HomeMy WebLinkAboutAGMT - G2 Construction (2008 Concrete Repair)This Document w ^s electronically recorded by
I_ Cert Mail A
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
211 8` Street
Seal Beach, CA 90740
Recorded in Official Records, Orange County
Tom Daly, Clerk- Recorder
111111111111111111111111111111111111111111111111111111111111111 NO FEE
2008000570217 09:25am 12/11/08
213 92 N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
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: 211 8 in Street, Seal Beach, CA 90740
4. The nature of interest or estate of the owner is: In - Fee. A work of improvement on the
property hereinafter is described as substantially completed on October 15, 2008 The work
was Annual Concrete Repair #50246.
5. The name of the contractor, if any, for such improvement was: G2 Construction, Inc. The
date of the Contract Award was: May 27, 2008.
6. The property on which said work of improvement was completed in the City of Seal Beach,
County of Orange, State of California, and is described as follows: Various sidewalks, curb,
gutter, & driveways, Seal Beach, California 90740.
Date: 0 7
iZe,
Signature of owner or corporate officer of-owner
named in paragraph 2 or his agent.
VERIFICATION
I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of
completion; have read said notice of completion and know the contents thereof; the same is true
of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed - on - 1-1-- 9 , 2008, Seal Beach - . i ornia.
(Date of Signature)
irector of Public Works
•
PUBLIC WORKS CONTRACT
For the following project named 1008 CONCRETE REPAIR PROGRAM, in the City of Seal Beach.
THIS AGREEMENT, made and entered into this e•-t
•5 day of '(1 . 20�by and between the City of Seal Beach,
California, hereinafter referred to as the "CITY," Party of the First Part, and o
(a 2 CON Stl- uo77 , tW
hereinafter designated as the "CONTRACTOR," Party of the Second Part. •
WITNESSETH: 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, thereforc, to famish at his own
proper cost and expense all tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be
famished by the CITY), and to do everything required by this Agreement and the said Specifications, Drawings, and Contract
Documents.
ARTICLE U. For furnishing all said materials and labor, famishing and removing all plant, tcmporary works or structures, tools and
equipment and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature
of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the
prosecution of the work until its acceptance by said CITY, and for all risks of every description connected with the work; also for all
expenses incurred by or in consequence of the suspension or discontinuance of work; except such as in the said Specifications are
expressly stipulated to be borne by the said CITY and faithfully completing the work and the whole thereof in the manner shown and
described in the said Drawings, Specifications, and Contract Documents and in accordance with the requirements of the Engineer, said
CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the unit prices and the lump sum prices named
in the Schedule of Work Items of the Proposal.
ARTICLE III. The CITY hereby promises and agrees with said CONTRACTOR to employ and does hereby employ said
CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to for
the price aforesaid, and hereby contracts to pay the same, at the time, in the manner and upon the conditions set forth in the
Specifications and Contract Documents, and the said parties for themselves, their heirs, executors, administrators, successors and
assigns, do hereby agree to the full performance of the covenants herein contained.
• ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned therein, and all addenda
issued by the CITY with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made a part of this
Agreement.
ARTICLE V. By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self - insurance in
accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work
of this contract.
IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above written.
CITY OF SEAL BEACH, CALIFORNIA
Party of the First Part
BY �� •
City Manager
ATTEST:
/Lb t.1 ij/ vU
City Clerk BY • '
• i CONTRA• OR - Party o • econd Part
Title
Address
•
•
•
Page D -29
from: ulnae elloparuolo At: Strachota Insurance Agency FaxID: To: G2 Construction Inc. Date: 6/13/2008 04:00 PM Page: 2 of 5
ACORD, CERTIFICA OF LIABILITY INSURANCP OP ID vc DATE(MMIDDIYYYYI
G2CON -1 06/13/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOA
Strachota Insurance Agency Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
California License #0249673 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
93500 Ridge Park Drive #203 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Temecula CA 92590
Phone: 951- 676 -2229 Fax:951- 676 -7391 INSURERS AFFORDING COVERAGE NAIC #
INSURED POURER/I: Liberty Surplus Ins
ENSURER 3
G2 Construction Inc. • INSURER
13331 Garden Grave Blvd Ste H INSURER
Garden Grove CA 92843
ENSURER 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 CONDRION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREW IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS.
INS* AUDI- POUCY EFFECTIVE POLICTEXPIRATION
-
LTRINSRE TYPE OF INSURANCE POLICY NUMBER DATEIMMIDDIYY) CATE(MINODIYY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1000000
A X X COMMERCIAL GENERAL LIABILITY LAGL207338018 02/25/08 02/25/09 P p AISES OHVIItll
(Ts ocpllenrG) $ 50000
CLAMS MADE X ICCCUR MED EXP(My cue omen) $5000
PERSONAL &ADV INJURY 51000000
GENERAL AGGREGATE 52000000
GENL AGGREGATE LIMIT APPUESPER: PRODUCTS - COMP/OPAGG 51000000
7 PCLICY n J LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
ANY AUTO (Ea acddon)
._. .. _
ALL OWNED AUTOS - _ .. _._. _ ... .. -
. . _ ..
-- BODILY INJURY $. ..
SCHEDULED _ Per parse)
C-0
HIRED AUTOS
BODILY INJURY $
NON -CWNEED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $
ANY AUTO
OTHER THAN EA ACC 5
AUTO ONLY: AGO 5
EXCESSNMERELLA LIABILITY • EACH OCCURRENCE $
7 OCCUR J CLNMS MADE AGGREGATE $
DEDUCTIBLE
RETENTION $ 5
WORKERS COMPENSATION AND LUt. SIAI U- UfH-
EMPLOYERSLIAB&RY TORY LPRIS I ER
ANY PROPRIETORIPAP.TNEThm(ECUTNE E L EACH ACCIDENT 5
OFFICER/MD/DER EXCLUDED?
Ifyes drscrte udder
EL DISEASE -EA EMPLOYEE $
S PECIAL PRO'NSIOMS btu EL DISEASE- POLICY LFr1R S
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS
(cont) agents, employees, and volunteers are additional insureds (primary)
as respects to general liability per attached CGL10310403 endorsement.
Waiver of subrogation is included per GCL1025103. RE: ST0804 annual •
concrete repair program various locations. FOR NON PAY THEN 10 DAYS.
CERTIFICATE HOLDER CANCELLATION
•
CITYSEA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BECANCELLED BEFORE THE EXPIRATION
GATE THEREOF, PIE ISSUING INSURER WILL ENDEAVOR TO MAIL 301* DAYS WRITTEN
City of Seal Beach its elected NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Officials, officers, attorneys IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR
Director of Public Works
211 8th Street 2nd Floor REPRESENTATNES.
Seal Beach CA 90740 T T=ED RErg(ES r Tn
ACORD 25 (2001/08) LY ACORD CORPORATION 1988
BOND PREMIUM IS SUBJECT TO CHANGE BASED IIPPNAL CONTRACT PRICE •
BOND ISSUED IN TRIPLICATE
•
Bond No. 4368756 Bond Premium $1,948.00
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarded
G2 CONSTRUCTION, INC.
13331 GARDEN GROVE BLVD., STE. H
GARDEN GROVE, CA 92843
(Name and address of Contractor)
("Principal "), a contract (the "Contract ") for the work described as follows:
Slurry Seal. Specification No ST0804
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
SURETEC INSURANCE COMPANY
3033 5TH AVE., STE. 300
SAN DIEGO, CA 92103
(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 SEVENTY -SEVEN THOUSAND NINE HUNDRED
TWENTY -FIVE AND 01100
Dollars (5 77,925.00 ), 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. 114 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
Page D-31
• - •
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"
G2 CONSTRUCTION, INC. SURETEC INSURANCE COMPANY
Ai Al/ . /
B . By: /:
is 7 6s1 /J� . 4 ---- . Its -
By: By: YUNG T. M.S. ICK, ATTORNEY - -FACT
Its Its
(Seal) (Seal)
Note: This bond must be dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney -in -fact must be
attached. .
State of Cahfornia, Canty of
Subscribed and sworn to (or aff be
on this/ day of .2O,
by j`6.4.4,. 9 ,4vj
e d ✓a v-SC/ .4
personalt known to me or pro me on
basis of sati tor eviden to ved to - the pe • the (s
S : I i.LL. . - f #i
' MICHELLE SMITH
D �- COMM. #1626841
OJ ( NOTARY PUBLIC- CALIFORNI
I! ORANGE COUNTY r
y MY COMM. EX?. DEC. 4, 2009
•
- Page D -32
• •
ACKNOWLEDGMENT
State of California
County of ORANGE )
On June 9, 2008 before me, JENNIFER C. GIBONEY, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared YUNG T. MULLICK
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.
WITNESS my hand and official seal. *"L JENNIFER 0, 0180N1Y
• N ! ^ • COMM, OA 1797094
41
. ; - NOTARY i+UBt IC�CALIFORNIA
ORANGE COUNTY N
Signature ti (Seal)���
•
BOND ISSUED IN TRIPLICATE • •
Bond No. 4368756 Bond Premium IS 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
G2 CONSTRUCTION, INC.
13331 GARDEN GROVE BLVD., STE. H
GARDEN GROVE, CA 92843
(Name and address of Contractor)
("Principal "), a contract (the "Contract") for the work described as follows:
Slurry Seal. Specification No. ST0804
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
SURETEC INSURANCE COMPANY
3033 5TH AVE., STE. 300
SAN DIEGO, CA 92103
(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 SEVENTY -SEVEN THOUSAND NINE HUNDRED
TWENTY -FIVE AND 0/100
Dollars ($ 77,925.00 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 LS 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,
Page D-34
- • •
or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby
waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the
Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of
California Civil Code §§ 2845 and 2849.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all
purposes be deemed an original hereof; have been duly executed by Principal and Surety, on the 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"
G2 CONSTRUCTION, INC. SURETEC INSURANCE COMPANY
/
/ 41 -i B :y: 4 ,
Its Its
By: •L � By: YUNG T. MULLICK / - . - -
Its Its
(Seal) (Seal)
Note: This bond must be dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney -in -fact must be
attached.
State of California, County of // / ,
`
Subscribed and sworn to (or affirmed) . - '! me
on this + - 4 day of V c�,yte_` , 20 .
br �. A-i,,o„r
Parsonally to me or proved to me on t
who DUN o sali �� ',� , �� a evidence to , .. )
Siynat :. �tiLLL A, _, /a
y. MICHELLE -
H ELLE
y z MIC COMM. #1626841
�' ' k r ` f NOTARY fRI p#1: 2. RN1A�
i ORANGE COUNTY
� , MY COMM. f.XP. DEC. 4 r
. _ _ _ N , .2 009
Page D -35
•
ACKNOWLEDGMENT
State of California
County of ORANGE )
On June-; 9, 2008 before me, JENNIFER C. GIBONEY, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared YUNG T. MULLICK
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.
s"�`' JENNIFER C. GIBONEY
c% COMM. # 1797064 a7
WITNESS my hand and • icial seal. _ NOTARY PUBLIGCAUfORNIA 70
�' ;''''► ' ORANGE COUNTY N
My Comm, Expires RAY 2, 2012
Signature _ 4 (Seal)
S !
POA:'I: 510002
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas,does by these presents
make,constitute mid appoint
Jennifer C. Giboney, James W. Moilanen,Yung T. Mullick
of Mission Viejo,CA its true and lawful Attorney(s)-in-fact,with full power and authority hereby conferred in its name,place and stead,to
execute, acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to
include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million Dollars and no/100 ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate
seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the
premises. Said appointment shall continue in force until 10/31/09 and is made under and by authority of the following
resolutions of the Board of Directors:of the SureTec Insurance Company:.
Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary.or any Assistant Secretary shall be and is
hereby vested with'full:power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and
deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of Apnl,
1.999.)
In Witness Whereof,SURETEC INSURANCE.COMPANY has caused these presents to be signed by its President,and its corporate seal
to be hereto affixed this 20th day of June,A.D.2005.
TEC b RANCE COMPANY
Oe`�►�9 4oti By: ��
t,31 t W ,� rz B.J. reside t
State of Texas ss: \\ow 5 Y
County of Harris .•-
On this 20th day of June,A.D.2005 before me personally came B.J.King,to me known,who,being by me duly sworn,did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the
Board of Directors of said Company;and that he signed his name thereto by like order.
Michelle Denny
Nom► °1fii�/�.e
* �� ;8lale�Ras
'` My Conunbston dries Michelle Denny,Notary POblie
August 27,2008 My commission expires August•27,2008
I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston,Texas this 9 days June ,20 08 ,A.D.
Brent Bea• , istant tary
Any Instrument Issued In excess of the penalty stated above Is totally void and without any validity.
For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST.
•
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
! s
three business days. For purposes of this section, a telephone response by the board shall be deemed
sufficient.
Public Contract Code §20103.5:
In all contracts subject to this part where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However,at
the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of
this state. The first payment for work or material under any contract shall not be made unless and until the
Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board
indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or
contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited
to,any appropriate disciplinary action by the Contractors'State License Board. The agency shall include a
statement to that effect in the standard form of pre-qualification questionnaire and financial statement.
Failure of the bidder to obtain proper and adequate licensing for an
award of a contract shall constitute a failure to execute the contract and
shall result in the forfeiture of the security of the bidder.
License no.: ' 'b 1 x-53 Class: PC Expiration date: 6.3i ' o�
Date (1,2' 11 - 0? Signature �/
1.
•
INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF
SUBROGATION AND CONTRIBUTION
TITLE OF PROJECT OR WORK: 2008 CONCRETE REPAIRS PROGRAM
Indemnitor(s)(list all names):
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend,
protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys,
agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any
and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses,
judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys,
or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to
arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act,
error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors,
materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly
or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract,
agreement, license, or permit (the "Agreement") or the performance or failure to perform any term,
provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity
provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by
Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity
provision shall survive the termination of the Agreement and is in addition to any other rights or remedies
which Indemnitees may have under the law. Payment is not required as a condition precedent to an
Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an
Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision.
Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this
indemnification provision. Notwithstanding the foregoing, nothing in 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 Name:
By: �S� J , By:
Its Its
From:Vickie Cipparuolo At:Strachota Insurance Agency FaxdD: To:G2 Construction Inc. Date:6/13/2008 04:00 PM Page:'s of 5
• CIHOLDER COPY
SK
STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 06-10-2008 GROUP: 000238
POLICY NUMBER 0008852-2007
CERTIFICATE ID: 29
CERTIFICATE EXPIRES:02-01-2009
02-01-2008/02-01-2009
CITY OF SEAL BEACH 5K JOB:JOB # ST0804 VARIOUS LOCATIONS
211 8TH ST 2ND FL
SEAL BEACH CA 90740-6305
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
•
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notvvithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
THORIZED REPRESENTATI PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #1600 - JOHN ALVARADO PRES TRES - EXCLUDED.
ENDORSEMENT #1600 - LYDIA ALVARADO, VP SEC - EXCLUDED.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 02-06-2008 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
G2 CONSTRUCTION INC. SK
13331 GARDEN GROVE BLVD STE H
GARDEN GROVE CA 92843
[BI 5,SK]
(REV.2-o0 PRINTED : 06-10-2008
From:Vickie Cipparuolo At Strachota Insurance Agency FaxiD: To:G2 Construction Inc. Date:6/13/2008 04:00 PM Page:4 of 5
• •
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Corparaatcrn
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ENDORSEMENT NO.
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
Endorsement Effective Date:02/25/08 Policy No: LAGL207338018
Insured: G2 Construction Inc.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
It is hereby agreed that Section lv,item 8.Transfer of Rights of Recovery Against Others to Us,
is modified as follows:
SCHEDULE
Name of Person or Organization: As required by written contract.
(If no entry appears above,information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition
(Section IV-COMMERCIAL GENERAL LIABILITY CONDITIONS)is amended by the
addition of the following:
We waive any right of recovery we may have against the person or organization shown in the
Schedule above because of payments we make for injury or damage arising out of your ongoing
operations or"your work"done under a contract with that person or organization. This waiver
applies only to the person or organization shown in the Schedule above.
CGL 1025 0103