.doc
I
• •
Bond No. 273460 BondPremium Included in price
of performance bond.
PAYMENT BOND •
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach has awarded to
Commercial Aquatic Services
1332 Bell Ave, Tustin, CA 92780
•
(Name and address of Contractor)
('Principal"),a contract(the"Contract")for the work described as follows:
McGaugh Pool Renovation Project.
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure
the payment of claims of laborers,mechanics, materialmcn,and other persons as provided by law.
NOW, THEREFORE,we, the undersigned Principal. and
American Contractors Indemnity Company
601 S Figueroa St #160Q, Los Angeles, CA 90017
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, art held and
firmly bound unto the Public .Agencyin the penal sum of Ninety—Nine Thousand
Three Hundred Twenty and 70/100
Dollars(S 99 , 320.70 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.Envy by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal, his,her
or its heirs, executors, administrator, successors or assigns, or subcontractors shall fail to pay any of Ole
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
Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of
California Civil Code§§ 2345 and 2849.
•
•
•
Bond No 273460
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 ansed and these presents duly signed by its
undersigned representative(s)pursuant to authority of its governing body.
Dated: April 26, 2010
"Principal- "Surety.'
Commercial Aquatic Services American Contractors
Indemnity C mpany
69
[Is
019/tUllib-L 1'pairl S Its Blake A Pfister, •
By By Attorney in Fact
Its Its
(Seal) (Seal)
Note: This bond must be dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney-in-fact must be
attached.
CALIFORNIA ALL-PUR•E ACKNOWLEDGMENT •
„7. . v . . . . . . . . . . . . . a,.-. .
STATE OF CALIFORNIA
County of Orange }
On April 26 , 2010 beforeme, Lianne Nahina , Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Blake A. Pfister
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person* whose name") is/g subscribed to the
within instrument and acknowledged to me that he/Stb®y
LWNNE NAHINA executed the same in hisiksailkeir authorized capacity(�a),
Commission # 1767633 and that by hisaili* mi signature') on the instrument the
a,
M N, Notary Public -California persona), or the entity upon behalf of which the person(
t ` Orange County £ acted, executed the instrument.
MyCamm_Ba ep74,2077 I certify under PENALTY OF PERJURY under the laws of
"S- - - the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal.
Signature /� -f�
Place Notary Seal Above Signature otary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Bond 273460
Document Date: April 26 , 2010 Number of Pages:
Signer(s) Other Than Named Above: None
Capacity(ies)Claimed by Signer(s)
Signer's Name: Blake A. Pfister Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑Limited❑General ❑ Partner—❑Limited El General
❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRINT
❑ Trustee
:DESIGNER SIGNER.: lib ❑ Trustee - OF.SIGNER •
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other: El Other:
Signer Is Representing: Signer is Representing:
American Contractors
Indemnity Company
t)CC.K_'X41'P-G`C<.^C4^CU`et>CG`CC.•CSTCLSGce..c rc.:e4sea'Crc.'C(F-czexsC , c. e • - - - - - •0-..a-- er - . ..�_
C 2007 National Notary Association•9350 De Solo Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NatlonalNotary org Item#5907 Reorder:Call To16Free 14800-876-6827
_ `c — 0, ••
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
- KNOW.ALL MEN BY THESE PRESENTS-°That A_mencan Contractors Indemnity Company, a California corporation United States
Surety,Company_a Maryland corporation =and U-S _Specialty Insurance Company la Tezas corporauon (collecuvely=the
ni i9�{ I
Companis'),do by these presnts m ae= onstitute-andappoint �— —
-
— ^ -.
Blake Allen Pfister of Dana Point,California
its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority_.._-_
- hereby°conferred_.irits name,place and stead„to,execute,acknowledge and,dellver__any-and,all bonds, recognizances�-undertakings----
or other instruments or contracts of suretyship to include riders, amendments?and-consents of surety, providing the bond_
penalty-does.notxceed ,l Iii':'' ' ' *****One Million*****�- - _. Dollars ($ **1,000,000.00*_*_).
-This—Power of Attorney shall expire without further action on March 18, 2011. This Power of Attorney is granted under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be II Resolved, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full
`
power and authority to appoint any one or more suitable.-persons asAttorncy(s)-in-Fact to represent and act for and on behalf of the Company subject to,the following-77r-
%•
-- provisions: _ �h , ll i� — __
-.Attorney-in-Fact may be given full power and auchoiity for and in the name of and on behalf of the'Company,to execute;'acknowledge and deliveranyand all bonds,°
recogniaances,-contracts,agreements or indemnity and-other conditional or obligatory undertakings andiany and all notices and documents canceling or'termmting'.the—
_Company's liability thereunder,and any such instmments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President
and sealed and effected by the Corporate Secretary.
Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating
thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to_
- an bond or undertakingao which it is attached C r - - - _ °--. —
Y
IN WITNESS WHEREOF,The Companies"have caused this instrument to be signed end-their°corporate seals to be hereto affixed;this _
=15talday ,of July, 2008. ,,_ - -
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
�SEAGg + By Ia Corporate Seals ,bcu.troes _ sugF _ r i hr" I i �;�'
i -re _ yT- v ° III' il: � a it u =
• 3 q(BaBYlia `€ - * y m '�? Y/�y-'�. c,� — _
_ strtfatt90
.o *' Daniel P.Aguilar,Vice President
State of California
County;of Ios Angeles 5S: u = -_ _ - _ __ _.
I _ °
°On this 15ih day of July, 2008, before me'Deborah Reese, a notary public, persocally appeared Daniel P. Aguilar,-Vice President of -
American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me
on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that
he executed thesame in his authorized capacity, and that by his signature on the instrument the person(s),or the entity upon behalf of_
- which the person(s)acted,executed=,the rnstrunient. — I. ' 114`.
- - --- �, 'II i�Hi ,I �� ��'`
-I certifyunderPENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true.and correct -
WITNESS my hand and official seal. - yr
DEBORAH REESE
,� / / { Jam! commission A 1726217 1
Signature ,Y lll��`` ✓e C- '- (Seal) }”' 5'�',r'"°los motors County b €
�� micays ibsiAa1B,Al1 . , -
- l --
Jeannie J-Kim, Assistant Secretary i'of.Almerican Contractors Indemnity Company United=States Surety Company and U.S.
Specialty Insurance Company, do hereby certify that the above and foregoing 'ii aarue°and'correct copy of a Power of-Attorney,
executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in
the Power of Attorney are in full force and effect.
In Witness Whereof,I have hereunto set my handand:affixed the seals of said Companies at.Los Angeles,California this2.6th °day—
of _ April- 2010.- = o Ii�1 AI °.',I --= -
_�
Corporate Seals (ValgiCOL ALEL
N , T '"
Bond No : 2734.60 3 aruirorBRO sSE , f ,* y Jeannie) IUm,_Assistant Secretary_. -_
Agency No in74 °s o^`"I v� *?* p °= _
.
• •
ACKNOWLEDGMENT
State of Californi
County of j-ng-e )
On z( 2cf-70 before me, /0e(/ '(7RZs 1lc%T /2o7ai talc
��//
(insert name and title of the officer
personally appeared ,4' 'a/``iei- C44067Z-7r ,
who proved to me on the basis of satisfactory evidence to be the per-sat-0:y whose name(s) is/.are-
subscribed to the within instrument and acknowledged to me that hth:ey executed the same in
his/her/their authorized capacity(iss), and that by tttSlher/t+ it signatures) on the instrument the
person($ or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. ToRUHORIMACHI
�1,.
1 F' Commission# 1876558
Z ;q"':r Notary Public •California . _
�„ I Orange County >
Signature _ - --- M(Seal) y Comm. Expires Jan 11.2014
• •
EXHIBIT C
WORKER'S COMPENSATION INSURANCE CERTIFICATE
Exhibit C, Page 1
57296-0200A1073470v8.doc
0
EXHIBIT D-1
ADDITIONAL INSURED ENDORSEMENT
COMMERCIAL GENERAL LIABILITY
[INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY)
Exhibit D-1, Page I
S7296-020011073470v8.doc