HomeMy WebLinkAboutAGMT - MG Enterprizes (Gum Grove Park Expansion Area) •
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RECORDING REQUESTED BY Recorded in Official Records, Orange County
Tom Daly, Clerk-Recorder
IiOIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1th11IIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE
AND WHEN RECORDED MAIL TO
2007000620931 08:01am 10110107 •
CITY OF SEAL BEACH 105 48 N12 1
Attn: City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
211 -8th Street
Seal Beach, CA 90740
Space of above this line for Recorder's use.
*** No Recording Fee Pursuant to Government Code Section 6103,27383 ****
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
I. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the
property hereinafter described:
2. The full name of the owner is: City of Seal Beach
3. The address of the owner is:City of Seal Beach. 211 - 8th Street,Seal Beach,CA 90740
..The.nature of_the_interest.or estate.of the_owner_is;_In fee. The City of Seal Beach._ _ _ _ _
5. A work of improvement on the property hereinafter is described as substantially completed on
September 24,2007. The work was: Gum Grove Expansion Area, Project 50213.
6. The name of the contractor, for such improvement was: MG Enterprizes The date of the Contract
Award was: March 26,2007.
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: Gum Grove Park.
Date: //Z /O �
Si,t,tore 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 e9 .2007,at Seal B ach,Cali
(Date of Signature)
nee _A.- X7/1/
irector of Public Works
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�yrt
PUBLIC WORKS CONTRACT
For the following project named Gum Grove Park Expansion Area, Project No. 50213, in the City of
Seal Beach.
THIS AGREEMENT, made and entered into this day of itc.4- 2007; by and
between the City of Seal Beach, California, hereinafter referred to as the CITY," Party of the First Part,
and
s
hereinafter designated as the "CONTRACTOR," Party of the Second Part.
WITNESSETH: That the Parties do hereto mutually agree as follows:
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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
faighfully completing the work and the whole thereof, in the manner shown and described in the said
Drawings,_ Specifications, and Contract Documents and in accordance with the requirements of the
Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the
unit "prices and the lump sum prices named in the Schedule of Work Items of the Proposal.
ARTICLE III. The CITY hereby promises and agrees with said CONTRACTOR to employ and does
hereby employ said CONTRACTOR to provide the materials and to do the work according to'the terms and
conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same, at
the time, in the manner and upon the conditions set forth in the Specifications and Contract Documents, and
the said parties for themselves, their heirs, executors,, administrators, successors and assigns, do hereby
agree to the full performance of the covenants herein contained.
ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned
therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are
hereby incorporated in and made a part of this Agreement.
ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is
hereby specifically referred to and by this reference is made a part of this contract. It is further expressly
agreed by and between the parties hereto that should there be any conflict between the terms of this
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
worlcmen's compensation or to undertake self - insurance in accordance with the provisions of that code, and
I will comply with such before commencing the performance of the work of this contract.
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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
\, n
BY A. ' _ 0 ea -- V ..A...._
City Manager
AT EST: (- \
Aii, :_ _ LPL ii ,
Ci Clerk
BYE — v—
CONTRACTOR - Party of the Second Part
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Title
/0,5 - 7 Cil41/4 / ,c3 /, s/09/710,4 0,96 ciV
Address
iiim
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'Premium is for contract ter. •
and is subject to adjustment
based on final contract price"
Bond No. 4359552 Bond Premium $2,8��00 • .
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarded •
MG Enterprises
14151 Chandler B1 yd.
Sherman Oaks, Ca_ 91401
(Name and address of Contractor)
( "Principal "), a contract (the "Contract ") for the work described as follows:
(;um (;rnvP Park F.xpansi on ArPa
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
3 03 3 5i h ,� vB .StP_ 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 One hundred twenty — three
tkousand, nine hundred five dollars five cents
Dollars (S193, Q 0 5 _ 0J ), 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
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.
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Dated: April 2, 2007
"Principal" "Surety"
MG Enterprises SureTec Insurance Company
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By: By:
Its Davit d e, A orney -in -fact
By: B
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.
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fCA!FORNIA ALL-PURP1E
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
County of Los Angeles )
On 4-7_7Q07 before me, Christopher John ,Rizzotti - notary public
(here insert name and title of the officer)
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personally appeared David Noddle
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
" • (HUMPH! JOHN OT I 5
WITNESS m Ala ifficial seal. r
in ,,,�. S Commission # 1639032 r'
1 Notary Public -California fa
;$ LOS ANGELES County
' or �°�'� My Comm Expires=AN 17,20_10(
Signature lirg Public
(Seal)
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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 forth must be
properly completed and attached to that document. The only exception is f a
document is to be recorded outside of California.In such instances, any alternative
(Title mdescription 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 (le, 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 the 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 TIIE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms 0.e.
❑ Individual(s) he/she/theft is/are)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not coves text or lures. 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.
C. 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
CAPA v12tre50by Aasod.mm arPmr®monal Nmmie'&CSA 500.5'11-9565 www.nowydwsrrom t
1/,'Ir9 rn &ncludo
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Bond No. 4 3 5 9 5 5 7 Bond Premium
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarded to
mG.E n t e r ptheas
4151 fhandl pr 111 vd_
• (Name and address of Contractor)
("Principal'), a contract(the"Contract") for the work described as follows:
arm frnvp Park Expansion Area
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WHEREAS, Piincipal is required under the terms of the Contract and the California Civil Code to secure
the payment of claims of laborers,mechanics,materialmon, and other persons as provided by law.
NOW,THEREFORE,we,the undersigned Principal, and
SureTec Insurance Company
3033 5th. Ave. . Ste. 300
San Ilipgp, 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
finbly bound unto the Public Agency in the penal sum of Sixty—one thousand,
fin hundred fifty—two, SPVpnty—five rents
Dollars(S h 1 . 95 2.75 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 those 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
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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-IEREOF, 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: April 2, 2007
"Principal" "Surety"
MG Enterprises SureTec Insurance Company
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By r/
By: Its QavidttNArd % torney-in-fact
Y
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.
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CA!IFORNIA ALL-PURP!SE
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
County of Los Angeles )
On 4-2-2007 before me, Christopher John Rizzotti- notary public
(here insert name and title of the officer)
personally appeared David Noddle
•
- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
• (NIISIONIEI JOHN 11110111
WITNESS my hail' an•'y 'dal seal. wa i Commission # 1639032 r'sir ,�' Notary Public —California
LOS ANGELES County its My Comm Expires SAN 17,2010
Signature of No I IT.lie _ v '
(Seal)
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ADDITIONAL OPTIONAL INFORMATION
•
•
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in Cal fornia 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 f a
document is to be recorded outside of Calfornia.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(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 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 TILE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
❑ Individual(s) he/sh e/they—is/are)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
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.
C. 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
i
CAPA v11.1005 0 by Association of Pa ressiond Natai®h CSAtw.sls-9B65 www.notarydmsevmm
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PhA p: 510010 _.
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 and appoint
David Noddle
of Encino, 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.ail 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'Attomey(s)-in-Fact may do in the
premises. Said appointment shall continue in force until 10/31/08 and is made under and by authority of the following
resolutions of the Board:of Directors of the SureTec Insurance Company:
Be if 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 Attomey(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 -meeting held on 20'"of April,
1999.)
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 t. RANCE COMPANY
�SUF\Ary`� C ...
0.77"7.,Q
. � 9 ; By: avail. I
w`w1' Z B.J.Ki reside n t
State of Texas ss: 7� l -/
County of dams
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
q• State of Texas ' l Y t' P'4'b A-
�'tFOrtE My Commission Expires Michelle Denny,Notary P. lie.
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;andfurthermore,the resolutions of the Board.of Directors,set.
out in the Power-of Attorney are in Tull force and effect.
Given under my hand and the seal of said Company at Houston,Texas this. 2nd _day . . ' 20 0 7 ,A.D.
-A alf
,Brent Bea , •-Want See ,tarry
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.
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AGREEMENT TO COMPLY WITHCALIFORNIA LABOR LAW REQUIREMENTS
[Labor Code §§ 1720, 1773.8, 1775, 1776,1777.5, 1813, 1860, 1861,3700] EE
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. I'
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, 'l
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 1'
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:
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"1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to
be insured against liability for worker's compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before commencing the performance of the
work of this contract."
Date G(r'( 6, Signature
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r:.
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:
(I) The person is particularly exempted from this chapter.
(2) The bid is submitted on a state project governed by Section 10164 of the Public
Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public
Contract Code.
(b) If a person has been previously convicted of the offense described in this section, the .
court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person
performed contracting work, or four thousand five hundred dollars ($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.
(0 • 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, offider. 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.
License no.: 73 4 Class:
Expiration date: _ o
Date y/// * Signature _
•
12
• •
RESOLUTION NUMBER 5537
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH AWARDING THE BID FOR GUM GROVE PARK
EXPANSION AREA,PROJECT NUMBER 50213.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE,DECLARE,DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby approves the contract between the City of Seal
Beach and MG Enterprizes for the Gum Grove Park Expansion Area
Project No.50213.
SECTION 2. The Council hereby directs the City Manager to execute the contract for
the Gum Grove Park Expansion Area Project No. 50213 to MG
Enterprizes.
PASSED, APPROVED AND ADOPTED BY THE City Council of Seal Beach, at a
meeting hereof held on the 26th day of March ,2007 by the following vote:
/AYES: COUNCILMEMBERS ,id,, /L�!a ��/ ° �,
NOES: COUNCILMEMBERS �i ll�TO-4A-Li
ABSENT: COUNCILMEMBERS / (!/d>-L.f
ABSTAIN: COUNCILMEMBERS 7
Lia p.-,
Mayor
ATTEST: SEA/8e
U' • c IPOR4,,, -s;-
City Clerk :o
o Z"
OUNri
STATE OF CALIFORNIA F
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine,City Clerk for the City of Seal Beach, California,do hereby certify that
the foregoing resolutions is the original copy of Resolution Number 5537 on file in the
office of the City Clerk,passed, approved an adopted by the City Council of the City of
Seal Beach at a regular meeting hereof held on the 26th day of March ,2007.
3,416:1/
City Clerk