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HomeMy WebLinkAboutAGMT - Phelps Southwest Inc. (Plug Valve Replacement, Pump Station 35) , cs-- au••c�we-r , L 0 (o/a3 /R1 • • Y ilk e . Public Works Contract PLUG VALVE REPLACEMENT - PUMP STATION 35, PROJECT #723 For PLUG VALVE REPLACEMENT - PUMP STOTIQN 35 PROJECT #723, in the City of Seal Beach. „73 s `- / THIS AGREEMEN ade and en d into this Say of q�L/.,U� 1 by and between the City of Seal Beach, C— mia, h reinaft efe r d to as the�1,TY," y of the Firs art, and hereinafter designated the "CONTRAC OR,'. Party of t e 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 PLUG VALVE REPLACEMENT - PUMP STATION 35, PROJECT #723, and to perform and complete in a good and workmanlike manner all the v.✓.dtk ,pe`ft"dtn'ing' ttiteretolStiown on the drawings and described in the Specifications and Contract Documents, therefoWfto fu'rnisht&t ='his own proper cost and expense all tools, equipment, labor and materials _ necessaryE(heretorei 4 triose materials expressly noted as to be fumished by the CITY), and to do- everything required by this Agreement and the said Specifications, Drawings, and Contract Documents. ARTICLE II. For fumishing all said materials and labor, fumishing 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 bome 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. 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 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. CONTRACTOR TO SUBMIT UPON AWARD: D • 1 PLUG VALVE REPLACEMENT • PUMP STATION 35, Project #723 ` 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 P • rt BY �� '# City Manager • Cleric ii PHELPS SOUTHWEST, INC . ONT T - Party of the Secon art Daniel J. Phelps President & Secretary Title PHELPS SOUTHWEST, INC. Address P.O. BOX 14716 • LONG BEACH, CA 90803 • • • CONTRACTOR TO SUBMIT UPON AWARD: D • 2 PLUG VALVE REPLACEMENT • PUMP STATION 35, Project #723 CALIFORNIA ALL-PURPA ACKNOWLEDGMENT • .S`atc.=m7s zs -7. a.a.7s�aCaf 'a ,3»35:3 a>a>•a>: R eis e sf ct; ' se ciss-• .isw tc J i da State of gilt ill q bS County of �� ��S wOL AC 7 r /�aYbefore me,9i5. /V tte AD✓if/?7/ (-. !C y ate _ _ e antl Title of Officer(e.g.,' ane Doe,Notary P be") ��/e-� �, �c e s $ personally app! red y5 qme(s)of Signen g It p 5 ersonally known to me ,5 roved to me on the basis of satisfactory evidence q p 4 to be the person(4whose name( I)& subscribed to the within instrument and acknowledged to me that/$ct/t e n., FE S.MERGER V executed the same in �5 ��. I�is{�eNtf�I'authorized capacity(fl�sf, III .w� Comm.it 1044994 * and that b Is her/tpiett signaturefs) on the instrument the �� r -R. NOTARY PUBLIC•CIUFORMA �. ,, wmaw.c«m D i 0. �, / 1 person, or the entity upon behalf of which the person Ny ouam.&pies Nov. •1998 JI a V rV V a V „ „ „ „ •„ V � acted, executed the instrument. i'; ci 4 ITNESS my hand and official seal. y ---1{-. L � +4 Signature of Notary Public g l%pp OPTIONAL ;;;45 IC. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent J fraudulent removal and reattachment of this form to another document i 4 Description of Attached Document % Title or Type of Document: - ici4c -ad2-44v C $ay VVLvc �,/a/ac`^""f- i' d 1P Document Date: �J�Qa.' 7 , /9 2 Number of Pages: �e Signer(s) Other Than Named Above: A q Capacity(ies) Claimed by Signer(s) s Signer's Name: _ Signer's Name: i 4 ❑ Individual ❑ Individual ; ❑ Corporate Officer ❑ Corporate Officer 1 q Title(s): Title(s): s ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact A i ❑ Trustee ❑ Trustee ?, RIGHT THUMBPRINT RIGHT THUMBPRINT ❑ Guardian or Conservator OF SIGNER ❑ Guardian or Conservator OF SIGNER S� i ID Other: Top of thumb here ❑ Other: Top of thumb here 4 i)1 % 5 Signer Is Representing: Signer Is Representing: i :A 4 5 y4W;C✓%2Z vC2,vn,C;2.42CCe.<C?;gt.<gSQZ< Ce,C:J ; . :C✓hdNen<g4Cg b SC•2vnJ.ti <C v :W<:faw✓C2Cre4:C.;24cg: :W: "Ct C 1996 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 .06/27/1997 12:00 562 48007 PHELPS SOUTHi4=ST PAGE 06 Bond No. 1336535 -- PERFORMANCE BOND KNOW ALL PERSONS EY THESE PRESENTS that: WHEREAS the Crty of Seal Beach, has awarded PHELPS SOUTHWEST. INC. P. 0. BOX 14716 LONG BEACH. CA 90803 (Name and address of Contractor) ("Principal "). a contra (the "Contras ') for the work described as follows: CITY OF SEAL BEACH PLUG VAIYE REPLACEMENT -PUMP STATION 35. PROJECT NO. 723 WHEREAS. Pnnctpal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract NOW, THEREFORE. we. the undersigned Pnncipa! and _ - - -- -- AMWEST SURETY INSURANCE COMPANY POST OFFICE BOX 4500 WOODLAND HILLS, CA 91365 -4500 (Name and address of Surely) ( Surety ") a duly admitted surety insurer under the laws of the Stale of California. as Surety. are held and firmly bound unto the Public Agency in the penal sum of TWELVE THOUSAND FIVE HUNDRED DOLLARS AND NO /100 Dollars (5 12,500.00 )-. this amount (Demo not less than the total contract price. In lawful money of Ine United States of Amenca 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 1nings stand to and abide by. and well and truly keep and cerf3: n alt the undenakings. terns. covenants. conditions and agreements in the Conlra� and any alteration thereof mace 25 Therein provided. On the Principal's par, 10 be kept 2nc performed, all within the time and in the manner therein Specified, and in all respects according to 1ne,r true intent and meaning. and shall Indemnify and holt harmless the Public Agency. its officers. agents and others as therein provided. then this obligation shall become null and void. otherwise. ^ shall be and remain in full force and effect. In case suit is brought upon :his bond, Surely further agrees to pay all tour, costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surely. for value received. hereby stipulates and agrees that no change. extension of time. afterat,on, addition or mocificat,on to the terms or the Contra, or of the work, to be performed thereunder, or the specifications for the same, shall in any way affect 115 obligations under this bond. and r does hereby waive notice of any such. ;.range, extension of time. alteration. addition. or modification 10 the terns of the Contras or 10 the wo '. o' is the specifications thereunder Surely hereby waives the provi IOnS of California Civil Code e§ 2645 end 2549 The City is the phnctoal beneficiary of tn;s bond and has all ngh:s of a parry heretc, IN WITNESS E- _O- IwS (2) identical ccun!erpans Of this Instrument eacn of which sha!: for ail O'urposes be deemed an cod'o hereof nave been duly execute:, by Principal and Surety On the dale set CON7lIACT0' TO S1J2 t1; tPOi; A1', D .1 ecy27/1997 12: ee 562i496e7 PHELPS SUT JEST INC PAGE e7 • 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: JUNE 30, 1997 'Principal' 'Surety' PHELPS SOUTHWEST, I ANWEST SURETY INSURANCE COMPANY CORPORATE '' • f i By: Its y Its DAVI: /'FACKI, ATTORNEY-IN-FACT By' By: Its T• Q Its °F CAL■FO (Seal) (Seal) Note: This bond must he Baled. all signatures must be notarized, and evidence of the-aufhoniy of any person signal:: 25 attorney-in-fact must be attache° CS'(iP.:: iCi S'Jii!L:i lJ Q ; LV,'A. „ c 06/27!1997 12:00 5624348007 PHELPS SOUTHWEST INC,' 1 PAGE 00 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS EY THESE PRESENTS that: Bond 1 1366535 WHEREAS the Crty of Seal Beach, has awarded to PHELPS SOUTHWEST, INC. P. 0. BOX 14716 LONG BEACH, CA 90803 (Name and address of Contractor) ('Principal'), a contract (Inc 'Contra') for the work described as follows: CITY OF SEAL BEACH PI Hg VAI VF RFPI ACFMFNT - PIMP STATIf1N 35. PRf1.1FCT Nn_ 791 WHEREAS, Pnncrpai is required under the terms of the Conlracl and the California Civil Code to secure the payment of claims of laborers. mechanics. matenalmen, and other persons as provreeo by law. NOW THEREFORE, we the undersigned Prncipal, and AMWFST SHRFTY iNSIIRANCF CnNPANY P 0 RDX 4500 WOORI AND NMI I S._CA 91365 -4500 (Name and aPoress of Surely) ( "Surety') a duly admitted surely insurer under the laws of the State of California. as Surety. are held ano firmly bound unto the Public Agency in the penal sum of TWELVE THOUSAND FIVE HUNDRED DOLLARS AND N0 /100 Dollars (5 12,500.00 ), this amount being not less than fifty total contract once, in lawful money of the United Stalesof Amenca, for the payment wt which um weoll and truly to be made, we bind ourselves, our heirs, executors, administrators. successors, and assigns jointly and severally. firmly by tnese presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT. if the hereby bounded P nnc pal, his, her or its heirs, executors, adman!s rators, successors or assigns, or subcontractors snail 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 10 wort, or labor performed under the Contract, or for any amounts reourrec to be deducted. withheld, and paid over to the Employment Development Depanment from the wages of employees of the. Pnncipal an: subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to wort; or labor perfomed under the Cenlract, the Surety will pay for the same in an amount nol exceeding the penal sum specified in this bond, otherwise. this obligation shall become null and void This bond shall inure 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 coun costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surely for value received, hereby stipulates and agrees that no change. extension of time. alteration, aouillon or modification to the terms of the Contra, or of the work to be performed thereuncer, or the specifications for the tame, snail in any wa alfec its obligations under this bond. and it does hereby waive notice cf any sucn change, extension of time, alteration. addition, or modification to the terms of Inc Contras or lo the work or to the specifications (hereunder. Surety hereby waives the provisions of California Civil Coon t;E 2845 and 2846. corn RACI OP. 1OSuBM,:it 190N AWARD n. PLUG v ;.. 'v R.EP:_AcE'';1; 06/27/1957 12: 5624348007 PHELPS SOOT WEST INC. PAGE 09 IN WITNESS WHEREOF, two (2) identical counterparts of this instrument. each of which shall for alt purposes be deemed an original hereof, have been duly executed by Principal and Surely, 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: JUNE 30, 1997 • • 'Principal' 'Surely' PHELPS SOUTH AMMEST SURETY INSURANCE COMPANY QS S• .FS1 • Air CORPORATE It oQ1s,A : _ f - Its DAVID RY • KI , ATTORNEY-IN-FACT By By: Its (Seal) Its OF CA+.1�O (Seal) (Seal) Note: This bond must be dated, all signatures must be notanzed, and evidence of the authonty of any person signing as attorney - to -tam must be attached. ,. . TOS'.,.,,.• U=Ot ; !' ;: STATE OF Arizona COUNTY OF Maricopa On this 30th day of JUNE 1997, before me personally appeared DAVID RYBACKI, to me known, who, being by me duly sworn, did depose and say: that he resides at SCOTTSDALE, ARIZONA, that he is the Attorney -In -Fact of AMWEST SURETY INSURANCE COMPANY , the corporation described in and which executed the annexed instrument; that he knows the corporate seal of said corporation; 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 corporation; that he signed the same name thereto by like order; and that the liabilities of said corporation do not exceed its assets as ascertained in the manner provided by law. • 411 , / / • .• , 14 di i otary Publ My commission expires OFFICIAL SEAL - -1 EJDIAC of Arizona L.OUNTY ury;res May 18, 1998 +`+ OFFICIAL SEAL JENNIFER BUDIAC Notary Public - Stato of Arizona MARICOPA COUNTY +izis >' My Commission Expires May 16, 1998 • ©Ad@F ®INNDA , , dL.PUIRPO ACESN WdE®O`,'1ER14 • ; .4 - - �� --4--- H H n ti H n n n n ry n ry ry T N ry H ry ry n n H n n n n N N n N n n n n ry ry H ry H ry N r; cC » State of 0...e/a2A(... � i County o � €. // S >> _ >> <• o 6e. /°' before me "r✓ S- Atefer-6//01-7 `' �` . C , � (j 4 ' Date _ Name and Title of Officer (e.g., '',Jane D Notary Public ") �j <<. personally appeared ...Da-r7 -r7 tfa 5 , ( N of Signer(s) ❑ ersonally known to me > > roved to me on the basis of satisfactory evidence 'A (e 'A (e to be the person* whose name(fIe'subscribed to the >> within instrument and a nowledged to me tha i /sib /tay- > '' FE S. MERGER - 0 executed the same in ( heF/ti authorized capacity(, >> k IL , ,,, ^ ^.- Comm. # 11 994 an that b ' /t heir si nature on the instrument the >> d • p ntotlatrwe�oc • CALIFORNIA by V� 9 � (e; • %' Los Iklgeles County :, �a> . 4 .13 'Nov 998 -+ acted, or the entity upon behalf of which the person,(41 A ( ` acted, executed the instrument. >> WITNESS my hand and official seal. �� C _X: _._, r/ , Signature of Notary Public (e: OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent : fraudulent removal and reattachment of this form to another document. > Description of Attached Document >> > Title or Type of Document '-«ee, ,y ,,', , s ,. L A Document Date: 8 TGt n� 9 &./ / 99 umber of Pages: , Signer(s) Other Than Named Above: >> Capacity(ies) Claimed by Signer(s) ' Signer's Name: Signer's Name: ; j ❑ Individual ❑ Individual 'A k ❑ Corporate Officer ❑ Corporate Officer > (e. Title(s): Title(s): -• >> re, ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limitei 0 General >> ❑ Attorney -in -Fact ❑ Attorney -in -Fact > ❑ Trustee ❑ Trustee ? RIGHTgTHUMBPRINT RIGHTaTHUMBPRIN_T_ El Guardian or Conservator T: DESIGNER} :,. ❑ Guardian or Conservator •� ,,,SIGNER , ❑ Other: Top of thumb here ❑ Other: Top of thumb here , , ,� Signer Is Representing: Signer Is Representing: � c ',S ® 1998 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 • CALIFORNIA ALL•PURPOS ACKNOWLEDGMENT •' $�a wws.•A>a 00ta t c iA>«sci: wav� T».•a>•-- TA��.S:aa ,•�'oat•aS...�v t�aais caf,�'•�5;:'r•.�N,rsxi:xis< wState of s q County o 5 -/es �h i . o, • fz� , • /° -' before me, S. / vte'(G'f&tz�l<� ! >�C l� ' Date _ Name and Title of Officer(e.g.,"Jane D Notary Public") r personally appeared Jan fel \ • , g'S e� �C N e(s)of Signer(s) 2 ee U ersonally known to me v5 proved to me on the basis of satisfactory evidence s� ri 4 to be the person `]whose name(/subscribed to the .::t within instrument and a nowledged to me that h /strattl}ay-- 0 q fE S.MERGER .0 executed the same in )i he€/fReir'authorized capacity(ies), g 3 cSn;� Comm.41044994 B. NOTARYAMC-CQFORMA and that bye /their signature fg) on the instrument the 'yc d ' L"' ° pea person( ,, •or the entity upon behalf of which the person() °�� lC *Comm.Expires Nov.la 1998 a I V vV V V V V V se - al ,e ., & acted, executed the instrument. 4' 4 WITNESS my hand and official seal. --. Se-let :.,5 Signature of Notary Public 1 OPTIONAL 0 qp Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent le fraudulent removal and reattachment of this form to another document. fie. Description of Attached Document 4 i Ttle or Type of Document: ' -At . c.-•-na?ee— e • q L / -6� y) Document Date:_ �Tu nL 9C?" /997 umber of Pages:o� I Signer(s) Other Than Named Above: 5 Capacity(ies) Claimed by Signer(s) 3 it Signer's Name: Signer's Name: y5 ❑ Individual ❑ Individual 0 q ❑ Corporate Officer ❑ Corporate Officer >> 4 Title(s): Title(s): 4 ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General : i ❑ Attorney-in-Fact ❑ Attorney-in-Fact A i ❑ Trustee ❑ Trustee < RIGHT THUMBPRINT RIGHT THUMBPRINT ❑ Guardian or Conservator OF SIGNER 111 Guardia or Conservator OF SIGNER sy4 ❑ Other: Top of thumb here ❑ Other: Top of thumb here JJ Signer Is Representing: Signer Is Representing: 4 ;tip 64 0 Z < X�n✓rw✓LCAN < 0fAMA0.A'h.2Zv 2INWh3A`2 40240 Z�::h✓'n+!'.S�[ K•%Xe4W0f•• 20;20;14Wt A" 40240y0:A2<vG01,2WACAM202:CO3`S 01996 National Notary Association•8236 Rennet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 • • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION PLUG VALVE REPLACEMENT-PUMP STATION 35, PROJECT#723 Indemnitor(s) (fist all names): Phelps Southwest , Inc. 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 coverages 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, liablilities, covenants and conditions under this instrument shall be joint and several. 'Indemnitor" Name Phelps Southwest , Inc . Name: • By: Adler By: sDani-1 J . Phelps Its President & Secretary CONTRACTOR TO SUBMIT UPON AWARD:D.7 PLUG VALVE REPLACEMENT•PUMP STATION 35,Project 0713 • • AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which- require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.' Date 7/7/97 Signature hwest , Inc . Daniel J. Phelps President & Secretary CONTRACTOR TO SUBMIT UPON AWARD: D-8 •PLUG VALVE REPLACEMENT•PUMP STATION 35,Project rr723 F- CALIFORNIA ALL-PURPO! ACKNOWLEDGMENT • C scisxN"ca.,te.s:F: • CALIFORNIA ALL-PURPO! ACKNOWLEDGMENT • 5, .'r:scv.A is 1 s f ref':>:'sS za 5^ x#7. wT,:. s tits:..;,:isSA aci,kttcresue .R>v'�-.:Gcc�-.os,•s>�-�.i s.�'n-coz Y ') f4 State of C1L e /2 0 Ce County o -2S /O29e4--s 45 eOn / 7�� before me, S. `/U•-6Ce-c- _7Ava�` ' � 6 ' / Dated a and TIN of Officer(e.g.,"Jane Doe,Notary Public') personally appeared ` )0--n —e-- ��• / 1 e as .:� $ ame(s)of Signer �� lie ,personally known to me ,�. proved to me on the basis of satisfactory evidence yl 1.3 4 to be the person(6) whose name(Sa /ale subscribed to the :,A within instrument and acknowledged to me that/she/tlseq FE S.MER(IER executed the same ingii/Faer/their authorized capacity(ies), Cr ¢ lbw.#1044894 and that byt ` her/their signature(t) on the instrument the A tiz a -• � Arap person( , or the entity upon behalf of which the personpSJ t4 c•r�irea Mw,t3,1393 -+ acted, executed the instrument. ;A cxLt ESS my hand and official seal. 5 4 Signature of Notary Public OPTIONAL ?. q Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent J.) " fraudulent removal and reattachment of this form to another document. ;;;� 1 Description of Attached Document, `���� �, /ke�c' f/wr;,n/e.25 4194-r.. , C4 Ttle or Type of Document: '^ /il/a.v-e-c c_54c1�+.1,07 a fc,--� �- CPi�v -6 .4 p aDocument Date: L) u.-eg 7, X997 Number of Pages: 5 a Signer(s) Other Than Named Above: :A Capacity(ies) Claimed by Signer(s) A 4 Signer's Name: Signer's Name: j) ❑ Individual ❑ Individual y� q ❑ Corporate Officer ❑ Corporate Officer sl !4v Title(s): Title(s): jl i ❑ Partner—❑ Limited El General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact El Attorney-in-Fact A i ❑ Trustee ❑ Trustee RIGHT THUMBPRINT RIGHT THUMBPRINT 9. ❑ Guardian or Conservator OF SIGNER ❑ Guardian or Conservator OF SIGNER g Other: Top of thumb here ❑ Other: Top of thumb here S� Signer Is Representing: Signer Is Representing: A A c 1996 National Notary Association•8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 • • STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.15] [Public Contract Code § 20103.5j 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: 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 govemed by Section 10164 of the Public Contract Code or on any local agency project govemed by Section 20104 [now § 20103.51 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 fumish 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 fumished 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 CONTRACTOR TO SUBMIT UPON AWARD:0.9 PLUG VALVE REPLACEMENT-PUMP STATION 35,Project x723 • • license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contact 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 prequalification 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.: 690137 Class: A Expiration date: 6/98 PHELPS SOUTHWEST, INC . - Date July 7 , 1997 Signature `J Da el J. Phelps . President & Secretary CONTRACTOR TO SUBMIT UPON AWARD:D• 10 PLUG VALVE REPLACEMENT-PUMP STATION 35,Project#723 CALIFORNIA ALL-PURPO! ACKNOWLEDGMENT • $ya5 t.,tc.•:@^ wYs�. SA e-sx:s�c�. S�S S-iv.&�5 >•�. r .•os.a 7v i q �.�Ta i��'��-. �u2 • K, �^ � State of C Cam.(ire, 0 County flirt U a C cS On�u�f 7 /99/ before me,L J • k Cl�"`L /I/vl�/ujy u,'C-y Date e / ����Title of Officer(e.g.,"Arlo Doe,Notary Pu�"cJ' ) personally appeared ' v . /" "�'� F____ , 9 l.4 Name(s)of Signer(s) 's C q ❑ personally known to me ��11 q proved to me on the basis of satisfactory evidence aA fie, 4 to be the person(f) whose namegniace subscririhed to the g tr within instrument and acknowledged to me thatthesPle/the3r (e ., FE S.MER(IER "0 executed the same intEis�'hlgr/thetr authorized capacity(ies), y� 3 +8 NOTARY R4 and that by tl /her/ttaetr signature($,) on the instrument the a ."J to.MgetasC Y 7J person( ), or the entity upon behalf of which the persons qq N1'Comm.E�ies Nov.I3,1998 .' :* acted, executed the instrument. :g. eITNESS my hand and official seal. _ . 4 g S Signature of Notary Public A ViAe, OPTIONAL A Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent A4 4G fraudulent removal and reattachment of this form to another document. 9J q Description of Attached Document n g p` Title or Type of DocumentS� /4470“1/4'. 'CGL•saL /'nc' '� " "°'d `' 4 C`'f�t w.�-- s TGt..t_ G'...-i. 4.....-5 r Ger ,s..s ;.� Lo–�...-a' Y� 4 Document Date: 7I 7/9 F— Number of Pages: Signer(s) Other Than Named Above: A i Capacity(ies) Claimed by Signer(s) a� 4 Signer's Name: Signer's Name: �5 4 ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer yl Title(s): Title(s): A v El Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑ General j� 4 ❑ Attorney-in-Fact ❑ Attorney-in-Fact :i) Cr) ❑ Trustee ❑ Trustee RIGHT THUMBPRINT RIGHT THUMBPRINT ❑ Guardian or Conservator OF SIGNER ❑ Guardian or Conservator OF SIGNER t« ❑ Other: Top of thumb here ❑ Other: Top of thumb here 0 g A — AA 4 Signer Is Representing: Signer Is Representing: y i w 3 Lam: :<ff%rti'2<vtit gt.W.W < < <"?5 32 nC eA✓A✓w✓:IR:Cf/4gaa.32WA.1/:<glger 3W O244SAK:AAJ'A+%4 GWg_%L■W; k<V;: :�gZa4 ar 01996 National Notary Association•8236 Remmel Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827