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HomeMy WebLinkAboutAGMT - Southern California Grading (Main Street Alley Improvements) PLEASE.COMPETE THIS INFORMATION • RECORDING REQUESTED BY: - Recorded in Official Records, County of Orange Gary Granville, Clerk-Recorder AND WHEN RECORDED MAIL TO: I li III III ;I li;! II' I I Ilhl„ll.il',,,1111 l,,lllll ,�l ,l.,lfll iti 1 o FEE 20010382743 08'.57 am 06112101 110 32 R28 4 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Rg, 2L(._,Pc__\Q2_/m\THIS SPACE FOR RECORDE/R'S USE ONLY TITLE OF DOCUMENT: 4/77/ /. (41 eP),t, THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION t/)9 (Additional recording fee applies) p 059-TITLE PAGE(R7/95) • • • WHEN RECORDED RPTURIST.„0: RECORDING REQUESTED PURSUANT TO CITY OF SEAL BEACH GOVERNMENT CODE SECTION 6103 211 8TH STREET SEAL BEACH, CALIFORNIA 90740 RESOLUTION NUMBER 99 /0 A RESOLUTION OF THE .CITY COUNCIL OF THE CITY OF .SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #820 CONSTRUCTION OF THE MAIN STREET ALLEY IMPROVEMENTS ENTERED INTO BETWEEN SOUTHERN CALIFORNIA GRADING, INC. AND THE CITY OF SEAL BEACH TILE CITY COUNCIL OF THE CITY OF SEAL .BEACH DOES HEREBY RESOLVE: WHEREAS, on February 28, 2000, the City of Seal Beach entered into a contract with Southern California Grading, Inc.. WHEREAS, the City Engineer has determined that the work has been substantially completed in accordance with the contract documents. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Seal Beach as follows: Section 1. That the work required to be performed by said Contractor has been completed. • Section 2. That the total cost of said work is in the amount of$ 340,570.58. Section 3. That the work is hereby accepted and approved. . ..,. . .. .... ... . Section 4. It is further ordered that a "Notice of Acceptance", Exhibit "A", be filed on behalf of the City is in the Office of the County of Orange within 10 days of the date of this resolution. PASSED, APPROVED AND ADOj'TED b the City Council of the City of Seal Beach • at a meeting thereof held on the 2,7 day of 2001 by the following vote: AYES: / . / Councilmembe _ n ._ �L •s0%'.-- !- NOES: Council member ABSENT: Councilmember ayor f TES , d Ierk • • STATE OF CALIFORNIA) COUNTY OF ORANGE )SS CITY OF SEAL BEACH) I, Joanne M. Yeo, City Clerk of Seal Beach, Cali corn o hereby certify that the foregoing. resolution is the original copy of Resolution NumbeVt on file in the office of the City Clerk passed, approved, and adopted by the t Council of th 'ty of Seal Beach, at a cgulai meetit_ thereof held on the 2- day of , 2001. . 1/ ►i • Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 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: 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 narire of the owner is: City of Seal Beach 3. The address of the owner is: City of Seal Beach, 211 8'h Street, Seal Beach,CA 90740 4. The nature of the interest or estate of the owner is; In fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter described as completed on 8/10/00. The work was: Main St. Alley Improvements,Project No. 820 6. The name of the contractor, if any, for such of improvement was: Southern California Grading,Inc.. The date of the Contract was: February 28, 2000. 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: 100 and 200 block of the alley between Main Street and 10th Street.bounded on the south by Ocean Alle and on the north b Electric Ave. Date: tS v J Signature o or corporaeoffr - .' wn- named in paragraph 2 or his agent. ASST. CITY ENGINEER VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion;have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed onj - j ,20 01 ,at Seal Beach,California. (Date of Signature) Jr �% 7 of Public Works EXHIBIT "A" • • • i val led Azad 44", 4 vYnznu �wJ .rcf �o� v O MAIN STREET ALLEY IMPROVEMENTS, PROJECT NO. 820 • . For MAIN STREET ALLEY IMPROVEMENTS, in the City of Seal Beach. i HIS AGREEMENT, made and entered into this 28 day of February ,211920 ,O y and between the City of Seal Beach, California, hereinafter referred to as the "CITY," Party of the First Part, and Southern California Grading, Inc. 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 MAIN STREET ALLEY IMPROVEMENTS, and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in the Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be furnished by the CITY), and to do everything required by this Agreement and the said Specifications, Drawings, and Contract Documents. ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant. temporary works or structures, tools and equipment and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by said CITY, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be borne by the said CITY and faithfully completing the work and the whole thereof, in the manner shown and described in the said tia 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 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 irst P BY • City Manager i• /aa,c49(,77 Southern California Grading, Inc_ lerk r BY ��,... �� "_1 �� t •y ' _ CONTRACTOR - • art of the Second Part President Title 16291 Construction Circle East Irvine. California 92606 Address • • • /4 " E OR t, . , :',....-0111i :., 4 • - ... } . ".. p : •:.: # }?{,p. —DATE .. • PRODUCER 949- 250 -7172 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Sullivan & Curtis ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Insurance Brokers ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. P. 0. Box 19763 COMPANIES AFFORDING COVERAGE Irvine, Ca. 92713 -9763 COMPANY A Clarendon America Ins. Co. mums COMPANY Southern California Grading B United States Fire Ins. Co. Inc. COMPANY 16291 Construction Circle East c RLI Insurance Company Irvine CA 92606 COMPANY D Republic Indemnity Co. �, �',:., c:: '�• '', -s -:r ' . •`. . ...... '.: .K:K.. . - ,.. ".-- . V ey, .ed}; ' stf . h : ~ i ^• ' `• l T .. .. X'.' ti {;,G,,, }., , C}. '. xx: , z 'v� ' : ' : G::xx. .:. wc.:•::.x •:.�•. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTIVE POLICY EXPIRATION UMITS LTR DATE SMMIDD/YY) DATE (MM/DD/YY) A GENERAL, LIABILITY 0698990038 6/01/99 6/01/00 GENERAL AGGREGATE 8 2000000 X COMMERCIAL GENERAL UABIUTY PRODUCTS - COMP /OP AGG $ 2000000 CLAIMS MADE © OCCUR PERSONAL & ADV INJURY 8 1000000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1000000 FIRE DAMAGE (Any one fire) $ 50000 MED EXP (Any one person) $ 5000 B AUTOMOBILE UABIUTY 5060061378 6/01/99 6/01/00 COMBINED SINGLE LIMIT $ X ANY AUTO 1000000 ALL OWNED AUTOS BODILY INJURY $ — SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE UABIUTY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ C EXCESS uMlury OUL0042664 6/01/99 6/01/00 EACH OCCURRENCE $ 4000000 UMBRELLA FORM AGGREGATE $ 4000000 OTHER THAN UMBRELLA FORM $ D WORKERS COMPENSATION AND 131659 -03 4/01/99 4/01/00 f WC STATU- OTH- EMPLOYERS' UABIUTY I TORY LIMITS I I ER EL EACH ACCIDENT _ $ 1000000 — THE PROPRIETOR/ INCL EL DISEASE - POLICY LIMIT $ 1000000 PARTNERS/EXECUTIVE — OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $ 1000000 OTHER * 10 days for nonpayment DESCRIPTION OF OPERATIONBMCATIONSNBHCLE !SPEClAL ITBIAS RE: PROJECT: MAIN STREET ALLEY IMPROVEMENTS FOR ADDITIONAL INSURED INFORMATION SEE ATTACHED AA1IER FF�i : • •• • � v 1 } .n..,t. •.....,,..�:.. J. •: :'f:hxt::i."':: .v: .::.v .. .. ... N. : j ..... ... ...: t \7s 37A {' { +AN ••:h SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE DIRECTOR OF PUBLIC WORKS EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF SEAL BEACH 30 DAYS WRITTEN NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LIFT, 211 8TH STREET BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR UABIUTY SEAL BEACH, CA 90740 OF ■ ND UPON THE COMPANY, ITSr- BITS OR REPRESENTATIVES. AUTHORIZ „ - A UV1ay ,.,.,.:'".•,: • � \��:..... :'•�i + n��S p.;�:,i \ \f�'+ \ .9;. ••. 4,4 . qA: . ......1 •.... .::. \'• ... • C::: •' • .}}'Ai'v:' : . 1. rMt. O/ l3 • • ADDITION AL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Southern Califore+ Gfting, Inc.; K—C Investments; Robert Kehrer; Robert Cutler; Regina Cutler Name and address of named insured 'Named Insured"): Clarendon America Insurance Company c/o LeBoeuf Lamb Greene & McRaem 1 River Front Plaza, Newark, NJ 07102 Name and address of Insurance Company("Company"): MAIN STREET ALLEY IMPROVEMENTS,PROJECT NO.820 Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: I. The City of Seal Beach, its elected officials, officers,attorneys, agents, employees, and volunteers are additional insured.: (the above named additional insureds are hereafter referred to as the "Additional Instweds") under the Policy in relation to those activities described generally above with regard to - .. wt. operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability '<'="'` for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance. and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e-, in the same manner as if separate policies had been issued to each insured- Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms. conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement_ 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby aged that the laws of the State of California shall apply to and govern the validity, construction,interpretation,and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Public Works City of Seal Beach 211 8th Street Seal Beach CA 90740 • "l.n yz1 III • .0. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD June 1, 1999 to LIMITS OF *SEE BELOW THIS ENDORSEMENT ATTACHES FROM/TO June 1, 2000 LIABILITY COMMERCIAL GENERAL LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: )<Contractual Liability Z Explosion Hazard ... Owners/Landlords/Tenants % Collapse Hazard Manufacturers/Contractors % Underground Property Damage Products/Completed Operations - Pollution Liability Broad Form Property Damage -C4ovA t e rs Liquor Liability - Hotyr ot..IC.t5 Extended Bodily Injury - CQJ\vJ'd e/ Broad Form Comprehensive - - General Liability Endorsement? N/A - NO DEDUCTIBLE 12. A T. deductible or - self-insured retention (check one) of $ applies to all coverage(s)except: (if none, so state). The deductible is applicable = per claim or = per occurrence (check one). g 13. This is ant occurrence or- claims made policy(check one). 14. This endorsement is effective on 3-9-00 at 12:01 A.M. and forms a part of Policy Number TNC0698/99/0038 L Karen Bonazzoli with permission from WFT Ins. Btokwrrnt name),hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof.I do so bind the Company. Executed March 10 ?ps, 2000 at ItI .i _4, _:,� ' 1 Si'y�.nroo'Authorized ' _esentative / (Original signature only; no facsimt-ile signature or initialed signature accepted) Phone No.: ( 818 ) 598-6402 • *LIMITS: $2,000,000 General Aggregate, per project (other than products/ completed operations) $2,000,000 Aggregate in respect of products/completed operations $1,000,000 Personal & Advertising Injury $1,000,000 Each Occurrence Limit $ 50,000 Fire Damage (any one fire) $ 5,000 Medical Payments (any one person) r,nun 1 L/ 1 ` • • • • ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY 'c:`' - - - - Southern California Grading, Inc. ; K—C Investments; Robert Kehrer; Robert Cutler; Regina Curler; CTZ LLC Name and address of named insured ("Named Insured"): RLI Insurance Company, Lindbergh Ave. , Peoria, IL 61615 Name and address of Insurance Company("Company"): MAIN STREET ALLEY IMPROVEMENTS,PROJECT NO.820 Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: I. The City of Seal Beach, its elected officials, officers, attorneys, a_nts, employees. and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or acc,ssments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3- Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy- All such claims shall covered as third-party claims,i.e.,in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnifica-tion and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permits) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency,by certified mail,return receipt requested,not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all tights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties,from all claims,losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8, It is hereby agreed that the laws of the State of California shall apply to and govern the validity,construction,interpretation,and enforcement of this contract of insurance. • • • 9. This endorsement and all notices; +cn hereunder shall be sent to Public Agency at: Director of Pu"lic Works City of Seal);,:ach 21 1 8th Street Seal Beach CA 90740 10. Except as stated above and not in conflict with this endorsement,,nothing contained herein shad be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH COMMERCIAL POLICY PERIOD June 1, 1999 LIMITS OF UMBRELLA LIABILITY THIS ENDORSEMENT ATTACHES FROM/TO June 1, 2000 LIAB[CI'T'Y Following Form XxUmbrella Liability 10. Applicable underlying coverages: SEE BELOW INSURANCE COMPANY POLICY NO. OUL0042662 AMOUNT $4,000,000 Each Occurrence/$4,000,000 Products/Completed Ops./$4,000,000 General Aggregate 11. The following inclusions,exclusions,extensions or specific provisions relate to the above coverages: 12. A = deductible orf self-insured retention (check one)of$ 10,000 applies to all coverage(s)except: (if none,so state). The deductible is applicable _ per claim or C per occurrence(check one).N/A — SIR 13. This is an LE occurrence or E claims made policy(check one). March 9, 2000 14. This endorsement is effective on at 12:01 A.M_and forms a part of Policy Number OUL0042664 Karen Bonazzoli with permission from ALCO Surplus (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof.I do so bind the Company. March 10 2000 it triCir (Original signature only; no facsim-ile signature or initialed signature accepted) Phone No.: ( 818 ) 598-6402 UNDERLYING LIMITS: GL — Clarendon America — $1,000,000/$2,000,000/$2,000,000/$1,000,000 Auto — Crum E. Forester — $1,000,000 Combined Single Limit Employers Liability — Republic Indemnity — $1,000,000/$1,000,000/$1,000,000 Pollution Liability — Amer: Intl Specialty — $1,000,000/$1,000,000 ***EXECUTED IN TR-I CATE*** • Bond No. BCSAB6387 Premium: $2,773.00 PERFORMANCE BOND KNOW ALL PERSONS BY TH ESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded .Southern California Grading, Inc. 16291 Construction Circle East, Irvine, CA 92606 (Name and address of Contractor) ("Principal"),..a contract(the"Contract") for the work described as follows: Main Street Alley Improvements, Project No. 820 WHEREAS, Principal is required under the terms of the Contract to furnish a bond;for the lfaithful�- perforniance of the Contract. NOW,THEREFORE,RE, w the un s incipal,and Hartford Fire Insurance_Company One' Pointe Or., Brea, LA �$� PZ` ---- (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 Three Hundred Eighteen Thousand Three Hundred Forty Two And 58/100 Dollars ($ 318,342.58 ), 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. • • ` Dated: March 10, 2000 "Principal" "Surety" SOUTHERN CALIFORNIA GRADING, INC. HARTFORD FI' : , SURANCE COMPANY A /, By: / By: e�/ Its Pres dent Its Attorney-in-Fact Lourdes Landa By: By: • Its Its „(Sedl) (Seal) • Note: This- bond must be dated, all signatures must be notarized, and _7 %, evidence-.df.the authority of any person signing as attorney-in-fact inusrbe : attache • CALIFORNIA ALL-PURPOSSKNOWLEDGMENT • State of California County of orange On March 10, 2000 before me, Edith Garibay, Notary Public DATE - NAME,TITLE OF OFFICER-E G "JANE DOE.NOTARY PUBLIC" O personally appeared **Lourdes Landa** NAMEISI OF SIGNERISI A xE personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence 1 to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- 1 knowledged to me that he/she/they executed S the same in his/her/their authorized capacity(ies), and that by his/her/their 1 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. EDITH GARIBAY ; 0 �'• � COMM.#1231724 p: } -V WITNESS my Flan. and official seal. ` l/ n ;NOTARY PUBLIC-CALIFORNIA ,`\ A ORANGE COUNTY A ar y CUMM.EXP.AUG.6,2003 �1 SIGNATURE OF NOTARY - `1 OPTIONAL . 1 Though the data below is not required by law, it may g q y y prove valuable to persons relying on the document and code o'e:ent fraudulent reattachment of this form. 1 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT k ❑ INDIVIDUAL ❑ CORPORATE OFFICER 't TITLEIS) TITLE OR TYPE OF DOCUMEr:- ,y • ❑ PARTNER(S) El LIMITED lig ❑ GENERAL 1 ATTORNEY-IN-FACT NUMBER OF PAGES '1 El TRUSTEE(S) �` ❑ GUARDIAN/CONSERVATOR 1 ❑ OTHER: DATE OF DOCUMENT • . S SIGNER IS REPRESENTING: `. NAME OF PERSON(SI OR ENTITYIESI SIGNER(S) OTHER THAN NAMED ABC. 1 BD-1133 3/94 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 7184•Canoga 2a'• i 4 ;'309,7'184 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 siIIIIl II lI!!!!!ll!llIIII111llllllr_ow., l!III!lllllllJIlllllllttlltl!er,,,r ��11 State of California 11 County of Orange On March 10, 2000 before me, Diane G. Keck, Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC' 8 personally appeared Robert E. Cutler NAME(S)OF SIGNER(S)R a personally known to me - OR - ❑ proved to me on the basi3 of satisfactory evidencc to be the person(s) whose name(s) is/ate subscribed to the within instrument and ac- knowledged to me that he/sft�rJfk executed the same in his/ttnr4thekr authorized DIANE G.KECK capacity(iers), and that by his/Ilexttxoic yy Commission# 1181303 z signature(sr) on the instrument the person(s), 1 ��s i Notary Public CO'1°ni° or the entity upon behalf of which the 1 $ .. Otange Co-'n y St My Comm.Ecpires t:c/13. person(s) acted, executed the instrument. 0 .-. WITNESS my hand and official seal. SIGNATURE OF OTARY k OPTIONAL , Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent kfraudulent reattachment of this form. 0 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL IN CORPORATE OFFICER President TITLE OR TYPE OF DOCUMENT TITLE(S) IPARTNER(S) ❑ LIMITED❑ ATTORNEY-IN-FACT ❑ GENERAL NUMBER OF PAGES 1 All1 — TRUSTEE(S) `1 _ GUARDIAN/CONSERVATOR `1 — OTHER: t1 1 DATE OF DOCUMENT 1 1 SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITYIIES) ll Southern California Grading, Inc. SIGNER(S) OTHER THAN NAMED ABOVE %Z.I1!!Il!lllllllll!!!!!lII IIIl lll!ll lllllll lllllllllllllllllllll!ltllll/.� 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 ***EXECUTED IN TRIPLICATE*** • • •d No. : BCSAB6387 PAYMENT BOND Premium: Included In Performance (LABOR AND MA ERIALS) Bond KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded to Southern California Grading, Inc. 16291 Construction Circle East, Irvine, CA 92606 (Name :nd address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: Main Street Alley Improvements, Project No. 820 WHEREAS;-Principal is required under the terms of the Contract and the California Civil.Code-to secure .. the payment ofclaims of laborers, mechanics. materialmen,and other persons as provided byialy.' � _ NOW,THEREFORE, we, the undersigned Principal,and Hartford Fire Insurance l'omoeay One Pointe-Dr.. Brea, CA 97829 _ - (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 Three Hundred Eighteen Thousand Three Hundred Forty Two And 58/100 Dollars ($ 318,342.58 this amount being not less than fifty percent (50%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors. and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his. her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall become null and void. This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond. Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time. alteration, addition or modification to the terms of the Contract,or of the work to be performed thereunder. or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code§§ 2845 and 2849. • • IN WITNESS WHEREOF two (2) identical counterparts of this instrument, each of which shall for all purposes be der ,ed an original hereof, have been duly executed by Principal and Surety. on the date set forth below, thL .iame of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)p0ursuant to authority of its governing body. Dated: March 10, 226600 -Principal" "Surety" SOOTHERN CALIFORNIA GRADING, INC. HARTFORD FIRE INSURANCE COMPANY • A By: i� � /' ig BBv: Its President Its Attorney—in—Fact By:— By: Lnurdna r.anda _ its Its ?O0 J iSea1) (Seal) Nbte° This bond must be dated, all signatures must be notarized, and . ''evidence of the authority of any person signing as attorney-in-fact-must:be attached. • CALIFORNIA ALL•PURPOSESKNOWLEDGMENT • 1J St State of California County of Orange 1 On March 10, 2000 before me, Edith Garibay, Notary Public 1 DATE NAME,TITLE OF OFFICER E G 'JANE DOE NOTARY PUBLIC- 1 personally appeared **Lourdes Landa"` NAMEGI OF SIGNENSI 1 xj personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence 1 to be the person(s) whose name(s) is/are 1 subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized 1 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the 1 1 1 person(s) acted, executed the instrument. 1 o r ,�� EDITH GARIBAY WIT S m and and official sea 1 1 Q A`3: COMM.N 1231724 . 1 0 • .44g5NOTARY PUBLIC-CALIFORNIA'S \ _ 1 5 ;J^ ORANGE COUNTY t7 COMM.EXP.AUG.9,2003 a SIGNATURE OF NOT--' 1 0 1 OPTIONAL 1 1 kThough the data below is not required by law, it may prove valuable to persons relying on the document and could prevent 1 fraudulent reattachment of this form. 1 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 1 ❑ INDIVIDUAL 1 1 ❑ CORPORATE OFFICER 1 1 1 TITLE OR TYPE OF DOCUMENT 1 TITLEIS, 1fi El PARTNER(S) ❑ LIMITED 1 1 GENERAL ❑ 1 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES , ❑ TRUSTEE(S) ,, i GUARDIAN/CONSERVATOR \' 1 1:1 OTHER: 1 1 DATE OF DOCUMENT II SIGNER IS REPRESENTING: 1 NAME OF PERSONS)OR ENTITYIESI SIGNER(S)OTHER THAN NAMED ABOVE V. BD-1133 3/94 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 71 84•Canoga Park CA 91309-7154 HA•ORD FIRE INSURANCE COMP( Hartford,Connecticut POWER OF ATTORNEY Know all men by these Presents,That HARTFORD FIRE INSURANCE COMPANY,a corporation duly organized under the laws of the State of Connecticut,and having its principal office in the City of Hartford,County of Hartford,State of Connecticut,does hereby make,constitute and appoint WILLIAM R. CURTIS,JOHN F.MONROE, BRENDA L. GROW,ISELA M. CARRILLO, • • PHILIP E. VEGA,JUDY HOFFMAN-ARNOLD,LOURDES LANDA, and MARY J.STELZER of IRVINE, CALIFORNIA its true and lawful Attomey(s)-in-Fact,with full power and authority to each of said Attomey(s)-in-Fact,in their separate capacity if more than one is named above,to sign,execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust;guaranteeing the performance of contracts other than insurance policies;guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities,and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed,in penalties not erceeding the sum of.' TEN MILLION DOLLARS (10,000,000.00) and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers,and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of the By-Laws of HARTFORD FIRE INSURANCE COMPANY,("the Company)as amended by the Board of Directors at a meeting duly called and held on July 9,1997,as follows: ARTICLE IV SECTION 7.The President or any Vice President or Assistant Vice-President.acting with any Secretary or Assistant Secretary shall have power and authority to sign and execute and attach the seal of the Company to bonds and undertakings,recongnizances,contracts of indemnity and other writings obligatory in the nature thereof,and such instruments so signed and executed,with or without the common seal,shall be valid and binding upon the Company. SECTION 8.The President or any Vice-President or any Assistant Vice President acting with any Secretary or Assistant Secretary,shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more resident Vice Presidents, resident Assistant Secretaries and Attomeys-in-Fact and at any time to remove any such resident Vice-President, resident Assistant Secretary,or Attomey-in-Fact,and revoke the power and authority given to him. Resolved,that the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile,and any such power of attomey or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice-President, and its corporate seal to be hereto affixed,duly attested by its Secretary,this 14th day of May,1999. HARTFORD FIRE INSURANCE COMPANY � ppE of I¢E \• Z'J9rifa/ Paul A. Bergenholtz,Assistant Secretary Robert L.Post.Assistant Vice President STATE OF CONNECTICUT SS. Hartford COUNTY OF HARTFORD On this 14th day of May,A.D. 1999,before me personally came Robert L. Post,to me known,who being by me duly swom, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice-President of HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. tx• r.r 244 Jean H.Wozniak Notary Public CERTIFICATE My Commission Expires June 30,2004 I,the undersigned,Secretary of HARTFORD FIRE INSURANCE COMPANY,a Connecticut Cemnration,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEYrernains in full force and has not been revoked;and furthermore,that Article IV,Sections 7 and 8 of the By-Laws of HARTFORD FIRE INSURANCE COMPANY,set forth in the Power of Attorney,are now in force. Signed and sealed at the City�of Hartford. Dated the 10th day of March XXX 2000 l Richard L.Marshall,Jr..Assistant Secretary J.Dennis Lane,Assistant Vice President Form S-3507-9 (HF) Printed in U.S.A. H• • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 I (r llllll111l11!lllll 111 1111/1111 lt!!1!!!!/ll./lJl!!I!l!!llll./llfllJtl!!I./�ki 11 1f 1 State of California i ,,1`11 fi County of Orange j 1 On March 10, 2000 before me, Diane G. Keck, Notary Public 1 1 8 DATE NAME.TITLE OF OFFICER-E.G.,"JANE DOE.NOTARY PUBLIC" ti personally appeared Robert E. Cutler 1 NAME(S)OF SIGNER(S) 1 ti le personally known to me - OR - ❑ proved-to-me on the basis of satisfactory cvidcncc ato be the person(s) whose name(s) is/ate subscribed to the within instrument and ac- knowledged to me that he/she/ :ley executed 0 the same in his/Ise3rAdtek authorized capacity(iecs), and that by his/fx�xf�#x�iv l�� DIANE G.KECK signature(s) on the instrument the person(s), ll r k Commission*el 181303 111 g7°- °:y Notary PUbrc- cr,omio or the entity upon behalf of which the 1 4 , , orange cou y person(s) acted, executed the instrument. lti l my Comm.Wires r.�tij 13,NJl 11 WITNESS my hand and official seal. ti 0 0 0 i 0 SIGNATURE OF NO3.01 FLY U 0 0 OPTIONAL 1 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. 0 0 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 1 � CORPORATE OFFICER ti S. President TITLE OR TYPE OF DOCUMENT 0 ` TITLE(S) ❑ PARTNER(S) I I LIMITED ❑ GENERAL • 0 El OY -IN-FACT NUMBER OF PAGES ki ❑❑ TRUSTEE(S)GUARDIAN/CONSERVATOR k1 ❑ OTHER: DATE OF DOCUMENT S SIGNER IS REPRESENTING: 11 NAME OF PERSON(S)OR ENTITY(IES) ``1111 Southern California Grading, Inc. SIGNER(S) OTHER THAN NAMED ABOVE S v 01993 NATIONAL NOTARY ASSOCIATION•8236 Hemet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 AGREEMEN°'TO COMI-LY WITH CALIFORNIA LAP'.IR 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 ack.-owledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing vith 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 Icw. 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 (I) 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 I,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: "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." ft , Date March 10, 2000 Signature a` "° `, ' e • • 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: 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 • • • three business days. For purposes of this section, a telephone response by the board sh:.'.I 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 c..ny 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 que:.ionnaire and financial statement. Failure of the bidder to obtain proper and adr'uate 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.: 275738 Class: A & C-12 Expiration date: 2/28/02 Date March 10, 2000 Signature `aim • •