HomeMy WebLinkAboutAGMT - Doug Martin Contracting Co. (Street Sealing FY2002-03) I;LEASE COMPLETE THIS INFORMATi Recorded in Official Records, County of Orange
Tom Daly, Clerk-Recorder
RECORDING REQUESTED BY:
IMO Ili'KIM IIIIiIIIII11111IIiI11111 IIIIII111IIIIIIIIIIINO FEE
2003001203764 10:42am 10/01103
213 109 R28 3
AND WHEN RECORDED MAIL TO: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Q.11 G61-413>rfee\-
e(11: uach, G 601A0- •••
THIS SPACE FIR RECORDERS SE ONLY
Sol I )hur IVD. .1105 •
(Please fill in document title(s)on this line)
tlr
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
9/95
Rec.
Rec.Form#R25 I/
O
tj �1'k
I0
� p
• •
RESOLUTION NO. -572)r
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DECLARING WORK TO BE COMPLETED AS !TO PLANS AND
SPECIFICATIONS FOR PROJECT #50153 THE ANNUAL STREET SEAL
PROGRAM PROJECT FY 02/03, ENTERED INTO BETWEEN DOUG MARTIN
CONTRACTING COMPANY, INC.
WHEREAS, on April 28, 2003, the City of Seal Beach entered into a contract with Doug Martin
Contracting Co., Inc
WHEREAS, the City Engineer has determined that the wok has been substantially completed
in accordance with the contract documents.
- NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the work required to be performed by said Contractor has been completed.
Section 2. That the total cost of said work is in the amount of$149,545.80.
Section 3. That the work is hereby accepted and approved.
Section 4. It is further ordered that a "Notice of Completion", Exhibit A, be filed on behalf of
the City in the Office of the Orange County Recorder within 10 days of the date of
this resolution.
PASSED, APPROVED AND ADOPTED by the City Council oft Cit of S al Beach at a meeting
thereof held on the 0Dh G. day of , 2003 by the
following vote:
AYES: Councilmembei ' 1 .4 gi10J r duti�
NOES: Councilmembers _ham
f
ABSENT: Councilmembers
Mayor tV
dide, -../A■ .1
I:
C. Or 1crk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California do hereby certify that the
foregoing resolution is an original copy of Resolu n Number S60 on file in the Office of the
City Clerk, passed,.approved and adopted by th ity council of the City of Seal_Beach.ata_meeting.. _
thereof held on the 07 7 day of , 2003.
Ci Clerk
♦ r
• • • •
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
211 8th Street
Seal Beach, CA 90740
Space of above this line for Recorder's use.
***No Recording Fee Pursuant to Government Code Section 6103, 27383 ****
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the
property 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 8'h Street, Seal Beach,CA 90740
4. The nature of the interest or estate of the owner is; In fee. The City of Seal Beach.
5. A work of improvement on the property hereinafter describe as completed on July 11,2003. The work
was: FY 02/03 Annual Slurry Seal Program.
6. The name of the contractor, if any, for such of improvement was: Doug Martin Construction Co.,Inc.
The date of the Contract was: April 22,2003.
7. The property on which said work of improvement was completed in the City of Seal Beach, County of
Orange, State of California, and is described as follows: Various streets throughout the City of Seal
Beach.
Date: 9-22-03
Signa e of or corporate fcer of owner
named in paragraph 2 or his agent.
DEPUTY CITY ENGINEER
VERIFICATION
I,the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion;have
read said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on -CV T 2z ,20 t3 , at Seal Beach, California.
(Date of Signature)
4, irector of Public Works
EXHIBIT "A"
0,12s As
BOO Kt11t'OF 1.11
CONTRACT DOCUMENTS
DOCUMENTS TO SU,PRMIT UPON AWARD:A
PUBLIC WORKS CONTRACT, PERFORMANCE BOND, PAYMENT BOND,
INDEMNIFICATION AND HOLD HARMLESS, LABOR LAW■ REQMUIREMENTS,
ACKNOWLEDGEMENT OF LICENSE LAW, WORKMEN'S COMPENSATION
CERTIFICATE, ADDITIONAL INSURED (COMPREHENSIVE,AUTO,EXCESS
FOR:
FY: 02/03 STREET SEALING
PROJECT o. 50153
" �rl� "Fa Asa i
( '` Pt' ru t-
. � �
afive
[a'nh°P°'"° 6j��X2]3
3tI ),d5
r
fin ry a mss. dv`��` k u�;-i.�"f'�x` xry ` ' �4
These Contract Documents are the exclusive property of the Agency and shall not be used in any manner
without p-ior consent of the Agency. Any reuse of these plans and specifications by Others shall be at
Other's sole risk and without liability to the Agency
CITY OF SEAL BEACH - 211 EIGHTH STREET SEAL BEACH, CA 90740-6379cy.
•
1 I 1 .cesWi
tif
FY: 02/03 STREET SEALING PROJECT 50153
For FY: 02/03 STREET SEALING PROJECT 50153, in the City of Seal Beach.
THIS AGREEMENT. made and entered into this 020 day of p % / L_ . 20 O$by and
between the City of Seal Beach, California, hereinafter referred to as the "CITY," Party of the First Part,
and ..----r
•
hereinafter 'magnate4 as the "CONTRACTOR," Party of th • 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: 02/03 STREET
SEALING PROJECT 50153, and to perform and complete in a good and workmanlike manner all the work . -
pertaining thereto shown on the drawings and described in the Specifications and Contract Documents,
therefore, to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary
therefore (except those materials expressly noted as to be furnished by the CITY), and to do everything .
required by this Agreement and the said Specifications, Drawings, and Contract Documents. '
ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary
works or structures, tools and equipment and doing all the work contemplated and embraced in this
Agreement, also for all loss and-damage arising out of the nature of the work aforesaid, or from the action
of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution .
• of the work until its acceptance by said CITY, and for all risks of every description connected with the
work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work;
except such as in the said Specifications are expressly stipulated to be borne by the said CITY and
. faithfully completing the work and the whole thereof, in the manner shown and described in the said •
Drawings, Specifications, and Contract Documents and in accordance with the requirements of the ,
Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the '
• . unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal. -
ARTICLE III. The CITY hereby promises and agrees with said CONTRACTOR to employ and does .
hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and
conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same, at . . •
the time, in the manner and upon the conditions set forth in the Specifications and Contract Documents, and
the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby
agree to the full performance of the covenants herein contained:. - -
ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned . • .
therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are - _
hereby incorporated in and made a part of this Agreement. -
ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is '
hereby specifically referred to and by this reference is made a part of this contract. It is further expressly
agreed by and between the parties hereto that should there be any conflict between the terms of this
instniment 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 Section 3700 of the Labor Code which require every employer to be insured against liability for . . .
workmen's compensation or to undertake self - insurance in accordance with the provisions of that code, and .
I will comply with such provisions before commencing the performance of the work of this contract.
IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year •
. first above written.
II -2
•
• CITY OF'EA.B.ACH,CAA /'IA • Party of the Fi I Pact
Ar
BY fr •
• City Manae - . r
ATTEST •
i
i ,/ ! IOUG MARTIN CONTRACTING COMPANY, INC.
CI
j BY
CO RACT•," - Party of the Second Part .
•
Title '
220 E. Foundation Ave.
Address
La Habra, Ca. 90631
•
•
•
•
•
•
•
•
•
• .
II -3
• �.
•
Bond No.
• PERFORMANCE BOND •
•
• KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarded
•
(Name and address of Contractor)
- - ( "Principal "), a contract (the "Contract ") for the work described as follows:
•
•
•
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
,(Name and address of Surety) - •
( "Surety ") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and
.
fim bound unto the Public Agency in the penal sum of •
Dollars ($ • ), 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 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
•
perfonned, all within the time and in the manner therein specified, and in all respects according to their true - •
intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and
others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain
in full force and effect.
In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'
• fees in an amount fixed by the court.
•
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, addition or modification to the temts of the Contract, or of the work to be performed thereunder,
or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby
waive notice of any such change, extension-of time, alteration, addition, or modification to the terms of the
Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of
• California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all
rights of a party hereto. IN WITNESS WHEREOF. two (2) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original hereof have been duly executed by Principal and
Surety, on the date set forth below, the name of each corporate party being hereto affixed and these •
presents duly signed by its undersigned representative(s)- pursuant to authority of its governing body.
II -4
•
•
a. -p
. •
Bond No.
•
PERFORMANCE BOND •
• KNOW ALL PERSONS BY THESE PRESENTS that:
•
WHEREAS the City of Seal Beach, has awarded
•
•
• (Name and address of Contractor)
•
( "Principal "), a contract-(the "Contract ") for the work described as follows:
•
• 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
•
• - ,(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 •
Dollars (5 ), 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
u 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 par to be kept and
performed, all within the time and in the manner therein specified, and in all respects according to their true - intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and
others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain .
in full force and effect. - -
In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'
fees in an amount fixed by the court.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, •
alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder,
or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby
waive notice of any such change, extension of time, alteration, addition, or modification 'to the terms of the •
Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of
California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all
rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and
• Surety, on the date set forth below, the name of each corporate party being hereto affixed and these •
presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
•
. 11 -4
• •
Dated:
"Principal" "Surety"
•
Bv: By:
Its Its
By: Bv_:
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.
• •
•
•
11-5
•
•
PAYMENT BOND
(LABOR AND MATERIALS)
•
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach.has awarded to
(Name and address of Contractor)
("Principal"), a contract(the"Contract")for the work described as follows:
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure
the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law.
NOW,THEREFORE,we,the undersigned Principal. and
(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
Dollars (S 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.
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 brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'
fees in an amount fixed by the court.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration,addition or modification to the terms of the Contract; or of the work to be performed thereunder,
or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby
waive notice of any such change, extension of time, alteration, addition, or modification to the terns of the
Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of
California Civil Code§§ 2845 and 2849.
•
•
11-6
•
•
• •
• 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"
By: By:
Its Its
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.
•
•
II-7
•
i •
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
•
F1': 02/03 STREET SEALING PROJECT 50153
Indemnitor(s) (list all names):
•
•
•
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 attorneys fees and costs incurred in enforcing this
indemnification provision. Notwithstanding the foregoing, nothing in tins 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(6). 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 lndemnitees,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.
"Indemnitor"
Name DOUG MARTIN CONTRACTING Co. Inc. Name:
i •
By: dh9L ir. By:
Its Dig Martin, 'resident Its
•
II8
AGREEMENT TO COMPLY WITH
CALIFORNIA LABOR LAW'REQUIREMENTS
[Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861,37001
The undersigned Contractor certifies that it is aware of and hereby agrees to full'comply with the
Following provisions of California law:
1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7,
Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the
awarding public agency("Agency") and agrees to be bound by all the provisions thereof as though set forth
in full herein.
2. Contractor agrees to comply with the provisions'of California Labor Code Section 1773.8 which
requires the payment of travel and subsistence payments to each worker needed to execute the work to the
extent required by law.
3. Contractor agrees to comply with the provisions of 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 any public
work done under the contract by Contractor or by any subcontractor.
4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which
require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such
payroll records available for inspection as provided by.Section 1776, and (3) inform the Agency of the
location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of
• its subcontractors.
5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5
concerning the employment of apprentices on public works projects, and further agrees that Contractor is
responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1813
concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency,
forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the
Contractor or by any subcon-tractor for each calendar day during which such worker is required or
permitted to work more than 8 hours in any one calendar day and 40 hours in any one.calendar week in
violation of the provisions of Division 2, Part 7, Chapter 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 July 2, 2003 Signature
Dixie Martin, Secretary
•
11-9
•
•
•
STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES
CONCERNING THE CONTRACTORS' LICENSING LAWS
•
•
[Business & Professions Code § 7028.15]
[Public Contract Code § 20103.5]
1, 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:
(I) 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 (84,500), whichever is greater, or
imprisonment in the county jail for not less than 10 days nor more than six months, or both.
In the event the person performing the contracting work has agreed to furnish materials
and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the
aggregate sum of the cost of materials and labor furnished and the-cost of completing the work to be
performed.
(c) This section shall not apply to a joint venture license, as required by Section 7029.1.
However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to
this section with respect to his or her individual licensure.
(d) This section shall not affect the right or ability of a licensed architect, land surveyor, or
registered professional engineer to fonn 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.
(1) 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
II-]0
• • •
three business days. For purposes of this section, a telephone response by the board shall be deemed
sufficient.
•
Public Contract Code F 20103.5:
In all contracts subject to this part where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However,at
the time the contract is awarded, the contractor shall be properly licensed in-accordance with the laws of
this state. The first payment for work or material under any contract shall not be made unless and until the
Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board
indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or
contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited
to, any appropriate disciplinary action by the Contractors''State License Board. The agency shall include a
statement to that effect in the standard form of prequalification questionnaire and financial statement.
Failure of the bidder to obtain proper and adequate licensing for an
award of a contract shall constitute a failure to execute the contract and
shall result in the forfeiture of the security of the bidder.
License no.: 470131 Class: C-12 Expiration date: March, 2005
�r
Date July 2, 2003 Signatur eij/a,J r iLr�nery
oug/ - tin, President
•
•
11-11
• •
• INSURANCE REQUIREMENTS FOR CITY OF SEAL BEACH
PUBLIC WORKS CONTRACT
•
LIABILITY INSURANCE
The Contractor shall at all times during the terms of the Contract carry, maintain, and keep in full force and
effect a policy or policies of comprehensive general liability insurance in which the City, along with its
City Council and each member thereof, and every officer, official, agent, attorney, employee or volunteer
of the City, is the named insured or is named as an additional insured with the Contractor in accordance
with Section 7-3 of the Standard Specifications. The insurance company issuing such policy(ies) must be
acceptable to, and approved by, the City Engineer and City Attorney. Contractor shall maintain limits of
no less than One Million Dollars (S 1,000,000) combined single limit coverage per occurrence for personal
injury or death or property loss or damage which may arise from or relate directly or indirectly to the acts,
operations or omissions of the performance of the Contractor and/or its subcontractors and/or the
employees, agents, officers, officials or volunteers of either, in the performance of this Public Works
Contract. Such insurance shall include coverage for all automobiles utilized by Contractor's or any
subcontractor's employees or agents in the performance of the Contract. Contractor shall also provide an
• endorsement in substantially the form set forth below.
ENDORSEMENT
IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SEAL BEACH, ITS CITY
COUNCIL AND EACH MEMBER THEREOF, AND EVERY OFFICER, OFFICIAL, AGENT,
EMPLOYEE OR VOLUNTEER OF CITY SHALL BE NAMED AS JOINTLY AND SEVERALLY
INSURED AS RESPECTS CLAIMS ARISING OUT OF THE FOLLOWING PROJECT:
FY: 02/03 STREET SEALING PROJECT 50153
IT IS FURTHER AGREED THAT THE FOLLOWING INDEMNITY AGREEMENT BETWEEN THE •
CITY OF SEAL BEACH AND THE NAMED INSURED IS COVERED UNDER THE POLICY:
CONTRACTOR AGREES TO INDEMNIFY. HOLD HARMLESS AND DEFEND CITY, ITS CITY
COUNCIL AND EACH MEMBER THEREOF AND EVERY OFFICER, OFFICI.AL. EMPLOYEE.
ATTORNEYS, AGENT, AND VOLUNTEER OF CITY FROM AND AGAINST ANY AND ALL
LIABILITY OR FINANCIAL LOSS RESULTING FROM ANY SUITS, CLAIMS, LOSSES OR
ACTIONS BROUGHT AGAINST. AND FROM ALL COSTS AND EXPENSES OF LITIGATION
•
BROUGHT AGAINST, CITY, ITS CITY COUNCIL AND ANY MEMBER THEREOF, AND ANY
OFFICER, OFFICIAL. EMPLOYEE, AGENT, ATTORNEY OR VOLUNTEER OF CITY WHICH
RESULTS, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY WRONGFUL OR
NEGLIGENT ACT OR OMISSION OF CONTRACTOR OR ANY SUBCONTRACTOR. OR AN
OFFICER, EMPLOYEE OR AGENT OF EITHER, OR ANYONE FOR WHOSE ACTS ANY OF THESE
MAY BE LIABLE; WHILE ENGAGED IN THE PERFORMANCE OF THIS CONTRACT, EXCEPT
WHERE SUCH LIABILITY OR LOSS IS SOLEY CAUSED BY THE NEGLIGENCE OR WILLFUL
MISCONDUCT OF THE CITY.
THE INSURANCE COVERAGE SHALL APPLY SEPARATELY TO EACH INSURED AGAINST
WHOM A CLAIM IS MADE OR SUIT IS BROUGHT, EXCEPT THAT THE INCLUSION OF MORE
THAN ONE INSURED SHALL NOT OPERATE TO INCREASE THE LIMITS OF THE COMPANY'S
LIABILITY.
THE INSURANCE COVERAGE SHALL NOT BE SUSPENDED, VOIDED. CANCELED, REDUCED
IN COVERAGE OR IN LIMITS, OR OTHERWISE MATERIALLY CHANGED. UNLESS THIRTY(30)
DAYS ADVANCE WRITTEN NOTICE BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED
HAS BEEN GIVEN TO THE CITY.
THE INSURANCE COVERAGE PROVIDED BY CONTRACTOR AS SET FORTH HEREIN SHALL
BE PRIMARY INSURANCE WITH RESPECT TO THE CITY, ITS CITY COUNCIL AND ANY
•
MEMBER THEREOF, AND ITS OFFICERS, OFFICIALS, ATTORNEYS, AGENTS, EMPLOYEES
I1-12
Policy No.: MGL0135558 Mt Hawley Insurance Company
Named Insured: Doug Martin Contracting Co Inc
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM C)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
All persons or organizations where required by written contract.
(if no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to the endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization
shown in the Schedule, but only with respect to liability arising out of "Your Work" for that insured
by or for you.
To the extent required under contract, this policy will apply as primary insurance to additional
insured scheduled above and other insurance which may be available to such additional
insureds will be non-contributory.
Section IV., Condition 4., of this policy is amended accordingly.
All other Terms and Conditions of this Policy remain unchanged.
CGL-216 (04/98) Page 1 of 1
,
• • •
Policy No. MGL0135558 Mt. Hawley Insurance Company
Named Insured: Doug Martin Contracting Co Inc.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
All persons or organizations where requested by written contract.
(if no entry appears above,information required to complete this endorsement will be shown
in the Declarations as applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV -
COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the
following:
We waive any right of recovery we may have against the person or organization shown in the
Schedule above because of payments we make for injury or damage arising out of your
ongoing operations or "your work" done under a contract with that person or organization
and included in the "products-completed operations hazard". This waiver applies only to the
person or organization shown in the Schedule above.
CG 24 04 10 93 Copyright, Insurance Services Office, Inc. 1992 Page 1 or 1
• •
EXECUTED IN TRIPLICATE
Bond No, 6212780 PREMIUM: $534.00
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach,has awarded DOUG MARTIN CONTRACTING COMPANY, INC.
220 E. FOUNDATION AVENUE, LA HABRA, CA 90631-6813
(Name and address of Contractor)
("Principal"),a contract(the"Contract')for the work described as follows:
EY• 07/03 STREET SEALING PROJECT 50153
WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful
performance of the Camtcact.
NOW,THEREFORE,we,the undersigned Principal,and SAFECO INSURANCE COMPANY OF
AMERICA. 2677 N. MAIN STREET. SUITE 600. SANTA ANA, CA 97705-6679
,(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 _ NINETY SEVEN THQUSANT THIRTY
of D�0 Oda ), this amount being not less than the total
Dollars (S 7,
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,bis,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 Principals part to be kept and
performed,all within the time and in the manner therein specified,and in all respects according to their true
intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and
others as therein provided,then this obligation shall become null and void;otherwise,it shall be and remain
in full force and effect.
In case suit is brought upon this bond, Surety further agrees to pay all coup costs and reasonable attorneys'
fees in an amount fused by the court.
FURTHER,the Surety, for value received,hereby stipulates and agrees that no change,extension of time,
alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder,
or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby
waive notice of any such change,extension of time,alteration,addition,or modification to the terms of the
Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of
California Civil Coda §§ 2643 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 shill for all purposes be deemed an original hereof,have been duly executed by Principal and
Surety, on the dote 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.
11-4
•
Dazed: NOVEMBER 7, 2003
"Ptiuc1pal"
DOUG MARTIN CONTRACTING COMPANY, INC. ty SAFE00 INSURANCE COMPANY OF AMERICA
By: I.C.tu-R- 7 By: lr`^" JUDITH K. CUNNING,
ATTORNEY—IN—FACT
By: Dixie Martin. Sarratary 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. •
1I-5
• •
State of California NOTARY ACKNOWLEDGMENT
County of Orange
On November 7, 2003 before me, Charise May ,Notary
(Date) (Name/Title-Notary Public)
personally appeared Judith K. Cunningham
® personally known to me - OR- ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
CHARISE MAY
R COMM. #1380494
Ps .i %, NOTARY PUBLIC.-CALIFORNIA 3 Witness my hand and official seal.
•`''tF:Ii' ORANGE COUNTY N
3 i'1n
:M My Comm.Exp.Ot 18 2006 I`
a
`
(Signat e o otary)
OPTIONAL INFORMATION
CAPACITY CLAIMED BY SIGNER(S)
❑ INDIVIDUAL
❑ CORPORATE
❑ OFFICER(S)
(Title)
❑ PARTNERS(S) LIMITED
GENERAL
• ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
• •
NOTARY ACKNOWLEDGMENT
State of California
County of Orange
On November 13, 2003 before me, Maureen Skidmore,Notary
(Date)
personally appeared DIXIE MARTIN
® personally known to me - OR- ❑ proved to me on the basis of satisfactory evidence
to be the person($whose name(a) is/are
subscribed to the within instrument and
acknowledged to me that he/she/titey executed the
_ MAUREEN J.SKIDMORE same in liie/her/their•authorized capacity(ies),and
COW.•1439866 that by h s/her/theiv-si ature on the instrument
`�'':x= NcTNIYPail•CALIFORNIA
y gn fe3
>: '�:*r# ORANGE COUNTY the person(a),'f p (a),or the entity upon behalf of which
Comm. ^.OCT.9 2007 the person(&)acted,executed the instrument
Witness my hand and official seal.
77CCCGaa'
(Signature of Notary)
•
OPTIONAL INFORMATION
CAPACITY CLAIMED BY SIGNER(S)
❑ INDIVIDUAL
U CORPORATE
❑ OFFICER(S) SECRETARY
(Title)
❑ PARTNERS(S) LIMITED GENERAL
❑ ATTORNEY-IN-FACT
O TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
•
•
• POWER SAF SURANCE COMPANY OF AMERICA
SAFECO' INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOME OFFICE:
WASHINGTON PLAZA 9 5
••
•
• No. 9223
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby
appoint California***********
>...na.s.s.as.,NDITH K CUNNINGHAM;JOHN M.GARRETT;STEVEN C.MOSIER;DENISE BENNETT;ERIKA A.NICHOLAS;Tustin,California
•
its the and lawful attomey(s)-In-fact,with full authority to execute an Its behalf fidelity and surety bonds or undertakings and other documents of a similar character
issued In the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents .
this 2fith day of July ., 2001 .
•
aRerILP.....)2.44.0-7-1-- ititi" Le-- ptc-a-p-i.
R.A.PIERSON,SECRETARY MIKE MCIGAVICK,PRESIDENT •
CERTIFICATE
Extract from the Sy-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL 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 tai that
purpose by the officer in charge of surety operations,shall each have authority to appoint Individuals as attorneys-In-fact or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents,of similar character Issued by the company In the course of its business...On any
Instrument making or evidencing such appointment the signatures may be affixed by facsimile. On any Instrument conferring dad,however,that the seal shall undertaking of the company,the seal,or a facsimile thereof,may be Impressed or affixed or in thy other manner reproduced;p .
be necessary to the validity of any such Instrument or undertaking.' •
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL 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
•(il) A copy of the power-of-attorney appointment executed pursuant thereto,and •
(Ill) Certifying that said powerof-atomey 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,R.A.Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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 these corporations,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 7TH day of NOVEMBER , 2003 ,
ott� .5.,44- EC0A7p
4`oo a
SEAL SEAL ..aFQ..6"."..:2-4-4-o'lL
1953 no rs2's S
'vet, P4of mot: R.A.PIERSON,SECRETARY
•
S-0974/SAEF 2101 ®A registered trademark of SAFECO Corporation
7126101 POF
• •
NOVEMBER 7, 2003 BOND NO: 6212780
EXHIBIT B
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 this bond, the underlying agreement
guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law.
At this time there is no premium change resulting from this Act.
•
3.6248 2/03