HomeMy WebLinkAboutAGMT - Cora Constructors Inc. (Pump Station No. 35) Recorded in Offi Records, Orange County
Toni Daly, Clerk-Recorder
1111111 ill IIII IIIIII111111111 IIII1111I1 011111111111IIIIII1101IIIIINO FEE
RECORDING REQUESTED BY . 2007000516912 11:16am 08/20/07
120 211 N12 1
AND WHEN RECORDED MAIL TO 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
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 **** I
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
I. 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 owneris: City ofSeall3ea-eh "" - ' " - . -- - - - --- ----
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 is described as substantially completed on May 24,
2007.The work was: Sewer Pump Station#35 Phase I Upgrade Protect 49886.
6. The name of the contractor, if any, for such improvement was: Cora Contructors, Inc.. The date of the
Contract Award was: November 14,2005.
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: Seal Beach Blvd. & Electric Avenue.
Date: -210 v,0 -
///// tfr
Signature of owner or corporate ,fficer of owner
named in paragraph 2 or his ag•t.
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.
Executed on 8 ' y ,2007,atSeal Beach, California.
(Date of Signature)
0/4614e:s.
Director of Public Works
•
SEWAGE PUMP STATION NO. 35 PHASE I UPGRADES PROJECT
• For THE SEWAGE PUMP STATION NO. 35 PHASE I UPGRADES PROJECT, in the City of Seal Beach.
.9O
THIS AGREEMENT, made and entered into this / ' 1 *ti day of Novem}aef , 1-9 Q S by and between the
City of Seal Beach, California, hereinafter referred to as the "CITY," Party of the First Part, and
do A t?-o N s -rawr7 a RS T�! C hereinafter designated as the
"CONTRACTOR," Party of the Second Part.
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 the UPGRADES TO SEWAGE PUMP
STATION NO. 35 PROJECT, 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. •s .;,
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 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.
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.
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
R:speciSeal Beach�Seuage Pump Siahon 35 PHl (July '05) 1 CONTRACT DOCUMENTS — BOOK II OF IB
• •
IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above
written.
CITY OF SEAL BEA • , CALIFORNIA •
Party of the FS'
City Mane
AI / EST:
/4 A 4.. AN.41../
c ity i lerk
BY
CONTRACTOR - Party of the Second Part
P2G5 Da
Title
7 JoNltD2 , PAWA Deserr I C4 ° laara o
Address
•
•
R:speclSeal BeacMSeunge Pump Station 35 PH1 (July '05) 2 CONTRACT DOCUMENTS — BOOK II OF BI
• •
PREMIUM: $7,503.00
Bond No. 6360023
PERFORMANCE BOND
KNOW ALL PERSONS BY TIIESE PRESENTS that;
WHEREAS the City of Seal Beach, has awarded CORA CONSTRUCTORS, INC.
74 -885 JONI DR:, UNIT 4
PALM DESERT CA 92260
(Name and address of Contractor)
( "Principal "), a contract (the "Contract ") for the work described as follows:
SEWAGE PUMP STATION NO. 35 PHASE I UPGRADES PROJECT •
%V1:IEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the
Contract.
• NOW, TI3EREFORE, wc, the undersigned Principal, and FIRST NATIONAL INSURANCE COMPANY OF
AMERICA _
120 VANTIS, STE 130
ALISO VIEJO,C A 92656
(Name and address of Surety)
( "Surety ") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and fuzzily bound
unto the Public Agency in the penal sum of FIVE HUNDRED THIRTY —FOUR THOUSAND EIGHT HUNDRED
AND NO/ 100 — — Dollars $ 534,800.00 — — — ), 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 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 frill 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. RECEIVED
® DEC 0 2 2005
R.specl Saaf Beuel,ISaxnge Pump S'a«oa 35 PH J (July '0.T) 3 CONTRACT DOCUMENTS — BOOK If OF 10
•
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"
CORA CONSTRUCTORS, INC. FIRST NATIONAL INSURANCE COMPANY OF AMERICA
III Alb.
ls_� ,:, (if P
Its QttS,aa. ^} Its MICHAEL 71 . STONG, TORNEY —IN —FACT
By: By:
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 attomey -in -fact must be attached..
•
• •
RapeclSen/BeachlSewage Pump SYndfan 35 PF! / (.uly '05) 4 CONTRACT DOCU.4IaNT9 — BOOK If OP III
• •
State of California
ss.
County of 16 v /' € .
On /oZ /�o r , before me, .5: ly�glr [Fz /f /47a
Date 11 Name and Title of Officer (e.g., "Jane Doe, Notary Public ")
personally appeared U ENNAS Zi
Name(s) of Signer(s)
K.-personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the persons whose name(X is/pee subscribed
to the within instrument and acknowledged to me that
YNNE CA utT he /sl�they executed the same in his /hefitlyet(r
Commission 0 1618431 authorized capacity( and that by his/h,�itbraif
a'
" . ? ro � - commit:I signature($' on the instrument the person(, or the
alventic10 County - entity upon behalf of which the person(4' acted,
Comm. Wht Eltpit03 Pew 3, 2009 executed the instrument.
WIT ESS my hand and official seal.
Place Notary Seal Above
p�
q Sig ure 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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General RIGHT - THUMBPRINT ❑ Partner — ❑ Limited ❑ General [R,,�IG,H�.TTRUMBPRINTi
❑ Attorney in Fact I ❑ Attorney in Fact OFSiGNEBtal
Top of thumb here y Top of thumb here
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
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® 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 Item No. 5907 Reorder. Call Toll -Free 1-800- 876 -6827
• •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
• r, '_ tir. '---teCcr>cr crer a' 74CO.C47<..<' CCC. el' . cr>o^.crer'ec7 crcr erg 'ti<. ti
State of California
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County of RIVERSIDE
On k 1 t 1 DS , before me, R. CISNEROS 4
o to Name and Title of Officer(e.g.."Jane Doe,Notary Public')
fif personally appeared MICHAEL D. STONG
Name(s)of Signer(s) ,71
3 CS personally known to me
2 ❑ proved to me on the basis of satisfactory h
fi evidence
•
to be the person'whose name/is/91 9
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° R.CISNEROFS subscribed to the within instrument and
COMM. #1488731 a
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acknowledged to me that he/she/they executed/#Fi•NOTARIVEME aSMORNIA
the same in hls/herefr authorized
I Comm.Ex ireS June 7,2008 capacity(iee), and that by his/her/thoir 9
1 signature( 'on the instrument the personceor A,
the entity upon behalf of which the person(4
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acted, executed the instrument.
fi WITNESS my hand and official seal. 9
Place Notary Seal Above Signature of Notary Public
eirs fi OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document ;1
r and could prevent fraudulent removal and reattachment of this form to another document. 7�
pDescription of Attached Document
p Title or Type of Document: ,3
it Document Date: Number of Pages:
Signer(s) Other Than Named Above:
pi
fi Capacity(ies) Claimed by Signer
( Signer's Name: RIGHTTHUMBPRINT 'Ps
OF SIGNER;
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fi ❑ Corporate Officer—Title(s):
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❑ Guardian or Conservator !Ps
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Signer Is Representing: - 9
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01999 National Notary Association•9350 De Soto Asa.,PO.Boa 2402•Chalawodd,CA 91313.2402•www.nationalnotary org Prod No.5907 Reorder.Call Toil-Free 1-809-575-6827
• • BON•UMBER 6360023
• PREMIUM INCLUDED IN PERFORMANCE BOND
• S PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarded to CORA CONSTRUCTORS , INC .
74 -885 JONI DR., UNITE 4
PALM DESERT CA 92260
(Name and address of Contractor)
( "Principal "), a contract (the "Contract ") for the work described a follows:
SEWAGE PUMP STATION NO. 35 PHASE I UPGRADES 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, materialmen, and other persons as provided by law.
NOW. TI EREFORE, we, the undersigned Principal, and FIRST NATIONAL INSURANCE COMPANY OF
• AMERICA
120 VANTIS, STE 130
ALISO VIEJO, CA 92656
(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 FIVE HUNDRED THIRTY —FOUR THOUSAND EIGHT * Dollars *HUNDRED
($ 534,800.00 — — — —) this amount being not less than fifty percent (50 %) of the total contract price, in
lawful money of the United States of .Axmenca, 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, ber 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 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 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
P.spoo15ani BooddBowago Pump Station 35 PN! (July 05) 5 CONTRACT DOCUM6NT5 ,OOH,D OP III
40 •
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.
IN WITNESS «EREOF, 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" "Surma'"
CORA CONSTRUCTORS, INC. FIRST NATIONAL INSURANCE COMPANY OF AMERICA
By: By: Litt t. 17-( ( D c
Its CI c X5 6 a,r. I MICHA !! . STONG, ATTC}..NEY —IN —FACT
By.
By;
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.
•
•
• •
gpccl 3ealBac! IS¢, wte Pump Station 35 PM I (July '03) 6 CON7P.ACT AOCIJN vrS -130=11 OF 1n
• •
• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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County of O�.I,JeeS
On Tx C, eQ o2&aS , before me, ,S A2 A.Gy ),ue4izea- #I Alow ech/G ,
ale Name
and The of Officer(e.g.,"Jane Doe.Notary Public")
personally appeared 7tNti1lS C• - r_TA'J
Name(s)of Signer(s)
Vpersonally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person) whose name(s) is/44.4 subscribed
to the within instrument and acknowledged to me that
SARAWNNIE cAZEwu he/sp'e/tVey executed the same in his/her/$ir
A Commission 1618431
authorized capacityO, and that by his/f /tla4r
d- " : y si nature on the instrument the person or the
£ ��,,_s Notary Public-California cGlir«nlo 9 �) P
Riverside County entity upon behalf of which the person(s) acted,
neycomm explresNov 3.20139 executed the instrument.
WIT,ESS my hand and official seal.
• Place Notary Seal Above !te,
•'atere 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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General RIGHT THUMBPRINT ❑ Partner—❑ Limited ❑ General RIGHT THUMBPRINT
❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact - OF SIGNER
Top of thumb here y Top of thumb here
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
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02004 National Notary Association•9350 De Soto Ave.,RO.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
. • •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
• r-N-.ecergeecrc,cecep.'er ' 'cc��caer oc c. .c<'.e -cram'c '.stzr .o^er. .cr-c1' by
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State of California
g } ss.
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( t I DC R. CISNEROS g
cl On 1.2_I Del , before me, Name and Title of Officer(e.g.."Jane Doe.Notary Public')
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r Name(s)of Signer(s) h
fi • CX, personally known to me
fi
El proved to me on the basis of satisfactory
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to be the person'whose name is/
subscribed to the within instrument and S
R.PUBLIC-COS
acknowledged to me that he/she/they executed
Ea COMM. #1488731 p the same in his/hor/their authorized
'4 � NOTARY PUBLIC CALIFORNIAN capacity(ieg), and that by his/ham
RIVERSIDE COUNTY signature(s-'on the instrument the personX or P.
M Comm.Ex fires June 7,2008
the entity upon behalf of which the personX
acted, executed the instrument.
WITNESS my hand and official seal.
•
Place Notary Seal Above J Signature of Notary Public 3
OPTIONAL 4
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. 7�
Description of Attached Document
Title or Type of Document: ;
0
Document Date: Number of Pages: .
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
,`)I Signer's Name: RIGHTTHUMBPRINT R' 1
Top of thumb here .
❑ Individual - OFSICNE
❑ Corporate Officer—Title(s): a
fi ❑ Partner—❑ Limited ❑ General i'i,
fi ❑ Attorney in Fact n
❑ Trustee
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01999 National Notary Association•9350 De Soto Ave..PO.Boa 2402•Cbatswodd,CA 91313-2402•www.nationalnotaryorg Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6027
• •
EXHIBIT A
•
•
IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING
THE TERRORISM RISK INSURANCE ACT OF 2002
As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of
America, General Insurance Company of America, First National Insurance Company, American States Insur-
ance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk
Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances we may be
eligible for reimbursement of certain surety bond losses by the United States government under a formula
established by this Act.
Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that
exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act
also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of
terrorism. Losses on some or all of your bonds may be subject to this cap.
This notice does not modify any of the existing terms and conditions of any bonds issued for your account, the
underlying agreements guaranteed by those bonds, any statutes governing the terms of those bonds or any
generally applicable rules of law.
At this time there is no premium change to any of your bonds resulting from this Act.
• Dated: February 24, 2003
•
5-6247 2/03
SAFECO' POWER - FIRST NATIONAL INSURANCE COMPANY OF AMERICA
/ OF ATTORNEY PO BOX 34526
FIRST NATIONAL SURETY SEATTLE,WA 98124-1526
0 130X 34526
SEATTLE,WA 98124-1526
No. 6966
KNOW ALL BY THESE PRESENTS:
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint
.*******•******•***..MICHAEL D.STONG;ROSEMARY CISNEROS;SHAWN BLUME;SUSAN C.MONTEON;Riverside,California.."********YY.a•*******4
its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or Undertakings and other documents of a
similar character issued by the company in the course of its business,and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as
if such instruments had been duly executed by its regularly elected officers at its home office.
IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 30th day of June , 2004
' ca-y,d
1Lk kcapoi, CICC----%
CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT
CERTIFICATE
Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA
"Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that
urpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with
thority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or
on any bond or undertaking of the company,the seal,or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;provided,however,
that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V,Section 13 of the By-Laws,and
(ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof."
I,Christine Mead,Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a
Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the
Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation D��.
this 16r day of l krtC YU-' , 200C .
sc9�NCECo •
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51.a SEAL s. C�
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• • CHRISTINE MEAD,SECRETARY
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S-1049/FNEF 7/98 O+A registered trademark of SAFECO Corporation
06/30/2004 PDF
• •
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
• AND WAIVER OF SUBROGATION AND CONTRIBUTION
SEWAGE PUMP STATION NO. 35 PHASE I UPGRADES PROJECT
Indemnitor(s) (list all names):
OA) 1Z i4 abasTLux TD S � .�./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 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
411 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
coverages 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 'D E AJ Vl3 ritcroi4 Name:
B y : \ � B y :
Its Qt ft,S% a a•-%. Its
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R:speelSeal BeaehlSewage Pump Station 35 PH J (July '05) 7 CONTRACT DOCUMENTS — BOOK 11 OF Ill
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AGREEMENT TO COMPLY WITH
CALIFORNIA LABOR LAW REQUIREMENTS
[Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700]
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with 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.
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 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 ti1.-\ 5\ Signature
R:speclSeaiBeachLSeuvge Pump Station 35 PH 1 (July '05) 8 CONTRACT DOCUMENTS — BOOK I1 OF II1
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STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES
:41 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:
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 § 20103.5] of the Public Contract Code.
(b) If a person has been previously convicted of the offense described in this section, the court shall
impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work,
or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than
10 days nor more than six months, or both.
In the event the person performing the contracting work has agreed to furnish materials and labor on an
hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of
materials and labor furnished and the cost of completing the work to be performed.
(c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the
time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his
or her individual licensure.
(d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered
professional engineer to form joint ventures with licensed contractors to render services within the scope of their
respective practices.
(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who
is not licensed in accordance with this chapter shall be considered non - responsive and shall be rejected by the public
agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or
issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid.
Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a
citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order
to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such
citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order
issued to, a contractor who is not licensed pursuant to this chapter is void.
(f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the
Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision
was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this section if the public
employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of
any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this
section, a telephone response by the board shall be deemed sufficient.
Public Contract Code § 20103.5:
R:speelSeal BeachlSeMege Pump Station 35 PH I (July '05) 9 CONTRACT DOCUMENTS — BOOK II OF BI
• 1
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 prequalification 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.: 76.4 3 0 4 Class: A Expiration date: ..a / /aS
Date \"L\S` Signature
0
0
R:spectSealHeachLSexage Pump Station 35 PH 1 (July '05) 1 CONTRACT DOCUMENTS — BOOK II OF III
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WORKER'S COMPENSATION
CERTIFICATE OF INSURANCE
WHEREAS, the CITY OF SEAL BEACH has required certain insurance to be provided by
S74T Fwv`lj
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: eh lam} N l.JL.'TO 25 I TAM _
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
000 ?Li 7,3 - goo !p /4/.2_00 7
• 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: \v�
Its Authorized Representative
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R:spaLSeal BeaehlSewage Pump Station 35 P311(July '05) 13 CONTRACT DOCUMENTS - BOOK II OF 111
1111 .
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY ah
C®R 0 . f o i t s r e . u . e T 0 es =aJC, 74 885 UL M = �E. ` , Pi i DeSeef CA 9aa '
Name and address of named insured ( "Named Insured "):
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8M-AIGY ' • B EY ' ?c - E OX 8.54,3 8 , SA-N '1 e O , CA 9.24 0,
Name and address of Insurance Company ( "Company "):
SEWAGE PUMP STATION NO. 35 PHASE I UPGRADES 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
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.
R:spec6Seal Beachl&nnge Pump Station 35 PH 1 (July '05) 14 CONTRACT DOCUMENTS — BOOK II OF III
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ChB
Lic. #766304 -A &B
November 28, 2005
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake self
insurance in accordance with the provisions before commencing the performance of the
work of this contract"
CORA CONSTRUCTORS, INC.
Dennis Stockton, President
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JR70 DEM, SUM' 4
? jg Q Dt sIEE2Y, OA 92260
?G0. (60) 67 4=320D 0 Wt MO) 674 -8648
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ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between City of Seal Beach whose
address is 211 Eight Street, Seal Beach, CA 90740 -6379 hereinafter called "Owner," and
Cora Constructors, Inc. whose address is 74 -885 Joni Dr. Suite 4, Palm Desert CA
92262 hereinafter called "Contractor" and Pacific Western Bank whose address is 100
N. Euclid Ave, Upland CA 91785 hereinafter called "Escrow Agent" for the
consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as
follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor
has the option to deposit securities with Escrow Agent as a substitute for retention earnings
required to be withheld by Owner pursuant to the construction Contract entered into between the
Owner and Contractor for Sewage Pump Station No. 35 Phase 1 Upgrades in the amount of
$534,800.00 dated November 14 2005 (hereinafter referred to as the "Contract ").
Alternatively, on written request of the Contractor, the Owner shall make payments of the
retention earnings to the Escrow Agent.
When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow
Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at
the time of the substitution shall be at least equal to the cash amount then required to be withheld
as retention under the terms of the Contract between the Owner and Contractor. Securities shall
be held in the name of Cora Constructors, Inc., and shall designate the Contractor as the
beneficial owner.
(2) The Owner shall make progress payments to the Contractor for those funds which otherwise
would be withheld from progress payments pursuant to the contract provisions, provided that the
Escrow Agent holds securities in the form and amount specified above.
• (3) When the Owner makes a payment of retentions earned directly to the Escrow Agent, the
Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow
created under this contract is terminated. The Contractor may direct the investment of the
payments into securities. All terms and conditions of this agreement and the rights and
responsibilities of the parties shall be equally applicable and binding when the Owner pays the
Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow
Agent in administering the Escrow Account and all expenses of the Owner. These expenses and
payment terms shall be determined by the Owner, Contractor, and Escrow Agent.
(5) The interest earned on the securities or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of Contractor and shall be subject to
withdrawal by Contractor at any time and from time to time without notice to Owner.
(6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow
Account only by written notice to Escrow Agent accompanied by written authorization from the
Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be
withdrawn by Contractor.
(7) The Owner shall have a right to draw upon the securities in the event of default by the
Contractor. Upon seven days written notice to the Escrow Agent from the owner of the default,
the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as
instructed by the Owner.
(8) Upon receipt of written notification from the Owner certifying that the Contract is final and
complete, and that the Contractor has complied will all requirements and procedures applicable to
the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less
escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon
disbursement of all moneys and securities on deposit and payment of fees and charges.
(9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor
• pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall
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hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and
interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to receive written
notice on behalf of the Owner and on behalf of the Contractor in connection with the foregoing,
and exemplars of their respective signatures are as follows:
On behalf of Owner: On behalf of Contractor:
President
Title Title
Dennis Stockton
Name Name
Signature Signature
74 -885 Joni Dr., Ste 4
Palm Desert, CA 92260
Address Address
On behalf of Escrow Agent:
• Title
Name
Signature
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow
Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on
the date first set forth above.
Owner Contractor
Project Coordinator
Title Title
Lynne Cazeault
Name Na e
ft, get.
Signature Si• nature
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