HomeMy WebLinkAboutAGMT - Cora Constructors Inc. (Navy Booster) RECORDING REQUESTED BY Recorded in Official Records, Orange County
Tom Daly, Clerk-Recorder I
AND WHEN RECORDED MAIL TO
111111111111111111111111111111111111111111 VIII VIII VIII IIII VIII IIII IIII NO FEE
2007000600145 08:36am 10105107
CITY OF SEAL BEACH 103 254 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
Space of above this line for Recorder's use.
*** No Recording Fee Pursuant to Government Code Section 6103,27383 ****
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the
property hereinafter described:
2. The full name of the owner is: City of Seal Beach
3. The address of the owner is: City of Seal Beach,211 - 8th Street,Seal Beach,CA 90740
— - .. — -4- The-nature-of the-interest-or estate of the owner fee-The City of Seal Beach.
5. A work of improvement on the property hereinafter is described as substantially completed on July 10,
2007.The work was Nay . Booster Station U.ttrades P 'ect o.50156.
6. The name of the contractor, if any, for such improver ent w s: Cora Constructors, Inc. The date of the
Contract Award was: November 14,2005.
7. The property on which said work of improvement w.s cot plated in the City of Seal Beach,County of
Orange,�State of California, and is described as folio v s Na al WeaBons Station.
Date:
IL _
Signature f ow er or corporate officer of owner
named in aragr ph 2 or his agent.
VERIFICATION
L the undersigned.say: the Director of Public Works declarant of the foregoing notice of completion; have
read said notice of completion and know the contents thereof;the same is true of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
/
Executed on `[ .24 "C7I ,2007,at Seal :mac. ', i omia
(Date of Signature)
•
da.H. nit
rector of Public Works
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NAVY BOOSTER STATION, BUILDING REPLACEMENT, ELECTRICAL UPGRADES,
• AND RESERVOIR CATHODIC PROTECTION PROJECT
For NAVY BOOSTER STATION, BUILDING REPLACEMENT, ELECTRICAL UPGRADES, AND RESERVOIR
CATHODIC PROTECTION PROJECT, in the City of Seal Beach.
THIS AGREEMENT, made and entered into this / 114 day of {% ?ember 20 by and between the
City of Seal Beach, California, hereinafter referred to as the "CITY," Party of the First Part, and
t4 CONSTAU'X - Oeb / Z 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 construction of the NAVY BOOSTER
STATION, BUILDING REPLACEMENT, ELECTRICAL UPGRADES, AND RESERVOIR CATHODIC
PROTECTION 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 fumished by the CITY), and to do everything required by this Agreement and the said
Specifications, Drawings, and Contract Documents.
ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary works or
structures, tools and equipment and doing all the work contemplated and embraced in this Agreement, also for all 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 requ 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.
•
•
R:\ SPECS \Seal Beach, City oft 'NAVY BP STA BLDG REPLACE (July' 05) 1 CONTRACT DOCUMENTS — Book B of 111
• •
IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above
• written.
CITY OF SE CH, CALIF IA
Party of th
J
BY '
City Mana.,
All ST: G yI
ity Clerk
BY_SC
, CONTRACTOR - Party of the Second Part •
Title
7484 -lots" 1D9 t 4 PALM-Desert CR 9aa'4"°
. Address
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R:\ SPECS \Seal Beach. City ol\\NAVY EP STA BLDG REPLACE (July' 05) 2 CONTRACT DOCUMENTS— Book 11 of 111
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
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County of RIVERSIDE ?
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Date Name and Title of Officer (e.g., "Jane Doe, Notary Public) r 4
personally appeared MICHAEL D. STONG g
Name(s) of Signer(s) lj
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evidence '�
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to be the erson whose name Is/ R
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COMM. #1488731 subscribed to the within instrument and
it •, NOTARY PUBLIC - CALIFORNIA acknowledged to me that he /she /they executed
• i. ,' rtz . RIVER E! SIDE T res COUNTY the same in his/f F it authorized
i. M Comm June 7, 2008
capacity(iee), and that by his /IN eir
signature(,s3'on the instrument the personf,,ar or R
• the entity upon behalf of which the person J !�
acted, executed the instrument.
NESS my hand and official seal.
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Place Notary Seal Above Signature of Notary Public
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and could prevent fraudulent removal and reattachment of this form to another document. l
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Description of Attached Document -
,% Title or Type of Document:
' Document Date: Number of Pages: I R
Signer(s) Other Than Named Above: "
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it Capacity(ies) Claimed by Signer l
Signer's Name: RIGHT THUMBPRINT f5
❑ Individual of SIGNER" e
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8
0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatswonh, CA 91313 -2402 • www nationalnotary.org Prod No. 5907 Reorder Call Toll -Free 1-800-876-6827
•
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
id ss.
County of YCi25/ D f- J ��
On Dee S coos , before me, S.s,uily v.nE fin' zea l t /YOfinC-✓ //C.
Date Name and Title of Officer(e.g.."Jane Doe.Notary Public")
personally appeared DENNIS 41. S72)CCTbm/
Name(s)of Signer(s)
rsonally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(A) whose name(s) is/v4 subscribed
to the within instrument and acknowledged to me that
he/sF 04y executed the same in his/ITft/tir
SARAIyNNE CAZEAULT authorized capacity44), and that by his/Iyaf/hdir
Convrlkrlon•1618431 signatures on the instrument the personj4 or the
4% Notary y Public•Canaria t entity upon behalf of which the person(' acted,
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executed the instrument.
My Canm�EXPWes Nov 8-2ppq�
WIT ESS my hand and official seal.
• Place Notary Seal Above
Sign re 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—D Limited ❑ General RIGHT THUMBPRINT ❑ Partner—❑ Limited LI General RIGHT THUMBPRINT
❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact OF SIGNER
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❑ 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.,R O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
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BOND NUMBER 6360022
PREMIUM: $14,488.00
•
Bond No. 6360022
PERFORMANCE BOND
•
KNOW ALL PERSONS BY THESE 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: •
THE NAVY BOOSTER STATION BUILDING REPLACEMENT ELECTRICAL UPGRADES, AND
RESERVOIR CATHODIC PROTECTION PROJECT •
WHEREAS,Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the
Contract.
NOW,THEREFORE, we,the undersigned Principal, and FIRST NATIONAL INSURANCE COMPANY OF
AMERICA
120 VANTIS, STE 130 •
ALISO VIEJO, CA 92656
•
(Name and address of Surety) yy bb
("Surety") a duly admitted surety insurer under the MILLION THREE of California,as THIRTY—SEVEN r ld and firmly bound
unto the Public Agency in the penal sum of THOUSAND
SEVEN HUNDRED FIFTY AND NO/100 Dollars S1 ,337,750.00 ). 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. •
- TILE 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 s.•. •r1QUr�T�
•specified,and in all respects according to their true intent and meaning, and shall indemnify an•. ,.N t l
• DEC 022005
ROSPECSISC•I Snob,COY anNAVY OP SPA BLOC REPLACE 11u1y'On 3 CONTRACT DOCUMENTS-Durk Hof III
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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.
FUR'1k1GR, 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 2349. 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 parry 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
•
By: c\---No-S-n" ,�iltrar a ►z( os'
Its Qt t)%\S^N 'ts MICHA!jP • STO V ATTORN Y--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.
•
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KMMrE \SaJ Bach,Cay, NAVY BP STA ELDG REPLACE(miy'US) 4 CONrRACrnoeuM5NTS-Bonk II of III
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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County of RIVERSIDE
On ia) f /05 , before me, R. CISNEROS g
Dale Name and Title of Officer(e.g.."Jane Doe.Notary Public')
fit personally appeared MICHAEL D. STONG g
Names)of Signer(s) n
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1 ri, CISNEROS to be the personfe�'whose nameis/
t,14—: (!, COMM. #1488731 �o subscribed to the within instrument and
¢ NOTARYPUBLI�-CALIFORNIA acknowledged to me that he/she/they executed
RIVERSI,.-,. e 7 the same in his/het/FFietr authorized
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"°"�'c °"°°` capacity(iee), and that by his/her-44e4
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the entity upon behalf of which the person(4 I
acted, executed the instrument.
Aj ,Vtrf�NESS my hand and official seal.
• l �1\/`
Place Notary Seal Above Signature of Notary Public • �,
OPTIONAL
e5 Though the information below is not required by law, it may prove valuable to persons relying on the document ,t�
elA N and could prevent fraudulent removal and reattachment of this form to another document.
pDescription of Attached Document
Title or Type of Document:
Document Date: Number of Pages: LS
fiSigner(s) Other Than Named Above:
fiCapacity(ies) Claimed by Signer
fit Signer's Name: RIGHTTRUMBPRINr
❑ Individual OF thumb Top of f thumb humb h here 2,
❑ Corporate Officer—Title(s):
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Signer Is Representing: g
III
01999 National Notary Associalen•9350 De Soto Ave.. P.O.Box 2402•Chatsworth,CA 91313-2402 t,onalnotary.rg Prod.No.5907 Reorder:Can Ton-Free i-f00-076-6B27
• •
BOND NUMBER 6360022
PREMIUM INCLUDED IN PERFORMANCE
BOND
• 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., UNIT 4
PALM DESERT, CA 92260 •
• (Name and address of Contractor)
•
( "Principal "), a contract (tbe "Contract ") for the work described as follows;
ThIENJNYY BOOSTER STATION. BUILDING REPLACE MENT PT P ICAL UPGRADES AND RESERVOIR
CATHODIC PROTECTION PROJECT
•
WIIEREAS, 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 Iaw.
NOW, THEREFORE, 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 Suretyy, are held and firmly bound
unto the Public Agency in the penal sum of ONE MILLION THREE HUNDRED THIRTY —SEVEN * Dollars
($ 1, 337 , 750.00 ) this amount being not less than fifty percent (50%) of the total contract price, in
lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind .
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
* *THOUSAND SEVEN HUNDRED FIFTY AND NO /100
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs,
executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section
3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or
labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to
Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the
Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation
shall become null and void.
This bond shall 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 brougbt upon this
bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court.
. .
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RISPBCS SeIJ Begcb. Cky oA\NAVY LW 5TA ALDO REPLACE OM VS) 5 CONTRACT DOCUMENTS - Book 11 o(111
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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.
•
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
By:
y: i Ai � `i
Its 'Qt t->A1k ^'' I MIC' * E ;�' . ST pr., ATTIRNEY —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.
•
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RISPECSISeat BeoCh. City nRW AVY BP STA ELM REPLACE (July 'OS) 6 CONTRACT DOCU1.1eNCS — Book 11 of DT
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• •
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
•
S-6247 2/03
• •
IIU S A F E C 0 POWER
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY PO BOX 34526
FIRST NATIONAL SURETY SEATTLE, WA 98124 -1526
. P0 BOX 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, Califomi
•
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
,....iy,„_,„, . cam
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
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys -in -fact or under other appropriate titles with
O uthority 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
usiness... 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 Attomey are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 1 day of w , V`� J .
s VONCe c
SEAL
r , 1928 . :Er
'r dl) derW r - 41
• • CHRISTINE MEAD, SECRETARY
•
S- 1049IFNEF 7/98 ® A registered trademark of SAFECO Corporation
06/30/2004 PDF
•
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
•
NAVY BOOSTER STATION, BUILDING REPLACEMENT, ELECTRICAL UPGRADES, AND RESERVOIR
CATHODIC PROTECTION PROJECT
Indemnitor(s) (list all names):
C®LI (!® L - reu,c -ro / _WL
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect,
indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees,
volunteers, successors, and assigns (collectively "Indemnitees ") from and against any and all damages, costs, expenses,
liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature
whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith
(collectively "Liabilities "), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or
related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees,
subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise,
directly or indirectly, out of, in connection with, resulting from, or related to the above - referenced contract, agreement,
license, or permit (the "Agreement ") or the performance or failure to perform any term, provision, covenant, or condition
of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior,
concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees
against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition
to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition
• precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an
Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor
shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision.
Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole
negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a)
or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to
Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance
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 1) EN An4 J ®A( Name:
By: Ciets By:
•
Its ks Its
•
R:\SPECS\Seal Beach. City ol\ \NAVY 13P STA BLDG REPLACE (July '05) 7 CONTRACT DOCUMENTS — Book II of RI
• •
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 \"1_,\ S\ 0 5 Signature
•
•
R•1SPECS\Seal Beach, City ofl\NAVY BP STA BLDG REPLACE (July '05) 8 CONTRACT DOCUMENTS — Book II of I1I
• •
STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES
CONCERNING THE CONTRACTORS' LICENSING LAWS
•
[Business & Professions Code § 7028.15]
[Public Contract Code § 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose
behalf this certification is given, hold a currently valid California contractor's license as set forth below:
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
410 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:
1
R:ISPECS\Seal Beach. City ()MAW BP STA BLDG REPLACE (July '05) 9 CONTRACT DOCUMENTS — Book 11 of 111
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. / r�
License no.: 74 �O' �1 Class: it � 73 Expiration date: 3) 1/a
Date \"L \5 Signature \"
RSSPECS\Seal Beach. City ol\ \NAVY BP STA BLDG REPLACE (July '05) 10 CONTRACT DOCUMENTS — Book B of III
•
•
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
St AS!cl1S c1�4R3!��t s?Z.At:A�S/c?S�anS:oat A�����t�����<a������t�^ynNsttefl;�<ecf��S�H��t�A�tvaty�
State of California
ss.
County of I/✓ets/Ae
On Det sj 4240.5. , before me, J €AlyA/NF Sand t/ AkOW— AIL/C.
Data Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared DeNMS E. $72)CC719N
Name(s)of Signer(s)
E personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(%) whose name(a) is/pt subscribed
to the within instrument and acknowledged to me that -
he/We/tp6y executed the same in his/IA/Weir
4.0Canars tt authorized capacity(), and that by his/ly�r/tom
._" si nature on the instrument the erson
Wart Pubic 9 P jai, or the
�Z-,j mverspeCorrgt entity upon behalf of which the person(,s'j acted,
MYCa+un ErriaYestbv 2004 executed the instrument.
WIT SS my hand and official seal.
• Place Notary Seal Above
Signature o 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—0 Limited ❑ General RIGHTTHUMBPRINT ❑ Partner—❑ Limited ❑ General RIGHT THUMBPRINT
❑ Attorney in Fact OF SIGNER El Attorne 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:
• 2 + 'acet<exec:gra,-..ti :er<2'.w2<' ss e t,Acst x.oz : gren;vt,ance'.a der v Qacerc,xce.,4ctr vz'n-
49 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
• •
Page Intentionally Left Blank
•
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•
R:\SPECS\Scal Beach.City on NAVY BP STA BLDG REPLACE(July'051 12 CONTRACT DOCUMENTS-Book B of HI
•
WORKER'S COMPENSATION
CERTIFICATE OF INSURANCE
•
WHEREAS, the CITY OF SEAL BEACH has required certain insurance to be provided by
S447E fic✓y,e)
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: aegA- 6 ni6ntuero 15 � 3. Worker's 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 EFF -ECTIVE DATE EXPIRATION DATE
000gii• ^ 10d OAo / /cm00 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:
It's Authorized Representative
R:\SPECSVSeaI Beach. City ot\ \NAVY BP STA BLDG REPLACE (July '05) 13 CONTRACT DOCUMENTS — Book II of I11
1 •
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
CDJr4 ei) itc7gioLCLOLS ,rAle. ? 'ISgs -jo,vs ..• • , P4 17Eberr , C* 9ac140
Name and address of named insured ( "Named Insured "):
B4te LEY 2 a,oir 4EY Po. ,c '36 , SAN 1)16Chm , CA 9184
Name and address of Insurance Company ( "Company "):
NAVY BOOSTER STATION, BUILDING REPLACEMENT, ELECTRICAL UPGRADES, AND RESERVOIR
CATHODIC PROTECTION 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
.410
R:\SPECS\Seal Beach. City ol\ \NAVY BP STA BLDG REPLACE (July 115) 14 CONTRACT DOCUMENTS - Book B of III
• •
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
0.0 12-A � icsre.u�es ' , TNT 14 S �l�For 1) �. PAidtae6ert CA 'aa(
Name and address of named insured ( "Named Insured"):
TWA! tit Po, Sox 43663e , 5A14 -- z/Ela o CA ° 1.2-1 84
Name and address of Insurance Company ( "Company "):
NAVY BOOSTER STATION, BUILDING REPLACEMENT, ELECTRICAL UPGRADES, AND RESERVOIR
CATHODIC PROTECTION PROJECT
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy ") or
in any endorsement now or hereafter attached thereto, it is agreed as follows:
The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds
(the above named additional insureds are hereafter referred to as the "Additional Insureds ") under the Policy in relation
to those activities described generally above with regard to operations performed by or on behalf of the Named Insured.
The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
1. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other
insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages
provided by the Policy.
2. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is
made or suit is brought except with respect to the limits of the Company's liability.
3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the
policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in the same
manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to
increase or replicate the Company's limits of liability as provided under the policy.
• 4. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and
exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification
and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s)
designated above, between the Named Insured and the Additional Insureds.
5. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction
of limits (except as the result of the payment of claims), or non - renewal except after written notice to Public
Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto.
In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in
full force and effect until compliance with this notice requirement.
6. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting
within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured
against in relation to those activities described generally above with regard to operations performed by or on behalf
of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the
Additional Insureds.
It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction,
interpretation, and enforcement of this contract of insurance.
This endorsement and all notices given hereunder shall be sent to Public Agency at:
Director of Public Works
City of Seal Beach
211 8th Street
Seal Beach CA 90740
R:\SPECS\Sea1 Beach. City ol\WAVY BP STA BLDG REPLACE (July '05) 16 CONTRACT DOCUMENTS — Book 11 of III
• •
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
dor2i C!oN57 -:4e '74800 J oMTp e.,.4 , Pan ItesERT c `eases
Name and address of named insured ("Named Insured "):
BA MeY "BALaEY 1 o. Ze.x 85638, SAWDIEGO , eA '1-4
Name and address of Insurance Company ( "Company "):
NAVY BOOSTER STATION, BUILDING REPLACEMENT, ELECTRICAL UPGRADES, AND RESERVOIR
CATHODIC PROTECTION 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 indemnifica -tion
and /or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s)
designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage,
reduction of limits (except as the result of the payment of claims), or non - renewal except after written notice to Public
Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the
event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force
and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting
within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured
against in relation to those activities described generally above with regard to operations performed by or on behalf of
the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional
Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction,
interpretation, and enforcement of this contract of insurance.
•
R:\SPECS1Seal Beach. City of\ NAVY BP STA BLDG REPLACE (July '05) 18 CONTRACT DOCUMENTS — Book 11 of 111
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 Eighth Street, Seal Beach CA 90740 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 Navy Booster Station, Building Replacement, Electrical Upgrades,
and Reservoir Cathodic Protection Project in the amount of $1,337,750.00 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
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
411 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
Signature Sig ature
•
• 0
Cora •
• Casst
tot
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
•
• 74885 JONI DRIVE, SUITE 4
PALM DESERT, CA 92260
PH. (760) 674-3201 • FAX (760) 674-8648