HomeMy WebLinkAboutAGMT - Elite Construction (2009 Annual Concrete Repair Program) •
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RECORDING REQUESTED BY
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AND WHEN RECORDED MAIL TO 276 418 N12 'I
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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 P 1111
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated
below in the property hereinafter described:
2. The full name of the owner is: City of Seal Beach.
3. The address of the owner is: 211 —8th Street, Seal Beach, CA 90740.
4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach.
5. A work of improvement on the property hereinafter is described as substantially completed on
December 14, 2009. The work was Annual Concrete Repair Program CIP No. ST0912.
6. The name of the contractor, if any, for such improvement was: Elite Construction. The date
of the Contract Award was March 23, 2009,
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: Citywide concrete repair.
Date: 31e*, ‘10
\ .
Si. alure of owner • corporate offi
named in paragraph 2 or agent.
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 #1.0A..a- 9 , 2010, at Seal Beach, California.
(Date of Signature) i/ fin._ ( ��
C���/lRA/1-'mac I ><��'"
Director of Public Works /,
AN AGREEMENT FOR /
2!M 9 ANNUAL � �p UAIL CONCRETE /1 EPAJIR
PROGRAM
C1[P N 0 ST @912
between
SEAL O .. F ,
r . ey,
s
's, s,• - • gs
'
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Elite Construction
1113 E 46 Street
Long Beach, CA 90807
(562) 209 -0409
THIS AGREEMENT is made and entered into this 10 day of March, 2009, by and between the
City of Seal Beach, a California charter city ( "City"), and Elite Construction, a Concrete
( "Contractor ").
RECITALS
A. WHEREAS, the City Council has approved the plans and specifications for the 2009
Annual Concrete Repair Program, CIP No. ST0912 ( "Project ");
B. WHEREAS, Contractor has submitted a bid to City for the Project dated February 26.
2009.
NOW, THEREFORE, in consideration of performance by the parties of the mutual promises,
covenants, and conditions herein contained, the parties hereto agree as follows:
AGREEMENT
Contractor's Services.
Scope and Level of Services. For and in consideration of the mutual promises set forth
herein, and subject to the terms and conditions set forth in this Agreement, Contractor shall perform and
complete in good and workmanlike manner all work ( "Work ") required by this Agreement and the
documents listed in Subsection 1.2 for the Project.
Contract Documents. The "Contract Documents" that comprise the agreement between
the City and the Contractor are the: Notice Inviting Bids, Instructions to Bidders, Accepted Proposal,
Non - Collusion Affidavit, Bid Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record,
Contractor's Qualification Statement, Bid Security Forms for Check or Bond, Specifications, General and
Special Provisions and documents referenced therein, all addenda as prepared prior to the date of bid
opening setting forth any modifications or interpretations of any of said documents, this Agreement,
Exhibits attached to this Agreement, including but not limited to the Performance Bond (Exhibit A),
Payment Bond (Exhibit B), Worker's Compensation Insurance Certificate (Exhibit C), Insurance
Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor
Licensing Laws (Exhibit E) and Labor Law Requirements (Exhibit F) and any and all supplemental
agreements executed amending or extending the work contemplated and that may be required to complete
the work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into
this Agreement.
The Work shall be performed in accordance with the Plans, Specifications and other
Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and
services necessary therefore, except such labor, materials, equipment and services as are specified in the
Contract Documents to be furnished by Owner.
In the event of any material discrepancy between the express provisions of this
Agreement and the provisions of the other Contract Documents, the provisions of this Agreement shall
prevail.
Effective Date. This Agreement is effective as of March 10. 2009 (the `Effective Date "), and
shall remain in full force and effect until Contractor has rendered the services required by this Agreement.
Payment. For performing and completing the work in accordance with the Contract Documents,
Owner shall pay Contractor, in full compensation therefor, the contract sum set forth in the Bidding
Schedule. Said sum shall constitute payment in full for all work performed hereunder, including, without
limitation, all labor, materials, equipment, tools and services used or incorporated in the work,
supervision, administration, overhead, expenses and any and all other things required, furnished or
incurred for completion of the work as specified in the Contract Documents. Owner shall make payments
to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified
in the Contract Documents.
Contractor's Personnel.
All Work shall be performed by Contractor or under Contractor's direct supervision, and
all personnel shall possess the qualifications, permits, and licenses required by State and local law and by
the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a
City of Seal Beach business license as required by the Seal Beach Municipal Code.
Contractor shall be responsible for payment of all employees' wages and benefits, and
shall comply with all requirements pertaining to employer's liability, workers' compensation,
unemployment insurance, and Social Security. Contractor shall fully comply with the workers'
compensation law regarding Contractor and Contractor's employees.
Contractor shall indemnify and hold harmless City and its elected officials, officers and
employees, servants, designated volunteers, and agents serving as independent contractors in the role of
city officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent
arising from Contractor's alleged violations of personnel practices.
Contractor is, and shall at all times remain as to City, a wholly independent contractor.
Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act
as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or
any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or
in any manner, represent that it or any of its officers, agents, or employees are in any manner employees
of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and
indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted
against City by reason of the work performed pursuant to this Agreement.
City shall have the right to offset against the amount of any fees due to Contractor under
this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly
pay to City any reimbursement or indemnification arising under this Section 4.
Indemnification.
Contractor's Duty. Contractor shall indemnify and hold the City, its elected officials,
officers, employees, volunteers, agents, and those City agents serving as independent contractors in the
role of City officials (collectively "Indemnitees ") free and harmless from any and all claims, damages,
penalties, obligations, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law
or equity, to property or persons, including without limitation wrongful death, bid protests, and stop
notice actions, in any manner arising out of or incident to the performance of the Agreement, including
without limitation the payment of all consequential damages and attorneys fees and other related costs
and expenses. Further, Contractor shall appoint competent defense counsel, at Contractor's own cost,
expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising
out of or incident to the performance of the Agreement that may be brought or instituted against
Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered
against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or
incident to the performance of the Agreement. Contractor shall reimburse the City and the other
Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or
in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City or the other Indemnitees.
Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may
possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance
policy or certificate required pursuant to this Agreement.
Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming
under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within
the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or
operations performed by or on behalf of the Indemnitor.
Survival. The provisions of this Section 5 shall survive the termination of the Agreement
and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is
not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision,
and an entry of judgment against an Contractor shall be conclusive in favor of the Indemnitee's right to
recover under this indemnity provision.
Insurance.
Liability Insurance. Contractor shall procure and maintain in full force and effect for the
duration of this Agreement insurance against claims for injuries to persons or damages to property and
professional negligence which may arise from or in connection with the performance of the services
hereunder by Contractor, and its agents, representatives, employees and subconsultants. Contractor shall
complete and execute the following documents attached as Exhibits hereto and incorporated herein by this
reference:
Exhibit D-1: Additional Insured Endorsement - Commercial General Liability
Exhibit D -2: Additional Insured Endorsement - Automobile Liability
Exhibit D-3: Additional Insured Endorsement
Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at
least as broad as defined below:
Insurance Services Office Commercial General Liability coverage (occurrence
form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
Worker's Compensation insurance as required by the State of California and
Employer's Liability Insurance.
Professional Liability insurance. Contractor shall provide to City the standard
form issued by the carrier.
Minimum Limits of Insurance. Contractor shall maintain limits no less than as defined
below:
General Liability: $2,000,000 per occurrence and in the aggregate for bodily
injury, personal injury and property damage. Commercial General Liability Insurance or other form with
a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the
required occurrence limit.
Automobile Liability: $2,000,000 per accident for bodily injury and property
damage.
Employer's Liability: $1,000,000 per accident and in the aggregate for bodily
injury or disease and Workers' Compensation Insurance in the amount required by law.
Deductibles and Self- Insured Retentions. Contractor shall inform City of any deductibles
or self- insured retentions except with respect to professional liability insurance.
Other Insurance Provisions. The general liability and automobile liability policies are to
contain, or be endorsed to contain, the following provisions:
City, its officers, officials, employees, designated volunteers and agents serving
as independent contractors in the role of city or agency officials, are to be covered as additional insureds
as respects: liability arising out of activities performed by or on behalf of Contractor; products and
completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles
owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope
of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as
independent contractors in the role of city or agency officials which are not also limitations applicable to
the named insured.
For any claims related to this Agreement, Contractor's insurance coverage shall
be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents
serving as independent contractors in the role of city or agency officials. Any insurance or self - insurance
maintained by City, their officers, officials, employees, designated volunteers or agents serving as
independent contractors in the role of city or agency officials shall be excess of Contractor's insurance
and shall not contribute with it.
Contractor's insurance shall apply separately to each insured against whom claim
is made or suit is brought, except with respect to the limits of the insurer's liability.
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be canceled or materially modified except after 30 days prior written notice by
registered first class mail has been given to City.
Each insurance policy, except for the professional liability policy, required by
this clause shall expressly waive the insurer's right of subrogation against City and its elected officials,
officers, employees, servants, attorneys, designated volunteers, and agents serving as independent
contractors in the role of city or agency officials.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII unless waived in writing by City's Risk Manager.
Verification of Coverage. All insurance coverages shall be confirmed by execution of
endorsements on forms approved by the City. The endorsements are to be signed by a person authorized
by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City
before services commence. As an alternative to City forms, Contractor's insurer may provide complete,
certified copies of all required insurance policies, including endorsements effecting the coverage required
by these specifications.
Liquidated Damages. Should the Contractor fail to complete the project, or any part thereof, in
the time agreed upon in the Contract, the Contractor shall reimburse the Owner for the additional expense
and damage for each calendar day that the Contract remains uncompleted after the Contract completion
date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to
complete the Contract is the per diem rate $750 per working day. Such amount is hereby agreed upon as
liquidated damages for the loss to the Owner resulting from the failure of the Contractor to complete the
project within the allotted time and to the value of the operation of the works dependent thereon. It is
expressly understood and agreed that this amount is a reasonable amount and is established in lieu of
damages that are incapable of calculation at the inception hereof; and this amount is not to be considered
in the nature of a penalty. The Owner shall have the right to deduct such damages from any amount due,
or that may become due to the Contractor, or the amount of such damages shall be due and collectible
from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion
date shall not constitute a waiver of liquidated damages.
Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's
Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A
suspension of the Services does not void this Agreement.
Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be
in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight
courier service during Contractor's and City's regular business hours or by facsimile before or during
Contractor's regular business hours; or (b) on the third business day following deposit in the United
States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this
Section. All notices shall be addressed as follows:
If to City: City Clerk
City of Seal Beach
211 8th Street
Seal Beach, California 90740
Telephone: (562) 431 -2527
Fax: (562) 493 -9857
With a copy to:
Public Works Director
City of Seal Beach
211 8th Street
Seal Beach, California 90740
If to Contractor: Elite Construction
1113 E 46 Street
Long Beach, CA 90807
Telephone: (562) 209 -0409
Fax: (562) 984 -8060
Non - Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any
interest in this Agreement or the performance of any of Contractor's obligations hereunder. Any attempt
by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder
shall be null, void and of no effect.
Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws,
ordinances, codes and regulations in force at the time Contractor performs the Services.
Non - Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the
conditions of performance under this Agreement shall not be a waiver of any other condition of
performance under this Agreement. In no event shall the making by City of any payment to Contractor
constitute or be construed as a waiver by City of any breach of covenant, or any default which may then
exist on the part of Contractor, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
Attorneys' Fees. In the event that either party to this Agreement shall commence any legal action
or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action
or proceeding shall be entitled to recover its costs of suit, including all attorneys' fees incurred in
connection with such enforcement or interpretation.
Construction. The validity, interpretation, and performance of this Agreement shall be controlled
by and construed under the laws of the State of California. In the event of any asserted ambiguity in, or
dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who causes the
uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the
Agreement.
Entire Agreement. This Agreement, including any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between Contractor and City. This
Agreement supersedes all prior oral or written negotiations, representations, or agreements. This
Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed
by the parties which expressly refers to this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have
executed this Agreement as of the date first written above.
CITY OF SEAL BEACH CONTRACTOR:
By: CA,/ By��
City Manager Name: EDcp/4 is 0 ucperit.
Title: p
Attest:
By: /A, AA .i ALAI By: g4
Lin I . Devine, City Clerk Name: Esc) w,4Vi e0 V7 4 go vi7e
Title: ..dot .
Approved as to Form:
By: :
:inn M. Barrow, City Attorney
AL
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Bond No. 70681500 Braid Premium $1,265.00 •
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PERFQRMANCEBOND
KNOW ALL PERSONS BY THESE PRESENTS that •
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WHEREAS the City of Seal$each,has awarded Edward Stamper dba Elite Construction
1113 E. 46th St. , Long Beach, CA 90807
• (Name and address of Contractor)
("Principal"),a contact(the"Contract-)for the work described as follows: •
2009 Annual Concrete Repair Prosamm.CIN 1 ST09I2
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WHEREAS,Principal is required under the terms of the Contract to furnish a bond for the faithful performance of
the Contact.
NOW,TELEREFORE,we,the undersigned Principal and WESTERN SURETY COMPANY
101 S. Phillips Ave. , Sioux Falls , SD b/!U4-b/U3 •
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(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 enal sum of
Forty Two Thousand One Hundred Seventy Six and no/I00
• Dollars(S I 42,1/6.00 ),this amount being not less than the total contact price,in •
lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby-bounded Principal,his, her or its-
. heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly
keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any
alteration thereof made as therein provided,on the Principal's part to be kept and performed,all within the time and
in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify .
and hold harmless-the Public Agency, its officers, agents, and others as therein provided,then this obligation shall
become null and void;otherwise,it shall be and remain in 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 there under, 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 rime, alteration, addition, or-modification to the terms of the Contract or to the
work or to the specifications that under. Surety hereby waives the provisions of California Civil Code§§2845 and
2549. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS
WI-1 EOP, two (2) identical counterparts of this instrument, each of which shall far all purposes be deemed an
original hcrcoZ have been duly executed by Principal and Surety, oa the data set forth below, the name of each
corporatc party being hereto affixed and these presents duly signed by its undersigned rcpresea:arivc(s)pursuant to
authority of its governing body.
Data
March -13, 2009
"Principal" "Surety"
ELITP3/ 'TUC I0 ' / WESTERN SURETY CO.t NY •
Bv: jar t iirr • Weal
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By. L By:. B.Arps Asst Sec.
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(Seal) (Seal)
Note:-This bond must be dated, all signatures must be notarized, and evidence of
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the authority of any person signing as attorney-in-fact must be attached.
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ACKNOWLEDGMENT OF SURETY
STATE OF SOUTH DAKOTA (Corporate Officer)
County of Minnehaha SS
On this 13th day of March 2009 before me, a Notary Public in
and for said County, personally appeared B.A M,Ass'iSec.
personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY
COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, that the seal affixed to the
foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on
behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the
execution thereof to be the voluntary act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above
written.
My commission expires
D. 06R
1.g9u Commission E.xu1;e=.s14oe^staa5
Notary Public
Form 103-12-98
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
�'�"CY'Fii.�...,C"�CY..:4�^!6C•CIClV'.C��,L�SY<Y`�V`.('C.("('Y ^Cn^C'n���.F.(.^i��-.�.�.��'Gf4�t`ti,ti�"..�('. � ,.-r�t"^M. n� ..
State of California
County of Los Angeles
On MAY ///.?(Dh t before me, Lavannes C. Squires, Notary Public
Date Here loran Name and Tine of tee Cofer
personally appeared -eci LJA (fT / . SA2r R
Narnots)of Signers;
who proved to me n the basis of satisfactory evidence to
be the person whose hameisr(46—subscribed to the
within instrument and acknowledged to me that
he/s>h executed the same in hi /ttuthorized
capacity(ieJ and that by s signature on the
instrument the person , or the entity upon behalf of
LAVANNES C.SQUIRES which the person cted, executed the instrument.
• `!t'_ Commission S 1821291
NoUry Public-ChitorMS I certify under PENALTY OF PERJURY under the laws
Los Angeles Noonry
Comm.6 trssNOr29 2012 of the State of California that the foregoing paragraph is
true and correct.
WITNESS m h•ni . d official se. .
• Signature ariffarlev: f,•
Pin Notary Seal Above Sarre of ury Pudic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons rely g on the document
and could prevent fraudulent removal and reattachment of this form to anothe document.
•
Description of Attached Document
Title or Type of Document: fe. FORA/L,4AiiCP .t//
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oeDocument Date: 3-1.541-a / Number of Pages:
Signer(s) Other Than Named Above: c$ ki
Capacity(ies) Claimed by Signer(s)
Sig s Name: Signer's Name:
Individual ❑ Individual
a Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
Partner—0 Limited 0 General _I Fanner—0 Limited General
wcr+rn{umaaaiNr rcpprniuMewmer
• Attorney in Fact ..:.'OFSIGNER,tra E Attorney in Fact
Top of Inurno here Top of(numb nere
Trustee a Trustee
• Guardian or Conservator ❑ Guardian or Conservator
• Other: _: Other:
Signer Is Representing: Signer Is Representing:
C., Nat l Nci s_cc: . '_.r_sa Solo A., C.ec., •Chat:: 91:213-2-102. iaccn lr,..o em
�.dO,.Jaicnal VCUrtTVecatc •3'SJ vo xto Ave.. Ow:C2•C 1plsnCrhCA wwwPlacc aVaar�.on� le 5907 nec .e,.Call c4Ree t2CW. S.idZ:
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Western Surety Company
POWER OF ATTORNEY- CERTIFIED COPY
Bond No 70681500
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the
laws of the State of South Dakota,and having its principal office in Sioux Falls, South Dakota (the"Company"),does by these presents
make,constitute and appoint B._Arp
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on
its behalf as Surety,bonds for:
Principal: Edward Stamper dba Elite Construction
Obligee: City of Seal Beach
Amount: $500, 000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed
with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said
attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following
bylaw of Western Surety Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such
other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the
Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of
the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of July 25 ,
2009 ,but until such time shall be irrevocable and in full force and effect.
In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T.
Bruflat,arkitsicorporate seal to be affixed this 13th_ day of March , 2009 _.
^,^' ` -C T p."^'+q,s
WES SURE Y COMPANY
t : iza
c :`{" Paul T.Bruflat enior Vice President
'j �. SCAt :'p
STA11E o SOLITH'DdKOTA
-e.,,41 BAtvtt ss
COUNVYrQuI gHAHA
On this 13th day of March , in the year_2009_,before me,a notary public,personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of s id corporation.
+44444.0,4%%%.1%4%,0014,.,41.01+
• D. KRELL
i�NOTARY PUBLIC SEAL i
i SOUTH DAKOTA e i otary Public-South Dakota
...1/2.0.0.0.,%.00.00.0..1/2.0.0.,1/2.00,43/4+
My Commission Expires November 30,2012
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company
as set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 13th day of
March 2009.
WES", SURE Y COMPANY
r
Paul'T. Bruflat enior Vice President
Form F5306-9-2006
Bond No. 70681500 Bond Premium. $1,265.00 •
PAYMENT BOND
(LABOR AND MATERIALS) - - -
KNOW ALL PERSONS BY THESE PRESENTS that: - -
WHEREAS the City of Seal Beach,has awarded to Edward Stamper dba Elite Construction
1113 F 46th St . Long Beach. CA 90807
(Name and address of Contractor) _
("Principal"),a contract(the"Contract")for the work described as follows:
2009 Annual Crmorete Repair Prnmam—CaPilt ST0912,
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the
payment of claims oflaborers,mechanics,materialmca,and other persons as provided by law.
NOW,THEREFORE,we,the undersigned Principal,and WESTERN SURETY COMPANY
101 S. Phillips Ave. , Sioux Falls, SD 57104-6703
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly
bound unto the Public Agency in the penal sum of - - -Forty Two Thousand One Hundred Seventy Six ana no/100
Dollars($ 42.176.00- this amount being not less than fifty percent(50%)of
the total contract price,in lawful money of the United.States of America,for the payment of which sum well and
truly to be made, we bind ourselves,our heirs,executors,administrators,successors,and assigns,jointly and
severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if rho hereby bounded Principe], 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 insure to the benefit of any of the persons named in Section 3181 of the California Civil Code:so as
to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought
upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the
court.
• FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder,or the
specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice
of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the
work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§2845.and
2849.
IN WITNESS WHEREOF, two(2)identical counterparts of this instrument, each of which shall for all purposes
be deemed an original hereof, have been duly executed by Principal and Surety, on the dale set forth below, the
Paget-39
•
•
•
•
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- March 13, 2009 -
"Principal" • "Surety" - •
ELITE CO STRU • _ WESTERN SURETY COMPANY
BY: d' _ BY: ® 11 •
BY ' , LS C CA/STlear B
By: • .�:Asset cc.-
Its Its
. BF - - 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
•
•
ACKNOWLEDGMENT OF SURETY
STATE OF SOUTH DAKOTA (Corporate Officer)
County of Minnehaha SS
On this 13th day of March 2009
B AA�� �C µ , before me, a Notary Public in
and for said County, personally appeared B•MME ASS `SBC•
personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY
COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, that the seal affixed to the
foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on
behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the
execution thereof to be the voluntary act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above
written.
My commission expires �(
My Commission Expires 6-22-2013 /t/` -(}�Q
u
Form 10.3-12-98 Notary Public
•
Page D-40 .
• •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
C" c'!'.E!'i,('.c'!'iY'�.".C^.FFS.Y`.cY'CY'4f.N'.�.^�t'�Y.M-GAF':=('.C'^:-(:^('.c;('.�•^,�_!'-ti ti.LfrF.'�S�{Y"v=COY=�. .c"`Vi.µ_.^-^;fn�,:.';t
State of California
•
County of Los Angeles Jy
On MA- V //;GC/ before me, Lavannes C. Squires, Notary Public
Oats' / / Here risen Name aria Title el tae Cllicer
personally appeared 27&("A Rn 1 . St/f/11-PM
• darnels)of Signensf
who proved tom e on the basis of satisfactory evidence to
. be the person(s) whose hame(p)/Ist.aralubscribed to the
within instrument and acknowledged to me that
he/ ibeq ee.ecuted the same in hisn7tbeirauthcrized
capacity(ies), and that by hi r/tlsignature(sron the
instrument the persc , or the entity upon behalf of
which the person( acted, executed the instrument
WANKS C.SQUIRES
f :Ii is CanaLtiafbe 1821291 I certify under PENALTY OF PERJURY under the laws
ec; Wary Public-CWfornia of the State of Cthat thagrah s loo Anpoheo true and correct.
Irp Nov N 2 29 2012 9
WITNESS my hen.'and offs ial se. .
Signatur :%////. I� �
•
Place Notary Seal Above a g :/J((/J'r. Pudic
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons r yi g on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: /5)YM-NA/ J &AA
Document Date: - 7-1 3 KY Number of Pages:
Signer(s) Other Than Named Above: , TT R P
•
Capacity(ies) Claimed by Signer(s) •
Si is Name: Signer's Name:
Individual ❑ Individual
▪ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
o Partner—❑ Limited E General wcNrtrrutnet Nr Et Partner—G Limited General RGHTTNUM8PH Nr
• Attorney in Fact •.. of SIGNER`.- ❑ Attorney in Fact 4,OF SIGNER•
Trustee tap of nutria here j Trustee Top at thump acre
• Guardian or Conservator ❑ Guardian or Conservator
• Other: 7 Other:
Signer Is Representing: Signer Is Representing:
t...
°?GTN alic.rinal N cwa r r/,lsactaGcn••3L.sO Do Seto .tac..._24C2••Chmsworat CA 3:212-2402,vneNaeCnaiNClar;.orc item-E5.907-E5.907 fG] Rec rmecC 'abFreel.dack3-5-d227 Z:
•
•
•
Western Surety Company
POWER OF ATTORNEY- CERTIFIED COPY
Bond No. 70681500
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the
laws of the State of South Dakota, and having its principal office in Sioux Falls,South Dakota (the"Company"),does by these presents
make,constitute and appoint B_._Arp
•
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on
its behalf as Surety,bonds for:
Principal: Edward Stamper dba Elite Construction
Obligee: City of Seal Beach
Amount: $500, 000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed
with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said
attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following
bylaw of Western Surety Company which remains in full force and effect. •
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such
other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary,or the
Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of
the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of July 25
2009 , but until such time shall he irrevocable and in full force and effect.
In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T.
Bruflat, andtitstcorporate seal to be affixed this 13th_ day of March , 2009 -
04"{� ""refit
b1a6xsegttt y +f+app
9 WES' SURE Y COMPANY
.X.-i Paul T. Bruflat enior Vice President
S'PATEkOF SOUTHllt1KOTA
oi..to ntJ"a'4. ss
COUN'I*`Y{OF MINNEtiAKA
On this 13th- day of March , in the year 200.9_,before me,a notary public,personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of s id corporation.
♦46 b b%%%%%%%% % 444444444+
D. KRELL
set- NOTARY PUBLIC
SE
SOUTH DAKOTA e AL otary Public-South Dakota
144444444444444444444446+
My Commission Expires November 30,2012
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota,do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company
as set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 13th day of
March 2009.
WES4 SURE Y COMPANY
Paul T. Bruflat enior Vice President
Form F5306-9-2006
Apr. 02 2009 10: 19RM P2
FROM : ELITE CONSTRUCTION AND a ON PHONE NO. : 562 984 8060 .
WORKERS COMPENSATION CERTIFICATE OF INSURANCE
WHEREAS,the CITY OF SEAL BEACH has required certain insurance to be provided by
NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy
or policies described below to the following named insureds and that the same are in force at this time.
1. This certificate is issued to: CITY OF SEAL BEACH, City Hall,211 EIGHTH STREET, SEAL
BEACH, CA 90740-6379.
2. The insureds under such policy or policies are: .i 1/A f 5, C.0
3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of
California covering all operations of the named insureds,as follows:
POLICY NUMBER EFFECTIVE DATE EXP1ItATION DATE
IS/CA rp1ECODe�F 5 3r71 3/tS/�owq ill yz of a
4. Said policy� policies shall not be canceled, voided or reduced in coverage or limits of liability,
unless and it tfiirty�days' advance written notice thereof has been served upon the City Clerk of the
CITY OF S BEACH.
By:
Its A zed Representative
Page D-42
FROM : ELITE CONSTRUCTION AND •GN PHONE NO. : 562 984 8988 Apr. 02 2009 10:20AM P3
ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL
LIABILITY J /
£Mt Cris uc, m /1/3 F H St gets 4c4 ci 601,7
Name and address of named insured("Named Insured"):
41 s LnJ4itme Cann"y I J aX / % rf/W / /4raI
Nam�and
address of Insurance Company("Company"):
/✓y
OFFICIAL TITLE OF PROJECT:2009 ANNUAL CONCRETE REPAIR PROGRAM CIP No.ST 0912
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the`Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows:
I. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are
additional insureds (the above named additional insureds are hereafter referred to as the "Additional
Insureds") under the Policy in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability
for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,
and no other insurance maintained by the Additional Insureds shall be called upon to contribute with
the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against
whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured
under the policy against another insured under the policy. All such claims shall covered as third-party
claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as
provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained in or executed in
• conjunction with the written agreement(s)or permit(s) designated above,between the Named Insured
and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in
coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except
after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty
(30) days prior to the effective date thereof. In the event of Company's failure to comply with this
notice provision, the policy as initially drafted will continue in full force and effect until compliance
with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional insureds,
while acting within the scope of their duties, from all claims, losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior,
concurrent,or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity,
construction, interpretation,and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
Page ID-44
FROM : ELITE CONSTRUCTION AND SUN PHONE NO. : 562 984 8060 • Apr. 02 2009 10:20RM P4
City Engineer
City of Seal Beach
211 8th Street,2ne Floor
Seal Beach CA 90740
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be
held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this
endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
l L Scheduled items or locations are to be identified on an attached sheet. The following inclusions
relate to the above coverages. Includes:
S Contractual Liability ❑ Explosion Hazard
2i" Owners/Landlords/Tenants ❑ Collapse Hazard
❑ Manufacturers/Contractors 0 Underground Property Damage
t1j,tProducts/Cotnpleted Operations ❑ Pollution Liability
¢',Broad Form Property Damage ❑ Liquor Liability
Extended Bodily Injury ❑
R.-Broad Form Comprehensive ❑
W General Liability Endorsement
12. A Qrdeductible or ❑ self-insured rctention4heck one) of$ / 00 0
applies to all coverage(s)except /7✓ t_4ce17ftt'^,
(if none, so state). The deductiblE is applicableSkper claim or ❑ per occurrence(check
one).
13. This is ana occurrence or 0 claims made policy(check one).
14. This endorsement is effective oq J - ° at 12:01 A.M. and forms a part
of Policy Number 01167Q32/9" .
I, A/rr//% / Ca& (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,J do so bind the Company.
Executed ,20
Signature of Authorized Representative
(Original signature only; no facsimile signature or initialed signature
accepted)
G
Phone No.: (42'9 ) I ' '—S-
1".
Page D-45
Apr. 02 2009 10:21AM PS
FROM : ELITE CONSTRUCTION AND •GN PHONE NO. : 562 984 8060 •
ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY
"Ife trynsf u,,toiti 1/13 S7` 7..4g fie / (4 49d f -7
7
9
Name and address of named insured("Named Insured"): /,� �,
�cytr c 1,/utr�,r�c 0n�en,y- 74 7 Ab :Give "pad
g, It oft ''
Name and address of Insurance Company("Company"):
OFFICIAL TITLE OF PROJECT:2009 ANNUAL CONCRETE REPAIR PROGRAM CIP No.ST09.12
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the
"Policy")or in any endorsement now or hereafter attached thereto, it is agreed as follows:
The City of Seal Beach, its elected officials,officers, attorneys,agents,employees,and volunteers are additional
insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds")under the
Policy in relation to those activities described generally above with,regard to operations performed by or on behalf
of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments
under the Policy.
1. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no
other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance
coverages provided by the Policy.
2. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim
is made or suit is brought except with respect to the limits of the Company's liability.
3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under
the policy against another insured under the policy. All such claims chall covered as third-party claims,i.e., in
the same manner as if separate policies had been issued to each insured. Nothing contained in this provision
shall operate to increase or replicate the Company's limits of liability as provided under the policy.
4. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and
exclusions applicable to such insurance) includes liability assumed by the Named Insured under the
indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written
agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds,
5. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage,
reduction of limits(except as the result of the payment of claims), or non-renewal except after written notice to
• Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective
date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially
drafted will continue in full force and effect until compliance with this notice requirement.
6. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,while acting
within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils
insured against in relation to those activities described generally above with regard to operations performed by
or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive
negligence by the Additional Insureds.
It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction,
interpretation,and enforcement of this contract of insurance.
This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Engineer
City of Seal Beach
211 8th Street,2"d Floor
Seal Beach CA 90740
7. Except as stated above and not in conflict with this endorsement,nothing contained herein shall be held to
waive, alter or extend any of the limits,agreements,or exclusions of the policy to which this endorsement is
attached.
•
Page D-47
•
FROM : ELITE CONSTRUCTION AND ON PHONE NO. : 562 984 8060 fib Apr. 08 2009 01:09PM P2
TYPE OF COVERAGES TO WHICH POLICY PERIOD 3-S-2 00
LIMITS OF FROM/TO 91.- S-Z 0
THIS ENDORSEMENT ATTACHES
LIABILITY
Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to
the above coverages. Includes:
❑ Any Automobiles ❑ Truckers Coverage
All Owned Automobiles 0 Motor Carrier Act
S Non-owned Automobiles 0 Bus Regulatory Reform Act
%Hired Automobiles ❑ Public Livery Coverage
Scheduled Automobiles ❑
C Garage Coverage ❑ OP
11. A deductible or 0 self-insured retention (check one) of $ SOO applies to all
coverage(s)except
(if none,so state). The deductible is applicable ❑per claim or 0 per occurrence(check one).
12. This is an 0 occurrence or 0.claims made policy(check one).
13. This endorsement is effective on at 7`1 at 12101 A.M. and forms a part of,Policy
Number
I, arrP7 7C (prim 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,T do so bind the Company.,
Executed0 �_r
Signature of Authorized Representative
(Original signature only; no facsimile signature or initialed signature
accepted)
Phone No.: 14 ) g 3 r- L C 3
Page D-48
• •
verifying the license status of any person or contractor and the board failed to respond to the inquiry within
three business days. For purposes of this section, a telephone response by the board shall be deemed
sufficient.
Public Contract Code §20103.5:
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 pre-qualification 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.:S?6 Z�'V Class: A II e Expiration Date: 000/0
Date: v/x/09
•
Page D-52
S
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW
REQUIREMENTS
]Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861,3700]
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the
Following provisions of California law:
1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7,
Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the
awarding public agency("Agency") and agrees to be bound by all the provisions thereof as though set forth
in full herein.
2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which
requires the payment of travel and subsistence payments to each worker needed to execute the work to the
extent required by law.
3. 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 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 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 774/09 Signature / �:.
•
Page D-54
•
INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND
WAIVER OF SUBROGATION AND CONTRIBUTION
TITLE OF PROJECT OR WORK: 2009 Annual Concrete Repair Program, CIP#
ST0912.
Indemnitor(s) (list all names):
awm,j7 L. aat oc e
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 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 coverage which may have
been required under the Agreement or any additional insured endorsements which may extend to
Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all
rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties,
from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on
behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by
the Indemnitees. In the event there is more than one person or entity named in the Agreement as an
Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint
and several.
"Indenmitor"
Name ,o6€1,9440 2 5,�at &/ . Name:
11
B . Aim-Isar By:
Its
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