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AGMT - Damon Construction (Railroad Crossing)
p N..zoc co-rGG y - / a/a 7 • C.a. 9 1v9%/ 4111_ +vwfr, Mb- A • Ririlrc Crassrr Rtha-/.ic-rtwit+n"., Public Works Contract • FY 97 -98 SEAL BEACH BOULEVARD/WESTMINSTER AVENUE • RAILROAD CROSSING REHABILITATION For FY 9748 SEAL BEACH BOULEVARDAVESTMINSTER AVENUE RAILROAD CROSSING REHAEU JTAT)ON, In the City of Seal Beach. �� ///,,, ,,,,,, • THIS AGREEMENT, made and entered Into day and between the Clty of Seal Beach, California, hereinafter referred to as the 'CITY; Parry of the First rt, and hereinafter designated as the 'CONTRACTOR, Party of the Second Part. WITNESSETH: That the Parties do hereto mutually agree as follows: ARTICLE 1. 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 FY 9T -98 SEAL BEACH BOULEVARD/WESTMINSTER AVENUE RAIUIOAD CROSSING REHABILITATION, and to perform and compete 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 Contrail Documents. ARTICLE N. For furnishing all said materials and labor, furnishing and removing all pant, temporary works or structures, tools and equipment and doing all the work contemp4ated and embraced In this Agreement, also . for all Toss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by said CITY, and for all risks of every description connected with the work; also for all expenses • incurred by or In consequence of the suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be bome by the said CITY and faithfully competing 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 Tull compensation, therefore, the unit prices and the lump sum prices named In the Schedule of Work hems 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 • co ditions 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 Ionh In the Specifications and Contract Documents, and Me said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE N. 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 It and made a part of this Agreement. • ARTICLE V. The statement of prevailing wages appearing In the General Prevailing Wage Rates is hereby specifically referred to and by this reference Is made a part of this contrail. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrumem and the bid of proposal of said CONTRACTOR, then this Instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE VI. By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Seaton 3700 of the Labor Code which require every employer to be Insured against liability for workmen's CONTRACTOR TO SUBMIT UPON AWARD: I12 FY 97.9E SEAL BEACH BOULEVARDiWESTMINSTER AVENUE RAILROAD CROSSING REHABILITATION • 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 contrail. IN WITNESS WHEREOF: The Parties hereto have caused this contrail to be executed the day and year fast above written. CITY OF : ' CH, CALIFORNIA Party of l i p First/ / BY , CitY ST: / �� 0 �a' Clerk By DAMON CONST. CO. CONTRACTOR • Party of the art `. Title G ET ANN RULLO, PRESIDENT 455 CARSON PLAZA DR., UNIT F Address • CARSON, CA 90746 -3216 • CONTRACTOR TO SUBMIT UPON AWARD: 0.1 cl FY 97411 SFJII. BEACH BOUI.EVARWWESIMINSTERA4ENUE RAILROAD CROSSING REHABILITATION ; • • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 s�JJJ J�J!!J!I/IJJJJ 1JJJl IIJllJJJl llJ!!J!I- JJlJlJIJ!!!J!/!J!lJlIJ!!/lJJlJI State of California County of Los Angeles 1 `N� On October 22, 1997 before me, Thelma Barillas, Notary Public , ` (1 DATE NAME,TITLE OF OFFICER-E.G., DOE.NOTARY PUBLIC 1 personally appeared Margaret Ann Rullo ti, NAME(S)OF SIGNER(S) ❑ personally known to me - OR - © proved to me on the basis of satisfactory evidence 1 to be the person(s) whose name(e) is/eie subscribed to the within instrument and ac- k knowledged to me that 4e/she/they executed 1 the same in hie/her/their authorized capacity(ae€), and that by hie/her/heir ti tisignature(s) on the instrument the person(s), � THELMA BARILLAS or the entity upon behalf of which the S 1 (f °r� ;!,COMM.� #1055420 � y p 1 = NOTARY PUBLIC•CALIFORNIA persons) acted, executed the instrument.LOS ANGELES COUNTY k..1!Comm. Expires Apr.25, 1999 1 Y 1I V V V Y s V` V v` v 1 WITNESS my hand and official seal. SIGNATURE OF NOTARY k OPTIONAL .r... .,., 1 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent 1 fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ■ ❑ INDIVIDUAL / 1 ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT i 1 TITLE(S) 11 k ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 1 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) 1 ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 1 DATE OF DOCUMENT 4 SIGNER IS REPRESENTING: 1 NAME OF PERSON(S)OR ENTITY(IES) kSIGNER(S)OTHER THAN NAMED ABOVE 1 1 Y. J 01993 NATIONAL NOTARY ASSOCIATION•8236 Rommel Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 , OCT-22-1997 09:41 FROM DAMON CONST. CO. TO 18185778940 P.05 • • EXECUTED IN FIVE (5) COUNTERPARTS Bond No 111 4162 3758 Premium: $1 ,345.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded DAMON CONST. CO. 455 Carson Plaza Drive Unit F Carson. CA 90746 (Name and address of Contraaor) ('Principal'), a contract (the'Contract') for the work described as follows: FY 97-98 Seal Beach Boulevard/Westminster Ave Railroad CrncsinE Rehahilitatinn Prnjent Nn f1L6-2n9rir, WHEREAS, Principal Is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract NOW, THEREFORE,we,the undersigned Principal, and AMERICAN AUTOMOBILE INSURANCE COMPANY 17542 E. 17th Street Tustin. CA 92680 • (Name and address of Surety) ('Surety") a duly admitted surety Insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of ONE HUNDRED TWENTY TWO THOUSAND TWO HUNDRED NINETY TWO AND 71/100s • Dollars ($ 122,292.71 ), 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 respells according to their true intent and meaning, and than Indemnify and hold harmless the Public Agency, Its officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, It shall be and remain in full force and effect In case suit Is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' • fees In an amount fixed by the court. • FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, • alteration, addition or modification to the terms of the Contract, or of the work to be pertorrned thereunder, or the specifications for the same, shall In any way affect Ls 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 • CONTRACTOR TO SUBMIT I.PON AWARD:D4 FY 97.9a SEAL BEACH BOULEVARa WESTMINSTER AVENUE RAILROAD CROSSING REHABILITATION • • • OCT-22-1997 09:42 FROM DAMON CONST. CO. TO 18185778940 P.06 • • forth below, the name of each corporate party being hereto affixed and these presents duty signed by its undersigned representative(s) pursuant to authority of Its governing body. Dated: October 22, 1997 DAMON CONST. CO. AMERICAN AUTOMOBILE INSURANCE COMPANY • By: • •• � _ • y: L LI,_ By: /i its sioosr �`� tsH reta T. Hierl 9y ���� A •rney-in-Fact Its Br. se ,./r sacs tts (Seat) (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. CONTRACTOR TO SUBMIT UPON AWARD:DS FY 97-96 SEAL BEACH BOULEVARD/WESTMINSTER AVENUE RAILROAD CROSSING REHABILITATION ,;. N . III • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • No.5907 ,` State of California kCounty of Los Angeles St On October 22, 1997 before me, Thelma Barillas, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE.NOTARY PUBLIC' personally appeared Margaret Ann Rullo and J. Robert Rullo NAME(S)OF SIGNER(S) ❑ personally known to me - OR - II proved to me on the basis of satisfactory evidence 0 to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- k knowledged to me that hail-she/they executed Sthe same in hSANef/their authorized § capacity(ies), and that by hishbe /their o o signature(s) on the instrument the person(s), or the entity upon behalf of which the 1 \ THELMABARILLAS person(s) acted, executed the instrument. o 0 `• COMM. #1055420 I A Z=?` •NOTARY PUBLIC•CALIFORNIA NT D A '7C'. e 't' LOS ANGELES COUNTY 1 V A7y Comm. Expires Apr. 25 1999 WITNESS my hand and official seal. X11 1 f ♦ V Y Y Y Y V ♦ Y ♦ 4 ♦ v A` 1 d/ / ♦ / / // �4 0 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent 5 fraudulent reattachment of this form. O O CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT O O ❑ INDIVIDUAL 1 ❑ CORPORATE OFFICER O TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED • 4 CI GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR 1 El OTHER: 1 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) 111 SIGNER(S)OTHER THAN NAMED ABOVE 1 1, ®1993 NATIONAL NOTARY ASSOCIATION•8236 Rommel Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 • • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �! -..0'-'A.'vi.-SIN.0.'�'9.'� '� 'va,9. 9.'vi.'ari'..'�».-9.Ava...a.Aft.vi.A.'a.'va. a3.A.M..:AN..9a.".f:.A a...vi AT..viiteA iV ns..sfSNA�a o. Y State of California '1 •County of Los Angeles ,',1 lrL? On I vZ'-2-M before me, Donna Mac Lellan, Notary Public 1 hC' Date Name and Title of Officer(e.g..'Jane Doe.Notary Public") personally appeared Margareta T. Hierl mI 4 Name(s)of Signer(s) ) C personally known to me ";_-_ -.. • - n proved to me on the basis of satisfactory evidence ---,-4'—"• '• _ to be the person(s) whose name(s) is/are subscribed to the ' 1 within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), y�•� DONNA MAC LELLAN ti and that by his/her/their signature(s) on the instrument the XX >„ wy Commission# 1118447 � a Notcry P blic_coGtomo person(s), or the entity upon behalf of which the person(s) tom.^'%tr La Angeles Coun - acted, executed the instrument. si ame ivy Ccmm.Expires Nov 2.2000 �,,. WITNESS my hand and official seal. s t \ U Signature of Notary y Public OPTIONAL H Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent 9i fraudulent removal and reattachment of this form to another document. S Description of Attached Document s 9i Title or Type of Document: S 2: Document Date: Number of Pages: 'i Signer(s) Other Than Named Above: ti Capacity(ies) Claimed by Si i Signer(s) xx Signer's Name: Signer's Name: �I 2 ❑ Individual ❑ Individual i ❑ Corporate Officer ❑ Corporate Officer jl Title(s): Title(s): ) ❑ Partner—❑ Limited i❑ General ❑i Partner—❑ Limited ❑ General 1 ckj ❑ Attorney-in-Fact ❑ Attorney-in-Fact 9 ❑ Trustee ❑I Trustee RIGHT THUMBPRINT RIGHT THUMBPRINT ( ❑ Guardr.�n or Conservator OF SIGNER n Guardian or Conservator OF SIGNER FclA ❑ Other: Top of thumb here ❑ Other: Top of thumb here 1 Signer Is Representing: Signer Is Representing: 'CC9GG'G4- - a.a aT. - .�. . a-..e e--- .'e•.ea-e-. a,a+-.a.aT.-a.a'.-y. . .e.. y s.d 01996 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park.CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 OCT-22-1997 09:43 FROM DAMON CONST. CO. TO 18185778940 P.07 • • EXECUTED IN FIVE (5) COUNTERPARTS BOND NO. 111 4162 3758 Premium: Included PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded to DAMON CONST. CO. 455 Carson Plaza Drive Unit t Carson, CA 90746 (Name and address of Contractor) ('Principal'), a contract (the 'Contract) for the work described as follows: FY 97-98 Seal Beach RnflipvnrdlWestminster Ave. Railroad Csnssing rehabilitation project no. 04b-[13[64 WHEREAS, Principal Is required under the leans of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, matenalmen, and other persons as provided by law. NOW, THEREFORE, we,the undersigned Principal, and • AMFRTCAN AUTOMOBILE INSURANCE LUMYANY 17547 F 17th Street Tustin. CA 92680 • (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 ONE HUNDRED TWENTY TWO THOUSAND TWO HUNDRED NINETY TWO AND 71/100s Dollars (S 12.2 292. 71 ), this amount being not less than total contract price, In lawful money of the United States of America, for the payment of which sum�well f and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, joint ly ana severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the hereby bounded Principal, his, her or its • heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contrail, or for any amounts required to bededucted, withheld, and paid over to the Employment Development Department from the wages of ployees 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 snail 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 bought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. • FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms Of the Contract or to the wont or to the specifications thereunder. Surety hereby waives the provisions of California • Civil Code §§ 2845 and 2849. • • FY 9748 SEAL BEACH BOULEVARNWESTYINSTER AVENUE RAILROAD CROSSSIINptRHABIW�ION OCT-22-1997 09 44 FROM DAMON CONST. CO. TO 18185778940 P.08 • • IN WETNESS 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 dale set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives) pursuant to authority of its governing body. Dated: October 22, 1997 'Prindipar *Surety DAMON CONST. CO. AMERICAN AUTOMOBILE INSURANCE COMPANY • Br. lismilL ` ._ !� B; 341 / 1 �+ ar areta T. ierl By: ib� torney-in-Fact its e = . By: Its • - ; r i - (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. CONTRACTOR TO SUBMTT UPON AWARD:117 FY 07.96 SEAL EACH DOULEVARDANESTYINSTER AVENUE RAILROAD CROSSING REHABIUTATION j . . TOTAL P.08 • • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 2i rrrrril o State of California County of Los Anzeles On October 22, 1997 before me, Thelma Barillas, Notary Public 1 DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC personally appeared Margaret Ann Rullo and J. Robert Rullo NAME(S)OF SIGNER(5) S El personally known to me - OR - © proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that hebshe/they executed • the same in hfes/their authorized capacity(ies), and that by is flw/their 1 signature(s) on the instrument the person(s), ti or the entity upon behalf of which the THELMABARILLAS person(s) acted, executed the instrument. k ft _ h4p�'t COMM. #1055420 = fl - ``i5-•NOTARY PUBLIC•CALIFORNIA b _ " P LOS ANGELES COUNTY X WITNESS my hand and official seal. ti ��tt My Comm. Expires Apr.25, 1999 I « •V.•r vs .+ ✓ « « rye- .. / / / ` , 1 SIGNATURE OF NOTARY 11 1• OPTIONAL ' Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent 1 fraudulent reattachment of this form. 6 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL / 1 ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) l ❑ PARTNER(S) ❑ LIMITED • 1 ❑ GENERAL 11 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES S ❑ TRUSTEE(S) i ❑ GUARDIAN/CONSERVATOR 1 ❑ OTHER: • DATE OF DOCUMENT 1 0 SIGNER IS REPRESENTING: 1 NAME OF PERSON(S)OR ENrITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 1 • 1 Yr ,1 01993 NATIONAL NOTARY ASSOCIATION•8236 Rommel Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 • • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,- •— . . . - y.. c.cevoce..c.. eC'.Ce .„QC.cpe-,c,e..c-f .M,eccc'c[ce _eat, - a .3a a,..„ - - '%aa.a-a. s-y.. _ .07 .. rN State of Cal i forni a :S' �1 County of Ins Anules • h 5 On 1 07 Z2/'T 7 before me, Donna Mac Lellan, Notary Public• • j%c>�S l Date Name and Title of Officer(e.g.. * ( .g..'Jane Doe.Notary Public') <1?:,‘ personally appeared Margareta T. Hierl Name(s)of Signer(s) l� personally known to me . ❑ proved to me on the basis of satisfactory evidence• -` •.:''- =; •-,--sir to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they- I DONNA MAC LELVIN executed the same in his/her/their authorized capacity(ies), ._` Commission01118447 and that by his/her/their signature(s) on the instrument the ;:�•`•�� Notary Pub"c—county-,� person(s), or the entity upon behalf of which the persons) l;^ tosAnaelescoumr acted, executed the instrument. 9 - ,,, My Comm.Expires NOV 24.20:0 WITNESS my hand and official seal. ;I 9 Signature of Notary Public OPTIONAL •.I Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent 1 fraudulent removal and reattachment of this form to another document. 'I Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: 3 X Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: • ❑ Individual ❑ Individual N ❑ Corporate Officer ❑ Corporate Officer X Title(s): Title(s): 2� ❑I Partner—❑ Limited ❑ General =1 Partner—Cl Limited ❑ General ❑ Attorney-in-Fact u Attorney-in-Fact X. ❑ Trustee ❑ Trustee RIGHT THUMBPRINT RIGHT THUMBPRINT j ❑ Guardian or Conservator OF SIGNER !ll Guardian or Conservator OF SIGNER ''i ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: tj c..—,eta G' ;e4,CLx 2-vcc—•c-C.`-c-cx..•“,,�=c.•.=t: •.. . . . .Sr - . .a. . •� - •Sr Sr.Sr- •Sr-�.e. . ..,._. :e.", C 1996 National Notary Association•8236 Remmet Ave..P.O.Box 7164•Canoga Park.CA 91309-7114 Prod,No.5907 Reorder:Call Toll-Free 1-800-876-6827 GENERAL • • POWER OF ATTORNEY AMERICAN AUTOMOBILE INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS:That AMERICAN AUTOMOBILE INSURANCE COMPANY,a Corporation duly organized and existing under the laws of the State of Missouri,and having its principal office in the County of Marin,State of California,has made,constituted and appointed,and does by these presents make,constitute and appoint --- MARGARETA T . HIERL --- PASADENA CA its true and lawful Attomey(s)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertaking,recognizances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of AMERICAN AUTOMOBILE INSURANCE COMPANY now in full force and effect. "Article VII.Appointment and Authority of Resident Secretaries,Attorney-in-Fact and Agents to accept Legal Process and Make Appearances. Section 45.Appointment. The Chairman of the Board of Directors,the President, any Vice-President or any other person authorized by the Board of Directors,the Chairman of the Board of Directors,the President or any Vice-President may,from time to time,appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46.Authority.The authority of such Resident Assistant Secretaries,Attorneys-in-Fact and Agents shall be as prescribed in the instrument evidencing their appointment.Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984,and said Resolution has not been amended or repealed: _ "RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile, and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation!' IN WITNESS WHEREOF, AMERICAN AUTOMOBILE INSURANCE COMPANY has caused these presents to be signed by its Vice-President, and its corporate seal to be hereunto affixed this25th day of January 1996 ''"tpy--,.: AMERICAN AUTOMOBILE INSURANCE COMPANY By Via-President STATE OF CALIFORNIA ss COUNTY OF MARIN 25th January 96 M. A. Ivlallonee On this day of 19 before me personally came to me known,who,being by me duly sworn,did depose and say: that he is Vice-President of AMERICAN AUTOMOBILE INSURANCE COMPANY,the Corporation described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. r• A. KRIEGER D /1 / Q COMM.a1045112 n `I NOTARY PUBLIC-CALIFORNIA 11 Notary Public tiy7:0 %r MARIN COUNTY Q MYCann,.Esunes Mar.23.1999 y CERTIFICATE STATE OF CALIFORNIA 1 ss. COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of AMERICAN AUTOMOBILE INSURANCE COMPANY, a MISSOURI Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII,Sections 45 and 46 of the By-laws of the Corporatic.t,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and sealed at the County of M..rin.Dated the 22nd _day of October C g , 19 97 . Resident Assistant Secretary 360711-AA-3-95 • • lINDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION is 97•1111 SEAL BEACH BOULEVARDANESTMINSTER AVENUE RAILROAD CROSSING REHABILITATION • Indemnitor(s) (list at names): DAMON CONST. CO. To the fullest extent permitted by law, Indemnkor hereby agrees, at Its sole cost and expense, to defend, protect, Indemnify, and hold harmless the Cky of Seal Beach_ and Its elected officials, officers, attorneys, • agents, employees, volunteers, successors, and assigns (collectively "Indemnitees, from and against any and au damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, • expenses, Judgments, penalties, Yens, and losses of any nature whatsoever, including fees of • accountants, attorneys, or other professionals and all costs associated therewith (collectively 'Liabilities'), arising or claimed to arise, directly or Indirectly, out of, In connection with, resulting from, or related to any • act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or Indirectly, out of, In connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the 'Agreement') or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, Including this Indemnity provision. This • indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully Indemnify Indemnitees against any such negligence. This Indemnity provision shall survive the termination of the Agreement and Is in addition to any other rights or remedies which Indemnitees may have under the law. Payment Is not required as a condition precedent to an Indemnitee's right to recover under this Indemnity provision, and an entry of Judgment against an Indemnitee shall be conclusive In favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs Incurred in enforcing this Indemnification provision. Notwithstanding the foregoing, nothing In this Instrument shall be • construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or(b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity Is effective without reference to the existence or applicability of any Insurance coverages which may have been required under the Agreement or any additional Insured endorsements which may extend • to Indemnitees.lndemnitor, 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, liablilities, covenants and conditions under this • Instrument shall be Joint and several. 9ndemnitot Name DAMON CONST. CO. Name: • ey Y1 .a- �`��. QQ� By: Its \SIDENT Its • • • CONTRACTOR TO SUBMIT UPON AWARD:Dd FY 91.9e SEAL BEACH BOULEVARDWESTMINSTER AVENUE RAILROAD CROSSING REHABlUTATION • t , • OCT-22-1997 09 22 FROM •ION CONET. CO. TO • 181E5775940 P.04 • ADDITIONAL INSURED ENDORSEMENT COMPREMEVSIVE GENERAL t.JABIUTY • Damon Const. Co. 455 E. Carson Plaza Dr . , `F, Carson, CA 90746 Name and e0O-ess of maned insured(•Nested lnauna): Travelers Indemnity Co. of IL, 201 N. Civic Drive, Walnut Creek, CA 94596 Name and address or insurance Company('Company'): FY 97-98 SEAL BEACH BOULEVARD/WESTMINSTER AVENUE RAILROAD:.°. CROSSING REHABILITATION • Notwithstanding any inconsistent statement In the policy to whit,this endorsement is attached(the'Policy') or In any endorsement now or nereafe attached thereto, it is agreed as follows: 1. The City of Seel Beach, Its elected officiate, offices, 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 descnbed generally*dove with regard to operations performed by or on behalf ----of the Named-Insured.--The Additional.lnsureds have no•liab6tty:for;the payment-of any premiums•or.assessments _ac.::. . .,,,. under the Policy. • 2. The insurance coverages afforded the Additional Insureds undo'the Policy shall be primary Insurance, and no tither 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 knits of the Company's liability. 4. Nothing in this contrail 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 shag covered as thrd-party Saint Le., in the same manner as if separate policies had been Issued to each insured. Nothing contained in this provision shall operate to Wicreasa or replicate the Company's limas 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 pmvision(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. B. The policy to which this endorsement Is Cached shag not be subject to cancellation, change In coverage, reduction of limits(except as the until of the payment of claims), or non-renewal except after widen notice to Public Agency, by certified mail, return receipt requested,-not less than thirty(30) days prior to the effective data thereof. In • ,:..,.._.the event of.Conpanys.failure.to:cornply with thtirnotice provicion;ahr.policy.arIrtitaly:drafted will•corttinue-in fug...,...,. _..... ... force and effect until compliance with this notice requirement. 7. Company hereby wow mg rights of subrogation end 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 Nose activities desaibed 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. 6. it k 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 shag be sent to Public Agency at Director of Public Works City of Seal Beech • 211 d Street Seal Beach CA 90740 • • C0NTRACTCR 10 SUBMIT UPON AWARD:0•76 fY 97-96 SEAL.MACH BOULEVARDANESTMINSTER AVENUE RAILROAD CROSSING REHA81L1TATION • • • OCT-22--1997 09:23 FROMeMON CCNST. CO. TO • 18185778940 P.05 • 10. . Except as fled above and not In conflict with this endorsement, nothing contained herein snail be held to • waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS FNDORSEMENT ATTACHES FROWTO L;ASIUTY General Liability 01/01/97 to 01701/98 51 ;000,000 Each Occurence The Travelers Indemnity 55 ,000,000 Aggregate Co. of IL. #660330K8549 11. Scheduled tams or locations we to be identified on an attached sheet. The following Inclusions relate to the above coverages. Includes: ❑ Contractual Liability ❑ Explosion Hazard 0 Owners/Landlords/Tenants - CI Co/lapse Hazard 19 Manutaaurers/Contrauan ❑ Underground Property Damage Products/Completed Operation ❑ Pollution Liability 0 Broad Form Property Damage ❑ Liquor Liability ❑ Extended Bodily Injury ❑ El Broad Form Comprehensive p El General Liability Endorsement p • 12 A❑deductible or❑self-insured retention (cheat one)of S NIL applies to all coverage(s)except • the none, so state). The deductible is applicable❑ per claim or❑ per occurrence (check one). • 13. This is an la occurrence or p daans made policy(cheek one). 14. This endorsement Is effective on 10/22/97 at 12:01 AM. and forma a part of Policy Number 660330K8549 • I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed October 22, g 97 �, S St( Ie •Sign ure •f • • • ed rep . entative (flti a1 signature may.'no teaser*signature orrsiefad signature accepted) PhoneNo.: ( 626 ) 795-9000 • • • • CONTRACTOR TO SUBMIT LPON AWARD:D17 FY 97-0!SEAL MACH BOLLEYAADAYESTYINSTER AVENUE RAILROAD CROSSING RENABIUTATION • 1 . . O.CT-22--199? 09:23 FROM •ON CONST. CO. TO • 19165779940 P.06 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Damon Const. Co. 455 E. Carson Plaza Dr. , #F, Carson, CA 90746 Name and adaesa or named nursed(-Named insured": • Travelers Indemnity Co. of IL. 201 N. Civic Dr. , Walnut , CA 94596 Name and sian. d U,SUrenae Company('Compeny7: FY 97-98 SEAL BEACH BOULEVARD/WESTMINSTER AVENUE RAILROAD CROSSING REHABILITATION NolwRhstanang any kroonsistent statement In the policy to which this endorsement Is attached(the In any endorsement now or hereafter attached thereto, R is agreed as follows: 1. The City of Seal Beech, 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 kability for the payment of any premiums or-- assessments under the Policy. - - 2. The insurance covetous' afforded theAddNonal Insureds under the Policy shall be Ornery Insurance, and no other Insurance maintained by the Additional Insureds shall be ceded'upon to conbibute 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 h made or suit is brought except with respect to the limits of the Company;liability. L. 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, La.,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%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 harness provision(s)contained or executed In conjunction with the written agreements) a penna(s)designated above, between the Named Insured and the Additional insureds. 8. 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 altar written notice to Public Agency, by certified mail, ratum receipt requested, not less than thirty(30)days prior to the effective data 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 affect 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 that duties, from all claims,losses and liabilities arising out of or incident to the perils Insured against in relation to those activities dnaibed 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• hereby agreed that the laws tithe Sate of California shall apply to and govern the validity, construction, Interpretation, and enforcement of this contract of insurance. 8. This endorsement and all notices given hereunder shall be sant to Public Agency at Director al Public Works City of Seal Beech • 211 8e Street Seel Beech CA 90740 • 9. Except as stated above and not In conflict with this endorsement, nothing contained herein stall be held to waive, titer or extend any of the l mils, agreements, or exclusions of the policy to which this endorsement is attached. CONTRACTOR TO SUBMIT UPON AWARD:018 FY 9746 SEAL BENCH BOLIEVARDAVESTYINSTER AVENUE RAILROAD CROSSING REHABILITATION • • OCT-221997 OS:24 FROMeMON CONST. CO. TO 18185778940 P.07 TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF • THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY Automobile Liability 01/01/97 to 01/01/98 • Travelers indemnity Co. of IL. • #810330K8549 10. Scheduled tams or loattons as to be identified on an attached sheet. The following inclusions Seta to the above coverages. Includes: 0 My Automobiles ❑ Truckers Coverage O AN Owned Automobiles - ❑ Motor Carrier Act ® Non-owned Automobiles ❑ Bus Regulatory Reform Act . O Hired Automobiles - --.._: ❑'Pudic Livery Coverage .. _ . • .. O Scheduled Automobiles ❑ • ❑ Garage Coverage ❑ • 11. A El deductible or❑self insured retention(check one)of$ 1,000 Comp/Coll applies to ad coverages)except: (d none, m state). The deductible is applicable O per claim or❑ per occurrence(check one). 12. This is en® occurrence or O claims made policy(check one). • 13. This endorsement Is effective on 10/20/97 et 12:01 A.M. end forms a pal of Policy Number • I, (pint name), hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof. I do so bind the Company. Executed October 22, a 19 97 • -iii! , ig ure •- • • 4.'esentattve • (Original signature only;no facet*signature n1711s ad signature accepted) Phone No.: (626 ) 795-9000 • • CONTRACTOR TO SUBMIT UPON AWARD:019 FY 9T•9e SEAL BEACH BO ULEYARDMESTMINSTER AVENUE RKJ1RDAD CROSSING REHABILITATION • OCT-22-!-597 09:25 FROM •ON CONST. CO. TO • 18195778940 R.08 ADDITIONAL INSURED ENDORSEMENT- EXCESS UASI UT!' Damon Const. Co. 455 E. Carson Plaza Dr. , !IF, Carson, CA 90746 • Name ad address or named insured('Named haurad): Travelers Tndemniry Co. of IL 201 N. Civic Drrive, Walnut Creek, CA 94596 Nan» and moons:d Inarana Company(-Company,: FY 97-88 SEAL BEACH B0ULEVARD/WESTMINSTERAVENUE RAILROAD • CROSSING REHABILITATION Notwithstanding any inconsistent statement tit 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 Seel Beech,Its elected officials,allows, attorneys, agents, employees, and volunteers ere additional Insureds(tne above named additional Insureds are hereafter referred to as the'Additional Insureds') under the Policy In relation to those ectiveits described,generally above with regard to operations performed by or on. _ _ behalf of the Named Insured. The,Mditonal Insureds.heve no.liabiliry.(a the.paymert awry premiums or _ ... assessments under the Policy. -- 2. The Insurance coverages afforded the Additional Insureds under the Policy shall be printery 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 venom claim is made or suit is bought except with respect to the limas of the Company;liability. 4. Nothing in Na t contrail 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 shad operate to Increase or replicate the Company's lint of Inlay as provided under the policy. 5. The Insurance afforded by the Policy for contactual 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 when agreements)or permit(s)designated above, between the Named Insured and the Additional Insureds. B. The policy to which this endorsement is attached shall not be mil:0 t to cancellation, change In coverage, reduction of limits(except as the result of the payment of dawns),or non-renewal except after written notice to Public Agency, by certified mail,retum receipt requested, not less than thirty(30)days prior to the effective . _.date thereto. In the event.of-Companyehilure.to comply with Ws notice provision,the:ipolicy.os,initially drefted.wHlam.;-0 ..-- continue in full force and effect anal compliance with this notice requirement 7. Company hereby waives ad rights of subrogation and contribution against the Additional Insureds, • while acting within the scope of men duties,from all daims,losses and liabilities wising out of or Incident to the pails • insured against In relation to those activities described generally above with regard to operations performed by a on -• behalf of the Named Insured regarding of any prior, continent, or subsequent active or passive negligence by the Additional Insureds. B. 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 contact of insurance. 9. This endorsement and all notices Oren hereunder shall be sent to Public Agency at Director of Pubic Work City of Seal Beach 211 Be Street Seal Beech CA 90740 • CONTRACTOR TO SUBMIT UPON AWARD:420 FY a7-9a SEAL BEACH BOULEVARD/WESTMINSTER AVENUE MALLROAO CROSSING REHABILITATION • • ' OCT-22-1997 09:26 FROM •0N COMET. CO. TO 18185 rn3940 P.09 0. Except as stated above and not In conflict with this endorsement, nothing contained herein shall be held to waive, Met or extend any of the limits, agreements,or exclusions of the policy to which this endorsement is • attached. • TYPE OF COVERAGES TO WHICH POUCY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO IA011 ITT ❑ Following Form :Qc Umbrella Uaoility 01/01/97 to 01/01/98 • 10. Applicable underlying coverages: JNSURANCE COMPANY POUCY NO, AMOUNT Travelers Indemnity Co. of IL. CUP331K1843 (Commercial Umbrella Liability) 660330K8549 (Commercial General Liabilty) 810330K8549 (Bus. Auto. Liability) 11. The following inclusions, exclusions, extensions or specific provisions relate to the above coverage.: • 12. A 5 $U self-insured retention(check one)of S SIR $10,000 'polies to all towrope(*)except (d none. so state). The deductible la applicable❑ per ciaim or 0 per occurrence(check one). • 13. This Is an h] occurrence or❑claims node policy(cock one). • 14. This endorsement is effective on 10/22/97 at 12:01 AM.and forms a part of Policy Number • I, (pint name), hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the • Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed October 22, S 19 97 . Signature of Authoriz • Represent. • (Origin*/signature only;no tacsinele signature or initialed signature accepted) Phone No.: ( 616 1 795-9000 • • CO(TRACTCFI TO SUBMIT UPON AWARD:D21 FY 9T.91 SEAL BEACH BOULEVARDWESTMINSTERAVENUE RAILROAD CROSSING REHABIUTATION ti� j.. TOTAL P.09 • 1 ' STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES I CONCERNING THE CONTRACTORS' LICENSING LAWS • [Business& Professions Code §7028.15] [Pudic Contract Code§20103.5] • I,the undersigned, certify that I m aware of the following provisions of California law and that I, or the entity on whose behad this certification Is given, hold a currently valid California contractor's license as set forth below: Business S Professions Code§mats: • (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage In the business or ad 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 paNalarty exempted from this chapter. • C2) 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 slant venture, each person submitting the bid shall be subject to t his 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 contrail 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 contrail 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 1. 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 CONTRACTOR TO SUBMIT UlPON AWARD:D.10 Flt 97.9$SEAL EACH BOtLEVARD'WESTMINSTER AVENUE RAILROAD CROSSING REHABRJTATION •• • • • • • license status of any person or contractor and the board failed to respond to the Inquiry within three business `j days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code§201015: In all contrails stilled 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 Mate. However, at the time the contract Is awarded, the contractor shall be property 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 property licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be sut>)ed to all legal penalties Imposed by law, Inducting, 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 prequalificaUon 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. 280588 A License no.• class: date: 4-30-98 • Date OCTOBER 23, 1997 Signature • MAR ANN RULLO PRESID T • • CONTRACTOR TO SUBMIT UPON AWARD;1171 FY 97.91 SEAL EACH BOULEVARD/WESTMINSTER AVENUE RAILROAD CROSSING REHABIUTATION '.: • • • • AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS f;? . (Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] • The undersigned Contractor certifies that k 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 1 ': requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. . 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay '='- prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft In which the worker Is employed for I' any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the 9 ay provisions of California Labor Code Section 1778 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such j:;... payroll records available for Inspection as provided by Section 1778, and (3) Inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1778 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. hh • 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shalt, as a penalty to the Agency, forfeit twenty-five dollars ($25)for each worker employed In the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours In any one calendar day and 40 hours In any one calendar week In violation of the provisions of Division 2, Part 7, Chapter 1,Article 3 of the California Labor Code. 7. California Labor Code Sections 1880 and 3700 vide that every contractor will be Pro ry required to ,:.. . secure the payment of compensation to Its employees. In accordance with the provisions of California Labor Code Section 1881, 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 I. accordance with the provisions of that code, and I will comply with such provisions before commenting f. the performance of the work of this contract.' Date 10-23-97 Signature CL&Ct( MARG T RULLO, PRESIDENT 1 I• CONTRACTOR TO SUBMIT UPON AWARD:69 !'..:. FY 97-96 SEAL BEACH BOULEVARDWESTMINSTERAVENUE RAILROAD CROSSING REHABILITATION p. r ,.