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HomeMy WebLinkAboutAGMT - Garcia Juarez Construction Inc. (Fire Station 48) AN AGREEMENT FOR TEMPORARY FIRE STATION NO. 48 WATER AND SEWER LINE INSTALLATION BG0903 between p _SE i.. `��pAPOAgT ., rp; °4 f — r s P ... -.q 21. \at .. �NTY ; �P� City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Garcia Juarez Construction, Inc. P.O. Box 309 Brea CA 92822 -0309 THIS AGREEMENT is made and entered into this rat day of December, 2008 by and between the City of Seal Beach, a California charter city ( "City "), and Garcia Juarez Construction, Inc., a California Corporation ( "Contractor "). • 1 57296- 0200 \1073470v7.doc e • • • RECITALS WHEREAS, the City Engineer has approved the plans and specifications for the TEMPORARY FIRE STATION NO. 48 WATER AND SEWER LINE INSTALLATION ( "Project "); WHEREAS, Contractor has submitted a proposal to City for the Project dated December 16, 2008. 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 1. Contractor's Services. 1.1 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. 1.2 Contract Documents. The "Contract Documents" that comprise the agreement between the City and the Contractor are the: Accepted Proposal, Standard Specifications for Public Works Construction, latest edition and documents referenced therein, 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. 1.3 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. 1.4 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. 2. Effective Date. This Agreement is effective as of Deerylp{ k ((a 'ytt$(the `Effective Date "), and shall remain in full force and effect until Contractor has rend the services required by this Agreement. 3. 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 Contractors Proposal date December 16, 2008. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, 2 S7296- 0200 \1073470v7.doc • • 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. 4. Contractor's Personnel. 4.1 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 to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 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. 4.3 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. 4.4 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. 4.5 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. 5. Indemnification. 5.1 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 3 57296- 0200 \1073470v7.doc 4 arising out of or incident to the perfoimiance 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 Indenmitees, 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. 5.2 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. 5.3 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. 5.4 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. 6. Insurance. 6.1 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: 6.1.1 Exhibit D -1: Additional Insured Endorsement - Commercial General Liability 6.1.2 Exhibit D -2: Additional Insured Endorsement - Automobile Liability 6.1.3 Exhibit D -3: Additional Insured Endorsement 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 4 S7296- 0200 \1073470v7.doc • • 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.2.4 Professional Liability insurance. Contractor shall provide to City the standard form issued by the carrier. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $1,000,000 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. 6.3.2 Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 6.3.3 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. 6.4 Deductibles and Self - Insured Retentions. Contractor shall inform City of any deductibles or self - insured retentions except with respect to professional liability insurance. 6.5 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.5.1 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. 6.5.2 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. 5 S7296- 0200 \1073470v7.doc • • 6.5.3 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. 6.5.4 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 first class mail has been given to City. 6.5.5 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. 6.6 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. 6.7 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. 7. Liquidated Damages. Should the Contractor fail to complete the project, or any part thereof, within ten (10) working days, 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 $100 per calendar 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. 8. 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. 9. 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 6 57296- 0200 \1073470v7.doc • 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: Garcia Juarez Construction, Inc. P.O. Box 309 Brea CA 92822 -0309 Telephone: 562.984.7340 Fax: 562.984.7341 10. 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. 11. 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. 12. 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. 13. 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 attomeys' fees incurred in connection with such enforcement or interpretation. 7 S7296- 0200\1073470v7.doc • • 14. 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. 15. 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 - s. - ctive authorized representatives, have executed this Agreement as of the date first w ' ten abo 'e. CITY OF SEAL BEACH COs.' • • 4R: c By: �� By. L -- . City Manager Na cc 5 c) • - , Ti Attest: BY: Alga. mot. a t. A s B i ind. Devine, City Clerk .aa acso'` Title: Secr-ale-Lel Approved as to Form: . - . By: Quinn M. Barrow, City Attorney 8 S7296- 0200 \I073470v7.doc CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On Dee-,4909 Iq.2eCe before me, Vienna Linda Galindo,Notary Public (Here insert name and title of the officer) personally appeared Jim Jackson who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. , VIENNALINDAGALINDO • a`' C,ommission.i11569051 my �rra NotaryPuOblic•Californiz Cr WITNESS m hand and official ", � sf� LosAn County ti y fo.:•..:.ru,April 14,2009 (Notary Seal) Signature of Notary Public • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be • properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage S may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California 6.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of Pages Document Date • State and County information must be the State and County where the document B signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) hetshertheyr is lam)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. gl Corporate Officer • The notary seal impression must be clear and photographically reproducible. President /Secretary Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other I Indicate title or type of attached document,number of pages and date. 4 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800.873-9865 www.NotaryClasses.com • • APPENDIX A L CONTRACT DOCUMENTS The following "Contract Documents," shall comprise the entire agreement: A). PRE-AWARD DOCUMENTS • Notice Inviting Bids • Proposal • Standard Specifications for Public Works Construction • General and Special Provisions and documents referenced therein B). AGREEMENT AND ATTACHMENTS • Standard Agreement with the following exhibits: • a. Faithful Performance Bond • b. Payment Bond (Labor and Materials) • c. Worker's Compensation Insurance Certificate • d. Insurance Endorsements • e. Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws • f. Labor Law Requirements C). AMENDMENTS OR ADDENDA II. INSURANCE, INDEMNITY AND LIQUIDATED DAMAGES The Contractor shall carefully read all provisions of the Contract Documents, which require, among other things, insurance, defense and indemnity obligations of the Contractor, and liquidated damages liability. By submitting the Proposal, Contractor warrants and represents that it fully capable and willing to perform its various obligations set forth in the Contract Documents. S7295-0001\1073400v3.doc • • EXHIBIT A FAITHFULL PERFORMANCE BOND Exhibit A, Page 1 57296-0200\1073470v7.doc • • Bond No. 12057591 Bond Premium$200.00 Executed in Two Counterparts • Premium is for contract term and is subject PERFORiVIANCE BOND to adjustment based on final contract price KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded Garcia Juarez Construction, Inc. P.O. Box 309 Brea, CA 92822 (Name and address of Contractor) ("Principal"), a contract(the `Contract") for the work described as follows: Temporary Fire Station No. 48 Water and Sewer Line Installation, Project No. BG0903 WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW,THEREFORE, we,the undersigned Principal, and The Guarantee Company of North America USA -)800 Sutter St., Ste735 Concord, Ca 94520 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Fourteen Thousand Nine Hundred and 00/100 Dollars ($ 14,900.00 ), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal,his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in 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 time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications there under. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated December 19, 2008 • • 'Principal" "Surety" Garcia Juarj;onstruction, Inc. The Guarantee Company of North America USA /II 11 BY■ � By: adI re By: ' By: Will .• rkin,Attorney-in-Fact _ \ . _ r .• Its Its — _ t d (Seal) (Seal) J 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. • • Ji CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California • County of Los Angeles On p/<terrhel Jql 2eo8 before me, Vienna Linda Galindo,Notary Public (Here insert name and title of the officer) personally appeared Jim Jackson who 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. I certify under PENALTY OF'PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. VlUNNA LINDA GALINDO ry ae Commission.41569051 � Notary Public-Caiiforniu WITNESS my hand and offci. . .7.' Los Angeles County ici:Fri.:4m April 14,2009 (Notary Seal) Signature of Notary Public ` • • AD I TIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. cm-tinting the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of Pages Document Date • State and County information must be the State and County where the document 8 signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) hs she/theyr is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. Ig Corporate Officer • The notary seal impression must be clear and photographically reproducible. President /Secretary Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact 4. Additional information is not required but could help to ensure this • ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other 4 Indicate title or type of attached document,number of pages and date. +.• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document • 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �'cr�.�+'.erg'�'�'rc�`.crv�`.cr..rr.�.yer i s emce.�-r-cecs•.cr.,�r-cr'.cccr.�C.cr sic•.crc��.cr-i.;o�,cecrc'��.crcCcc�cr�-.c�'.cs State of California County of Orange ly On 12/19/08 before me, R. Haas-Bates, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ere subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thoir authorized c R. HAAS BATES capacity(ies), and that by his/he&their signature(*on the Vk , . COMM. # 1796169 instrument the person(*, or the entity upon behalf of QE ±g* NOTARY Mile . cA!IFORHh(� which the persons)-acted, executed the instrument. 5 ' �R✓ ORANGE COUILTY pae COMM.EXPPE$APRIL 22. 2012 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature c!i lsL Place Notary Seal Above - Signature of Notary Pudic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name. El Individual ❑ Individual O Corporate Officer—Title(s): ❑Corporate Officer—Title(s): O Partner—F=1 Limited ❑ General TM e G Partner—n Limited Ell General - Psi nz Attorney in Fact ' OF SGNEA_ Attorney in Fact s Top at,hurnb here TOP of ih:.rr;b here • Trustee ❑Trustee • Guardian or Conservator n Guardian or Conservator ▪ Other: L.Other: Signer Is Representing: - Signer Is Representing: -•.or-y.r-rr -re.-or.-..--,.re.•..y,-°•a- °.-. - -.- - • .r..r y s-r—w—s ` ,(,`cQJCOv—@r.00..QCX, ..4, d 62007 Natsonal Noisy Association•9350 De Soto Ave..P.O.Box 2402-Chatsworth,CA 91313.2402•vrmvtlationalNotaiyorg Item x5907 RceMOrCalf Toil-Free 1-800-870-8827 • 111tGCd&ApYfY 011 , THE GUARANTEE COMPANY OF NORTH AMERICA USA IOW,IM Southfield,Michigan POWER OF ATTORNEY `f R KNOW:ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint William Syrkin,Matthew C.Welty Millennium Corporate Solutions,Inc. its true and lawful attomey(s)-in-fad to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other vrtitingsobligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shall be as binding.upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes, as if the same had been duly executed and admowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"day of December,2003. The President,or any Vice President acting with any Secretary or Assistant Secretary,shall iia've Power•andauthority: p appoint y( } Company;and attach the Seal of the Company thereto,bonds 1. T a rat Attome s n-fad,and to authorize them to execute on behalf of the and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,,and. 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent.has been given to'the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31s day of December 2003.of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking, contracts of indemnity and other writings obligatory in the nature thereof,and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 13th day lteta"`\ of November,2007. THE GUARANTEE COMPANY OF NORTH AMERICA USA s` STATE OF MICHIGAN Stephen Dullard,Vice President Randall Musselman,Secretary County of Oakland On this 13th day of November,2007 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee 4s71:'cur Notary Public, State of Michigan Company of North America USA offices the day and year above written. rt` `*' s County of Oakland ' - My Commission Expires February 27, 2012 � ,(-� Acting in Oakland County ITit-�t 444) f , I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which isstili in full force and effect. IN WITINESS WHEREOF,I have(hereunto set my hand and attached the seal of said Company this 19th day of," December r, 2008 � TS a- `a 4 Naje f Randall Musselman,Secretary °°n,a c" • • EXHIBIT B PAYMENT BOND Exhibit B, Page 1 57296-0200 AI 073470v7.doc • Bond No. 12057591 _ Bond Premium Included in Performance Bond Executed in Two Counterparts PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded to Garcia Juarez Construction, Inc. P.O. Box 309 Brea,CA 92822 (Name and address of Contractor) ("Principal"), a contract(the"Contract") for the work described as follows: Temporary Fire Station No. 48 Water and Sewer Line Installation, Project No.BG0903. 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 The Guarantee Company of North America USA 1800 Sutter St., Ste 735 Concord, Ca 94520 (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 Fourteen Thousand Nine Hundred and 00/100 Dollars ($ 14,900.00 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 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 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 WI EREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. ' Dated: December 19,2008 . "Principal" "Surety" Garcia Juarez Construction, Inc. The Guarantee Company of North America USA aS — By' By: // to By ) . , By: in, Attorney-in-Fact .. }_, '-Its: ", is -- /. . ' _ -(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. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles OnP.ece.wher /9, .2coc{ before me, Vienna Linda Galindo, Notary Public (Here insert name and title of the officer) personally appeared Jim Jackson who 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. I certify under PENALTY iF • RJURY under the laws of the State of California that the foregoing paragraph is true and correct. VIENNA LIh4DAGALINDO f =\`• Commission #1569051 - a� ` �� NotaryPublic-California WITNESS my hand and offic.. se. ! F,i,j „tax,);) Les Angeles County Y :; • itlicws.:41mApnl94,2009 Signature of Notary Public (Notary Seal) • • • • r0 DITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Arty acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of Pages Document Date • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which • must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s)who personally appear at the time of • notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(Sl he/she/they-is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. g Corporate Officer • The notary seal impression must be clear and photographically reproducible. President /Secretary Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other 4 Indicate title or type of attached document,number of pages and date. {• Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA vI2.10.07 800-873-9865 www.NotaryClasses.com • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT '•s`r'.ercreree�ecccret.cecr.-rcncrcr-crerc-acteGe<e� reecx State of California County of .Orange J) On 12/19/08 before me, R. Haas-Bates, Notary Public Date Here Insert Name and Title of the O1licer personally appeared William Syrkin Name(s)of Signer(s) who 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 R. HAAS-BATES �r he/shefthey executed the same in his/faer/ttaeir authorized Vi�y _ COMM. #1.796169 F capacity(res), and that by his/hecfttreir signature(s}on the ye�iii±t8• NOTARY PUBd!C-CAtIFO'NI^ O 2 ?3%1RJ ORANGE COUNTY t: instrument the person*,, or the entity upon behalf of EKPf4E5 APRIL 22. 2012 c which the person(s}acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above Signature of ffooTary w OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: __ Number of Pages: Signer(s) Other Than Named Above: —_ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Individual D Individual iD Corporate Officer—Title(s): D Corporate Officer—Title(s): Partner—❑ Limited El General RKatiTtlUM8PR4�T = Partner—❑ Limited General Rlctiin+txngPRwr • Attorney in Fact `"=t OF SIGNER _i Attorney in Fact , ocso:° 'J Trustee TOP of thumb hate 0'Trustee Top of thumb here • Guardian or Conservator Ell Guardian or Conservator • Other: El Other: _ Signer Is Representing: Signer Is Representing: c4`c4'mC--U9EJe(:<..0 -�•.y.r.r•r-r-r _ -a,.w _r . -r v-r-r r — -g._r r-.r..-.--•--r-y.r-s-_ r'r--C.-°-.°.-r----r ©2007 National Notary Associaecn•9350 De Soto Ave..PO.Box 2402-Chatsworth,CA 91313"2102•wwr.P4.lionalhOtary org Item 05907 Reorder_Colt Toll-Free 1-800-870-6827 • • caLi nE THE GUARANTEE COMPANY OF NORTH AMERICA USA zCOMMA Of d ROM 1EU Southfield,Michigan fi�.tdiill Y; G POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS:That 7HE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint William Syrkin,Matthew C.Welty Millennium Corporate Solutions,Inc. its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. • The execution of such instruments)in pursuance of these presents,shall be as binding.upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. • The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held•on the 31"day of December,2003. The President,or any Vice President.acting with any Secretary or Assistant Secretary,shall have powerand authority: 1. Tp appoint Attomey(s)-in-fad,and to authorize them to execute en behalf of the Company,-and attach The Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereot'and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authodty hereby given to the Attorney-in-Fad cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner— Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31"day of December 2003,of which the following is a true excerpt: ' RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,contracts of indemnity and other writings obligatory in the nature thereof,and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA-USA has caused this instrument to be signed and Its corporate seal to be affixed by its authorized officer,this 13th day ,a""' \ of November,2007. :� v �nR Ta THE GUARANTEE COMPANY OF NORTH AMERICA USA s' I STATE OF MICHIGAN Stephen Dullard,Vice President Randall Musselman,Secretary County of Oakland On this 13th day of November,2007 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. >t-, Cynthia A. Takei IN WITNESS WHEREOF.I have hereunto set my hand at The Guarantee r -a7 Notary Public,State of Michigan Company of North America USA offices the day and year above written. 1•.• z County of Oakland My Commission Expires February 27, 2012 • <':>'� Acting in Oakland County J a. �• _4644•/ I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which-is still in full force and effect. IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 19th day of.T'Decembe( - 2008 ...0 R 3T Randall Musselman,Secretary _ amsoer EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS Exhibit E, Page 1 57296-0200A1073470v7.doc • • • STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business &Professions Code § 7028.15] [Public Contract Code § 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): 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 therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104[now § 20103.5] of the Public Contract Code. - (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. 1 • • 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.: Pt ge/C f Class: A Expiration Date: /0/3/2016 Date: 1&c ( / 2003 2 • • EXHIBIT F LABOR LAW REQUIREMENTS Exhibit F, Page 1 57296-0200\1073470v7.doc • • 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 fully comply with the Following provisions of California law: I. 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 • un•ertake self-insurance in accordance with the provisions of that code, and I will comply with su - ••visio before commencing the performance of the work of this contract." CC Date O (g 2.0:2 Signature i - - - i� CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On f)-Pce•&ber 14 loog before me, Vienna Linda Galindo,Notary Public (Here insert name and title of the officer) personally appeared Jim Jackson who 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. I certify under PENALTY OF PE• ••Y under the laws of the State of California that the foregoing paragraph is true and correct. a+ �• , VIENNA LINDAGALINDO Y` , " Commission.#f569U5t VI WITNESS my hand and official se. '' , ?•i' Notary PuG IesCalllcrnia ,�y;'�'%'iYd Los Angeles County "••.,:,,,.• i9p icm:...4ues;yra 14,2009 • Signature of Notary Public (Notary Seal) • ADDI ONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). _ • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/they-is/ace)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. g Corporate Officer • The notary seal impression must be clear and photographically reproducible. President /Secretary Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact • Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. {• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com • 4`° • • GARCIA JUAREZ CONSTRUCTION, INC. P.O. BOX 309—BREA, CA 92822-0309 Phone: (562)984-7340 Fax: (562)984-7341 December 16, 2008 Sent via email: hcheatwood @ci.seal-beach.ca.us City of Seal Beach City Hall 211 Eight Street Seal Beach, CA, 90740 Attention: Mr. Harlin Cheatwood Reference: Leisure World Fire Department Sewer Connection Dear Mr. Cheatwood, Garcia Juarez Construction, Inc (GJC) is pleased to provide the City of Seal Beach, with the following cost proposal for the sewer connection project at Leisure World Seal Beach. Scope of Work: Connect to existing sewer per City of Seal Beach Standards; Construct 75' of 6" VCP sewer lateral with 2 clean outs per City Standards and provided drawing; Provide approximately 60' of 1" Schedule 80 waterline in same trench; Restore street and sidewalk per City Standards; To be constructed in accordance with instructions and drawings in a workmanlike manner for the lump sum of: $14,900.00. Please note the following exclusions: • Survey and construction staking • All unmarked utilities • All permits • Video of sewer lateral If you should have any questions, please do not hesitate to call at your earliest convenience. Sincerely, /s/ Raffle Yeremian Project Manager Accepted By: Date: Print: DATE (MM/DD/YYYY) ACORD M. CERTIFICA• OF LIABILITY INSURAN(i 12/19/2008 PRODUCER Phone: 877 - 587 - 4999 Fax: (877) 373 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BACCARELLA INSURANCE SERVICES, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6864 INDIANA AVE. # 201 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR RIVERSIDE CA 92506 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: National Union Fire Ins. Co GARCIA JUAREZ CO., INC INSURER B: American Home Assurance P.O BOX 309 INSURER C: Admiral Insurance Company BREA CA 92822 - 0309 INSURER D: Majestic Insurance Company INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ApD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSR[ DART IMM/DD/YYI DATE IMMIODry1'1 GENERAL LIABILITY GL4882879 12/03/08 12/03 /09 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 PREMISES (Ea occuvee) _ CLAIMS MADE © OCCUR MED. EXP (Any one person) $ 5,000 A PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG. $ 2,000,000 PRO- pi POLICY ! ! IFCT I ' LOC $ 1,000,000 AUTOMOBILE LIABILITY CA4882471 12/03/08 12/03/09 X ANY AUTO (Ea acddeD SINGLE LIMIT $ 1,000,000 ALL OWNED AUTOS BODILY INJURY — SCHEDULED AUTOS (Per person) $ — B X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ — (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY EX00000921203 12/03/08 12/03 /09 EACH OCCURRENCE $ 4,000,000 I OCCUR ITI CLAIMS MADE AGGREGATE $ 4,000,000 C $ DEDUCTIBLE _ $ RETENTION $ WORKERS COMPENSATION AND C20080661001 12/04/08 12/04/09 X ITOBV 1 ! OTHER EMPLOYERS' LIABILITY D ANY PROPRIETORIPARTNERIE %ECUTNE E.L. EACH ACCIDENT $ 1,0,00 „000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE-EA EMPLOYEE $ 1,0,00 „000 II yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,0,00 „000 OTHER: DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS SEE SUPPLEMENTAL CERTIFICATE INFORMATION CERTIFICATE HOLDER CANCELLATION CITY OF SEAL BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY HALL EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 211 EIGHT STREET DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS SEAL BEACH, CA 90740 AGENTS OR REPRESENTATIVES. / AUTHORIZED REPRESENTATIVE 7� Attention: hcheatwood @ci.seaI- beach,ca.us 6 // 9",±--_,0 i. b Vantl�� ACORD 25 (2001/08) Certificate # 53742 © ACORD CORPORATION 1988