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HomeMy WebLinkAboutAGMT - FS Construction (FY03-04 Sidewalk/Curb/Gutter Rehab)n. PLEASE CQMPLEi E THIS INFORMATION. RECORDING REQUESTED BY: County Recorded in Official Records, orange Tam Daly, Clerk- Recorder !Illilll! 111111!! Illlllllllllllllilllll! Illilllllllllllllllllllllllllllllll NO FEE AND WHEN RECORDED MAIL O: 2004000796420 03:48pm 0910110 L ' 213 110 R28 3 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 I Ala THIS SPACE FOR RECORDER S USE ONLY 3 (Please fill in document title(s) on this line) NUMBER 5263 COMPLETION — PROJECT # 50178 — ANNUAL CONCRETE REHABILITATION THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Form #R25 I 1 . RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #50178 THE ANNUAL CONCRETE REHABILITATION ENTERED INTO BETWEEN CITY OF SEAL BEACH AND FS CONSTRUCTION WHEREAS, on April 26, 2004, City of Seal Beach entered into a contract with FS Construction. WHEREAS, the City Engineer has determined that the work has been substantially completed in accordance with the contract documents. NOW, THEREFORE, THE CITY COUNCIL OF ;THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the work required to be performed by said Contractor has been completed. Section 2. That the total cost of said work is in the amount of $88,630.00. Section 3. That the work is hereby accepted and approved. Section 4. It is further ordered that a "Notice ,of Completion ", Exhibit A, be filed on behalf of the City in the Office of the Orange County Recorder within 10 days of the date of this resolution. PASSED, APPROVED AND ADAPTED by the City Council the City of Seal Beach at a meeting thereof held on the day of 2004 by the following vote: AYES: Councilmembers NOES: Councilmembers 0 ABSENT: Councilmembers Mayor ATT ST: ity Jerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution is an original copy of Resolution Number a!r on file in the Office of the City Clerk, passed, approvedgnd adopted by t tT City Council of the City of Seal Beach at a meeting thereof held on the day of , 2004. City Clerk I RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 8 th Street Seal Beach, CA 90740 Space of above this line for Recorder's use. * ** No Recording Fee Pursuant to Government Code Section 6103, 27383 * * ** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach 3. The address of the owner is: City of Seal Beach, 2118 1h Street, Seal Beach, CA 90740 4. The nature of the interest or estate of the owner is; In fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter describe as completed on July 7, 2004 The work was: Annual Concrete Rehabilitation FY 03/04 Project No. 50178 6. The name of the contractor, if any, for such of improvement was: FS Construction. The date of the Contract was: April 26, 2004. 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: Annual Concrete Rehabilitation FY 03/04 Project No. 50178 Date: Sign ure of owner or corporate officer of owner named in paragraph 2 or his agent. DEPUTY CITY ENGINEER VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on QJ , 20 b 4 lat S each, California. (Date of Signature) " of Public Works Exhibit A • PUBLIC WORKS CONTRACT Sidewalk,Curb& Gutter Rehabilitation,FY 2003/2004 For the following project named .J I CJI k Curb QJ+�" I F��'1 i t l��i1Yv� Fy 03/01 ,in the City of Seal Beach. ' /f THIS AGREEMENT, made and entered into this 024 1 day of 40,6Q/L. 20!, by and -between the City of Seal Beach, California, hereinafter referred to as the "CITY," Party of the First Part, and Fpf eeil/A/12 -17" hereinafter designated as the"CONTRACTOR,"Party of the Second Part. WITNES SETH: That the Parties do hereto mutually agree as follows: ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said CITY, the CONTRACTOR agrees with said CITY to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in the Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be furnished by the CITY), and to do everything required by this Agreement and the said Specifications, Drawings,and Contract Documents. ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary works or structures, tools and equipment and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid,or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by said CITY, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be borne by the said CITY and faithfully completing the work and the whole thereof, in the manner shown and described in the said Drawings, Specifications, and Contract. Documents and in accordance with the requirements of the Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal. ARTICLE Ill. The CITY hereby promises and agrees with said CONTRACTOR to employ and does hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid,and hereby contracts to pay the same,at the time,in the manner and upon the conditions set forth in the Specifications and Contract Documents,and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made a part of this Agreement. ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE VI. By my signature hereunder,as CONTRACTOR,I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provisions before commencing the performance of the work of this contract. 3 • I:OOK 10F 1 CONTRACT DOCUMENTS 1 DOCUMENTS TO SUBMIT UPON AWARD: 1 -PUBLIC WORKS CONTRACT 3 PERFORMANCE BOND 5 INDEMNIFICATION AND HOLD HARMLESS • GREEMENTAND WAIVER OF SUBROGATION AND CONTRI: ` TION 9 AGREEMENT TO COMPLY WITHCALIFO IA LABOR LAW REQUIREMENTS 10 STATEMENT ACKNOWLEDGING PE AL AND CIVIL PENALTIES CONCERNING THE CONTRACTOR' LICENSING LAWS 11 INSURANCE REQUIREMENTS 13 WORKER'S COMPENSATION C ERTIFICATE OF INSURANCE 15 ADDITIONAL INSURED E •ORSEMENT COMPREHENSIVE GENERAL LIABILITY 16 ADDITIONAL INSURE 5 ENDORSEMENT AUTOMOBILE LIABILITY 18 ADDITIONAL INS /RED ENDORSEMENT EXCESS LIABILITY 20 IN WITNESS WHEREOF: The Parties hereto have causee this contract to be executed the day and year first above written. CITY 0 S :EACH, r • IFORNIA Party . e • t P. -t BY • b City M. �ger s . I,, i' =/ Clerk BY 4 r,C r ry COLT CTOR-P�lty of the Second Part �WKt� Title 336,8 A W r,,vL . Sy t.,�ar C/A Ci 13 92_ Address Q 4 • • • Bond No. Bond Premium PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: I -WHEREAS the City of Seal Beach,has awarded (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. - NOW,THEREFORE,we,the undersigned Principal,and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Dollars ($ ), 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 thereunder, or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby waive notice of any such change, extension of time, alteration, addition,or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and 5 • • Contract or to the work or to the specifications thereunder. Surety hereby waiv-: the provisions of California Civil Code§§ 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument .`ach of which shall for all purposes be deemed an original hereof, have been duly executed by Princip, and Surety, on the date set forth below, the name of each corporate party being hereto affixed and '`se presents duly signed by its undersigned representative(s)pursuant to authority of its governing body ' V Dated: ' -"Principal" "Surety" i By: Its ' Its By: ," By: • • Its Its (Seal) (Seal) Note: This bond must be s- ted, all signatures must be notarized, and • .evidence of the authority of any person signing as attorney-in-fact must be attached. • 8 • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF • SUBROGATION AND CONTRIBUTION TITLE OF PROJECT OR WORK: .5 i dk'tAid - C of b illaffer /1 c'AQ Indemnitor(s)(list all names): �y 02/aJ f5 Co,' ..s • 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 indenmity 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. "Indemnitor" Name ,S co a1$r G7 tJ Name: By: ° < •Q t—t�rrrsj wvt'� By: Its Its 9 • • AGREEMENT TO COMPLY WITHCALIFORNIA 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." /� P q - Z`] D -�I 1�t�rraj Date y Signature 10 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 therefor, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not-less than 10 days nor more than six months,or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his 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 11 • 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. -- C S Expiration date: c' 30..O6 License no.: 77 7 1 Z� Class: /4 p Date £— 30.-J if Signature - 6_"'7 ' 'e-r/z.., 12 • • INSURANCE REQUIREMENTS FOR CITY OF SEAL BEACH PUBLIC WORKS CONTRACT LIABILITY LNSURANCE The Contractor shall at all times during the terms of the Contract carry,maintain,and keep in full force and -effect a policy or policies of comprehensive general liability insurance in which the City, along with its City Council and each member thereof,and every officer, official, agent, attorney,,employee or volunteer of the City, is the named insured or is named as an additional insured with the Contractor in accordance with the General Provisions. The insurance company issuing such policy(ies) must be acceptable to, and approved by, the City Engineer and City Attorney. Contractor shall maintain limits of no less than One Million Dollars($1,000,000)combined single limit coverage per occurrence for personal injury or death or property loss or damage which may arise from or relate directly or indirectly to the acts, operations or omissions of the performance of the Contractor and/or its subcontractors and/or the employees, agents, officers,officials or volunteers of either,in the performance of this Public Works Contract. Such insurance shall include coverage for all automobiles utilized by Contractor's or any subcontractor's employees or agents in the performance of the Contract. Contractor shall also provide an endorsement in the forms included in Book II. 13 • • • Bond No. 66112247 Bond Premium $1.275.09 PREMIUM BASED ON FINAL CONTRACT PRICE PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded FS CONSTRUCTION 13368 ALDERGROVE STREET,SYLMAR,CA 91342 (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: IDEWALK,CURB&GUTTER REHABILITATION,FY 2003/2004 WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract TOW THEREFORE we,the undersigned Principal,and LINCOLN GENERAL INSURANCE COMPANY 232312 PERALTA DRIVE,SUITE,222, LAGUNA HILLS,CA 92653 (Name and address of Surety) ("Surety")a duly admitted surety insurer under the laws of the State of California,as Surety, are held and firmly bound unto the Public Agency in the penal sum of FORTY NINE THOU AND SFVFN 141 N I AND NO/100 Dollars ($ 49.700.00 ), 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 thereunder, or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby waive notice of any such change,extension of time,alteration,addition,or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF,two(2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and 5 • • Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: "Principal" "Surety" FS CONSTRUCTION LINCOLN GENERAL INSURANCE C• 'PANY x14 Ft .By. Jw►1.4. By. Its Its YUNG T. ULLICK ATTO 7 'EY-IN-FACT By: By: ', -- Its w (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. • 6 • • CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF California ) COUNTY OF Orange ) On 4 k)C4 before me, Jennifer C. Giboney NAME OF NOTARY PUBLIC personally appeared, Yang T Mpllick personally known to me (or proven 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. WITNESS my hand and official seal. • JENNIFER C.GIBONEY n COMM.#I470955 • Notary Public California p ORANGE COUNTY My Comm.Expires February 17,2008 J ��cmeo 'vsxse�es NA.0.0,1t.t6 .Wri\ (SEAL) NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION: TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT • • Bond No. 66112248 Bond Premium INCLUDED IN PERFORMANCE BOND PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach has awarded to FS CONSTRUCTION 13368 ALDERGROVE STREET,Beach, CA 91342 _ (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: SIDEWALK,CURB&GUTTER REHABILITATION.FY 2003/2004 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 LINCOLN GENERAL INSURANCE COMPANY 2323'1 PERALTA DRIVE,SUITE 222,LAGUNA HILLS,CA 92653 (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 NINE THOUSAND SEVEN HUNDRED AND NO/100 Dollars(S 49.700.00 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 7 • • Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code§§2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof,have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: •"Principal' "Surety" FS CONSTRUCTION LINCOLN GENERAL INSURANCE COMPANY a. U • By: OW tn.+-T By: Its LICK By: By: • - , 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. • • 8 • CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT STATE OF California ) COUNTY OF Orange ) On ,C}I film* before me, Jennifer C. Giboney NAME OF NOTARY PUBLIC personally appeared, Yiing T Miillirk personally known to me(or proven 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. JENNIFER C.GIBONEY WITNESS my hand and official seal. N .J COMM.#I470955 Notary Public California a ORANGE COUNTY °: ••• MY Comm.Expires February l7,2008 I,0 &Atbt■O'ki (SEAL) NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION: TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT • LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Lincoln General Insurance Company,organized and existing by virtue.of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and anpornt: Yung T. Munick, James W. Moilanen, Jennifer C. Giboney its true and lawful attomey(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other obligatory instruments of similar nature in an amount not to exceed Three Million Dollars(53,000,000)and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4th day of September,2002. RESOLVED that the President,an Executive or Senior Vice President,or any Vice President of the Company,together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as Anomey(s)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying. IN WITNESS WHEREOF,Lincoln General Insurance Company has caused its corpora - -a to be a'ixed, .. these presents to be signed by its duly authorized officers this 4th day$f+ tnrnk 2002. �� Attest: Alf Aef ��.' �pORATES '•'�'O ���L�Gary J. do. Se tary — :Sn= inhojwani,Presid t 1977 :0 The Commonwealth of Pennsylvania =j: ;0 York County p• A$ —" �P y' r% �NSYINO :1,4" On this 4th day of September,2002,before md' onall1cam• C. Bhojwani,to me known, who being duly sworn, did depose and say:that he is the President of the CorpaSkiviwifilpactillgd in and which executed the above instrument:that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company;and that he executed the said instrument by like order and authority and the same was his free act and deed. Notarial Seal The Commonwealth of Pennsylvania Cathenne Mane Loose,Notary- , York County Springettsbury Twp.,York C• � f 41 i My Commission Expires June 1 swot - Notary Pubhlir 1, Gary Orndorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the oigi al d "izi the said Power o- itr_ a:... saris i uwcr Ur Attorney is still in full force and effect and has not been revoked; and funherniore that me Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the sea]of said Company,at York,Pennsylvania, this 27 day of APRIL , 2004 \\`��dtttluutrlUU� V INS ..ft • �ORAT£S, C�% - J. s ado% Secretary• _ Z 1977 :o= 04/28/2084 14:31 8182858487 BRILLIANT INS PAGE 03/03 rollry Number. Date Entered: 4/28/2004 ACORD, CERTIFIC E OF LIABILITY INSURA E I GATE MWDON " PRODIN:BN Brilliant Insurance Services 4/28/2004 Sr 11 ant Ina Hind., Suite 418 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Sherman 530 Oaks Bl 91403 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, (810)285-9484 - INSURERS AFFORDING COVERAGE NAIL R NslNmu B.S. Construction INSURER kldt. Hawley insurance co. Angel Fierros INSURERS:Cantu 1Pational TnsBiranca Co. _ 13368 Aldo, Crone St. NSURER0:Granite State Denims= MG) Sylmar, CA 91342 INSURER D:United Weti0eal Group INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING MAY PERTAIN,THE INSURANCE Ar ORDDED OF ANY CONTRACT L S DDESUIIIBEV HEREIN ER SUBJECRESPECT L THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.AGGREGATE UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSAOL POLICY EP-_ POLICY NUMBER e... u I �I aMOYYOb1 LEINE X GENERAL NABIITY EACH OCCURRENCE $1,000,000 A COMMERCIAL GENERAL LNBILIT/ =01313515 1/13/2004 1/13/2005 PR rtsb— $50,00r-- ICtAIMSMADE ix OCCUR NIRO (P(Any aepatøs l s 5.000 PEERSONAL4Aml UR, S 1,000,000 • GENERAL AGGREGATE S 2,000,000 LGCML AGQAECATC UMR APPu68 Pell. PRODUCTS.COMPA7P AGG s 1 r 000,000 . POLICY n PRO LOC s XAUTOMOBILE UAELRY cUMBINED SINGLE LIMIT s 1,000,000 ANY AUTO 8AP0129619 8/26/2004 0/26/2005 cue ) ALL OWNED AUTOS BDOILYIIJURY (Pe RITHANULEO A/TOE I ,Poem) HIRED AUTOS INJURY NONdwNED AUTOS (pa Y f Comp/Colliaon PROPERTY DAMAGE ..-�_ (Par aeOON I) GARAGE AUTO ONLY•EA ACCIDENT = H ANY AUTO —� OTHER THAN EA ACC s AUTO ONLY AGO s IIMOSeuMSNELWMABS,ITY CU0082110 1/29/2004 1/29/2005 EACH OCCURRENCE •1,000,000 ZIOCCUR CLAIMS MADE AGGREGATE $1,000,000 f DEDUCTIBLE _ s I X RETENTION 110,000 memo cONPENDATION ARO /V T+pE;TIM] 1 ER EMPLOYERS GAMUT` 1,000,000 C ANY PROPRIETORPARTNERIEXECUTIVE WC 075-73-05 5/20/2004 5/28/2005 EL EACH ACCIDENT _ f OFFICERIMEIOER6rtCL41pE0? E.L.DISEASE.EAEMPLOYEE s 1,000,000 eyye�� � 1 Ob0 000 SPEGAL PROVIBIDNSeelew EL.DISEASE•POLICYUMR f , , OTHER DESCRIPIIDN OF OPERATIONS/LOCATIONS/VEHICLES I EXCW910NS ADDED sr ENDORSEMENT'/SPECIAL PROVISIONS The certificate holder is an additional insured. CERTIFICATE HOLDER CANCELLATION ammo ANY OF THE ASIOVB DBSCTBBED POLICES BE CANCELLED BEFORE THE EXPIRA110N Diraotor Of Public Turks DATE THEREOF,THE WARNS INSURER WILL ENDEAVOR TO Men.30 naY4 WRITTSN City of Beal beaoll NOTICE TO ma CERTIFICATE HOLDER NAMED TO THE LEFT.OUT FAB.URE TO DO SO SHALL Ali 8th Street IMPOSE ND OBLIGATION OR MAMMY OF ANY RIND UPON THE INSURER,ITS AOSIITS OR Seal Beach, CA 90740 REPREaoIYARVCO. AUTHORBaD RE - 41110r. ACORD 08(2001/09) 10 ACORD co �1988 PROOF OF PUBLICAT• ION This space is for the County (2015.5 C.C.P.) Clerk's Filing Stamp STATE OF CALIFORNIA, County of Orange - I am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen Proof of Publication of years, and not a party to or inter- - - tract Cale section 20172,except-, NOTICE INVITING SEALED..,., as otherwise provided in Public ested in the above-entitled matter. BIDS Contract Code section§20174. NOTICE IS HEREBY GIVEN All work shall be'completed am the principal clerk of the printer Sealed proposals for the work within 20 working days follow- shown on the plans entitled:FY ing the date specified in the writ- of the SEAL BEACH SUN a 03-04 Sidewalk,Curb,&Gutter i ten notice to proceed from the i r Rehabilitation, Project No:, 50178 in City of Seal Beach will Pursuant to Section§1770 newspaper of general circulation, be received at the Office of the et.seq.of the Labor Code of the ' City Clerk of the City,of Seal 1 State of California,the Director printed and published weekly in the Beach,211 Eighth Street Seal of the Department of Industrial Beach,CA 90740 until 10AM omt Relations.has determined the , City of Seal Beach, County of Thursday,April 15,2004,at Vgeneral prevailing rate Of wages) which time they will be publicly' applicable to the work to be done. opened and read. Orange and which newspaper has All bid proposals shall be made whrshateand scale'are Works, on the proposal I with the copies wort mad avail-, been adjudged a newspaper of by the Citty°andPa ed,togieherr ' and to any inil remadeay on' with the accompanying docu- 1 able is any interested party on in request.contract awarder ta whom I general circulation by the Superior ments and marked ide sealed subcontractors contract rsunder him must package marked outside with the I•subcn tractors under him must i Court of the County of Orange, State title of the project and"SEALED pay not less than these rates to' BID FOR THE CITY OF SEAL ; all workers employed in the exe- of California, under the date of BEACH"-DO NOT OPEN WITH cution'of this contract. REGULAR MAIL"and addressed At the time of the award of 2/24/75. Case Number A82583; that to the City Clerk at the above the contract,the successful bid-, r address in a sealed envelope. der shall possess a valid con- . All bid proposals must com- tractors license,and shall corn- the notice of which the annexed is a ply with the requirements con- ply with any applicable City. tamed in this Notice and oin the requirements concerning con- printed copy (set in type not smaller specifications and other contract tractor qualifications-Submis- documents.All bids in apparent sion of a bid by a bidder without than nonpareil), has been published compliance with such require- ' a license subjects the bidder to ments shall be opened and pub- , civil penalties pursuant to Busi- In each re ular and entire issue of licly read aloud at the above-stat- ' ness&Professions Code sec-; g ed time at the place of bid receipt II tion§7028.15.The bidder must identified above. I possess a Class C-8 or A Con- said newspaper and not in any The Contractor shall furnish tractor License.No contract will all necessary materials,labor, ,I be awarded to any bidder who supplement thereof on the following equipment and other incidental is not a properly licensed Cali-I and appurtenant work necessary I fomia contractor as required by I dates, to-wit: or the proper count action of this he California Business end Pro- project,including but not limited I fessions Code. to replacing portions of deterio- 00 of the Public for in section' rated concrete.along r the road-d-t j Code, Of the Public Contracts way,improving the drainage and! Code,the Contractor may sub- -standing water along the curb solute securities for any monies l all in the year 2004. line,updating curb access ramps, withheld by the City to ensure curbs,�wh which may consist lof e PedThe Contractor shall not begun. to 12"of concrete,replacing side-' work under the Agreement until I certify (or declare) under penalt of Walk in Front of existing tree it has given the City evidence of y pavers by removing the uplifted comprehensive public liability sidewalk adjacent to the tree, in perjury and Workers'that the foregoing is true and pruning the roots and replacing nation Insurance cove age togeth- the section with brick pavers. er with additional Insured Correct. DOCUMENTS: 'i Contractor shall also furnish 21 Contract documents for the. bonds required by the State Con above-referenced project may 'tract Act.Each of the said bonds' Dated at Seal Beach CA be obtained at the Office of the shall be executed in a sum equal ��yv r 0 Ciry Engineer,211 Eighth Street, .._to the contract price.One of the 26 day of (/M� 2004. Seal Beach CA,fora non-refund-II ssaid_bonds shall guarantee the this able fee of$30,or$40 if mailed. , faithful performance of the said I No bid proposal will be received contract by the Contractor,and 1 I unless it is made on the official :1 the other said bond shall secure I /. , v'P i/i7//`1 n 1 ' proposal forms furnished by the -the payment of claims for labor /� A - u ' , City,is accompanied by an exe-' and material. iv. 1 ` cuted Non-Collusion Affidavit The City reserves the right to Signature 1 l and is accompanied by cash,a I reject any or all bids or any pads 1 ,,fl certified or cashier's check 1 thereof,and to waive any irreg- PUBLI ATION PROCESSED BY: 0 payable to the City or a satin- , bid or informalities in any factory bidder's bond in favor of'I bid or in the bidding,and to make THE SEAL BEACH SUN 0 1 i the City executed by the bidder 'awards in all or part in the best 11� as principal and a satisfactory ff interests of the City. 216 Main Street surety company as surety,in an WITHDRAWAL OF BID: •�J amount not less than 10%of the I No bidder may withdraw his bid amount,as provided in Pub-I' bid for a period of 60 days after Seal Beach, CA 90740 tic Contract Code secton ,,.the date set for the opening of et.seq.Should the bidder dder to to bids. (562) 430-7555 l whom the contract is ject co awarded'.I CITY OF SEAL BEACH fail to enter into the subject con ` tract such bid security shall be Director of Public Works, ' ' forfeited pursuant to Public Con- Seal Beach Sun 3/25/2004.