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AGMT - West Coast Cutting Inc. (Lampson Ave Wall Removal)
• • t RECORDING REQUESTED BY Recorded in Official Records, County of Orange Gary Granville, Clerk-Recorder AND WHEN RECORDED MAIL TO IIIIIIIIIIII IIIIIIIII IIIIIII11111111IIIIIII111IIII11111NO FEE 20020062725 12:36pm 01/24/02 CITY OF SEAL BEACH 123 15 1112 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 I 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 hereniafter described: I1� 2. The full name 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 12/27/01. The work was: Lampson Avenue Wall Removal, Project No. 50088 6. The name of the contractor, if any, for such of improvement was: West Coast Cutting, Inc. 7. The date of the Contract was: November 13,2001. 8. 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: Lampson Avenue from Tulip Street to approximately 1000 feet west of Heather Street. DategiAwltA121J/5-20oZ 1 I Signature of owner or corporate officer of owner 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 on �q-AimAg / /o— ,21003, , at Seal Beach,Califon (Date of ifgnature) (/ Director of Public Works EXHIBIT "A" :_ • 7 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Recorded in Official Records, County of Orange Gary Granville, Clerk-Recorder AND WHEN RECORDED MAIL TO: II��I�IIIMl�I� �l lD�M�����oill�,101D�1111111IIIINO FEE —.as 20020062726 12:36pm 01124102 123 15 R28 2 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 A f TH S SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: eci, L j 0/ /� i/ 77S LAMPSON AVENUE WALL REMOVAL V- PROJECT 50088 et/thud!' THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) `0 059-TITLE PAGE(P7/95) RECORDING REQUESTED BY•d NO 1RDING FEE PURSUANT WHEN RECORDED MAIL TO: TO GU ERNMENT CODE SECTION ; CITY OF SEAL BErer 6103, 27383 . ATTN: tITSREERR C- . 211, - 8th STREET RESOLUTION NUMBER 7 7 W SEAL BEACH, CA. 90740 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL . BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND 'SPECIFICATIONS FOR PROJECT #50088 LAMPSON AVENUE WALL REMOVAL ENTERED INTO BETWEEN WEST COAST CUTTING, INC. AND THE CITY OF SEAL BEACH THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: . . . . . . .... ... ... . . WHEREAS, on November 13, 2001, the City of Seal Beach entered into a contract with West Coast Cutting, 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$ 21,160.00. 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 AD ,DTED bA • City Council of the City of Seal Beach at a meeting thereof held on the / - day of 1.?,. , 200T--by the followinglvote: AYES: Councilmembersk4,� 0_,/ , ___ 01� Pt, , _. 1" i / NOES: Councilmembers t. # . ABSENT: Councilmembeis anti_ Mayor // ' ATkr i CZ lerk STATE OF CALIFORNIA) COUNTY OF ORANGE )SS CITY OF SEAL BEACH) I, Joanne M. Yeo, City Clerk of Seal Beach, Californiia/ado hereby certify that the foregoing tt7/ resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adop the Ci ouncil of the City of Seal Beach, at a rof ,,i , 20CIk • 0 BOOK II OF II1 1 CONTRACT DOCUMENTS 1 DOCUMENTS TO SUBMIT UPON AWARD: 1 PUBLIC WORKS CONTRACT 3 PERFORMANCE BOND 5 INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION 9 AGREEMENT TO COMPLY WITHCALIFORNIA LABOR LAW REQUIREMENTS 10 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS 11 INSURANCE REQUIREMENTS 13 WORKER'S COMPENSATION CERTIFICATE OF INSURANCE 15 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY 16 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY 18 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY 20 2 • PUBLIC WORKS CONTRACT Lampson Avenue Wall Removal, Project No. 49995 (3) For the following project named Lampson Avenue Wall Removal ,m the City of Seal Beach. THIS AGREEMENT, made and entered into this 2 3 r d day of November 200 , by and between the City of Seal Beach, California, hereinafter referred to as the "CITY," Party of the First Part, and West Coast Cutting, 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 perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in the Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be furnished by the CITY), and to do everything required by this Agreement and the said Specifications, Drawings, and Contract Documents. ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary works or structures, tools and equipment and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by said CITY, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be borne by the said CITY and faithfully completing the work and the whole thereof, in the manner shown and described in the said Drawings, Specifications, and Contract Documents and in accordance with the requirements of the Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal. ARTICLE 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. 3 • • IN WITNESS WHEREOF: The Parties hereto have caused this : tract to be executed the day and year first above written. CITY OF SEAL B - H, CALIF • -ii Party ofth ' t ' BY .V 4/ City M. ig 1 • _ _ / rk � r ito 41 BY 01141 d., 1 / CON'' - CT..' - 'arty of the Second Part Ken eth J. Blosfield, President t, Rosecrans Avenue , Bellflower, CA, 90706 -2140 Address 4 • Bond No. Bond Premium PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded (Name and address of Contractor) • ( "Principal "), a contract (the "Contract ") for the work described as follows: WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ( "Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Dollars ($ ), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. . THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and '5 • • Surety, on the date sct 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 December 6, 2001 'Princip. "Surety" _ Contractors_Bondin�anrl Tnc„rance Company • By: M I BI �� rA, By: 1 ..w is Its Anne Wr t, Attorney—in—Fact By I By: 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. • • • • • • 6 >;:°e e e:�o '- <°8<oroe^ o•_°o^ero°^><:r:7 re voo>o o<aoo°^•< _�.°`t. 1011821128121811188grAggiNISONAMMAggailagillP� � � � � � � <e<fe°ee_6a .a�^><e>��°a_er<: e;: ee >� � — .ce ° °ee. — pB." � °p>.e"'° –�°eeeee°° a8>`>e'eo•8^"e8.se^e_e^8?>oo°9—:°e>e.e.°e.;_ge, eee e°eoe:6-8{io°°oe°voeoe;Bge°veae°e$e-oe°ee°°e$•-e$ee ev°°0e••�e°e°eeoeeogo.>peoe°ee°°=^°sees°°°° '°°°v°eeoo°^° ° °e°°•°°eeeeva ee°°•°°eoeee 6$e ee eeeee°••ease eeeo°,e see eee e°e oe••• °o° o°ee•°eee °eo°;°v°e ee°g.°°• eo°•:o°a ee8;8oe°°v°°° ee°°�°gee>eee 0�V�0o0�(e�o ov0�li�0�i�i�d°!°°w°�d°i�1�4,0�dii�l�eo ooi�d�i�0�i�i�i�(ow°°V°i�d�l�diil�1,°,e�°°�4�i�d�i°I�i�i�o�o�oo°i�ivii�ivi�0,e°�o;,i�id,0�i�l�V,I�o�°°�Vi�d°I�i�i�i°°,° °C�i�i�d,0�i�l�i�°�o�oo�iii�i0°i�l�i�o�e�°o°O�iii�li!°P�iieo�of°i�i3O°di0�i°O�i°e°'i ll,e° e°�°gee, 'I,,`j,yj LIMITED POWER OF ATTORNEY °uo, e ease r�°� INSURANCE o°ed° °0ge Vat o Qe e00ee ,�� Not Valid for Bonds Power of Attorney i�I');," I�°°, Executed On or After: AUGUST 31ST, 2003 Number: 661574 g. a efe} v`beer_ ovEve• Aloes IAA li 44 514 READ CAREFULLY — to be rrsed only with the bond specified herein teei,''r 10 e- ajar c�eve,, <g i A valid original of this document must be printed on security paper with black,blue, and red ink, and must a:;;o.° (lt;a bear the seal of Contractors Bonding and Insurance Company(the"Company").Only an unaltered original I i1il9 ;0414,0 of this power of attorney is valid. If a photocopy, the word "VOID" should appear clearly in one or more --SW,;;;; e {°,.°ere places. This Power of Attorney is valid solely in connection with the execution and delivery of the bond ee°.,���°e:;{< bearing the number indicated below,provided the bond is of the type indicated below,and is valid only if the e ;°° !ill 00014 bond is executed on or before the date indicated above. ' I 'All1 j e :4'1"a= spa r Lr •>o- J' T e° 3c '` ha .th 'Co U e frd e' ^ $'el w'.. 7 • , e 8 °e°e °e°°8:: KNOW ALL MEN BC THESE PRESE,, ,,„ the as ,,E1 Company does hereby make ,constitute 4 e s ;,e `and oint- the followin oiSIOUX�`MUNYON ANNE WRIGHT and DANA-L MICEAELIS :its et*t _e an 4 g a. o t h n s-e a o -5 F: ..;;Opt/ it,rue aad6lawful Atorney(s); in7 Fact In.th,,fulh power and authority hereby and j ,;,lll i;ii ovo conferredcin its name place and stead to execute , acknowledge and delivercon - °°eggs 'r t e r taiei °T"' " 's ' ` y r ii dd'all�`bondss and-undertakin s of surer shi - ' i:_ °'t°0e°0°e° g,o behalf of the Company (1) �tany �__ 4, r �, � g � Y ]? "tea°>° (lllt°' given for any purpose provided Whowever �that3no such person shall be ' -- °° l ,authorized-.to execute and deliver any'�bond_or undertaking'that shall obligate 1 ! Ohl) 11 Y o )1";; OeO,e° � the" Company for any portion of the penal sum�thareof in excess �of.�$103 000';-000 0;�;•.°e,° l ^'x k 'a.. °°Pe°v eee, °gga 8e, y and$provided further that+ no Attorney,° is=Fact: shall have;;the authority"}to 1egreege "issue a bid :or:,proposal bond for any project where, �ifTa contract°is awarded + ° /;.,f(III° 'any bond or° undertaking would`be requi`r`ed with penal sum:in excess.�of k e� I) "' ee° $u10,000,000 and,.(-2) .conseirits • releases and other.}scimilar';documents required by z:4t, 'r {}peB; an obligee,under a?:contracti bonded?by the"COmpany°,`Thisrappointmenti is made ` ° °0°eee °° 7 under jthe authority` of the Board�of Directors of, th_e Companye - °°°° VIII ' [ E a r "'! ` s ., ,II'i1',,r °••°eeg°e 'eve°e •,rte .•-u° r � q ,�'�, `�. '.�z 5� "-�e �.. e°.o�°oee eee oer - e o eo eee � N " t " ;A 4 nY r n fl' k ° gS ° 1 if V ' A Y 5 ;; • x ti s •', v wt 991I e L °l;r °gh eeo°e•r it __ _ __ '� __ _ _ c 'IMP e,ages>, — _ .. +.-- ilk CERTIFICATE '° At ill -...A.,.° °'<seve 3 gig I, the undersigned secretary of Contractors Bonding and Insurance Company, a gi (Iiio� Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full ie!!��) �'( °:°o .gel';; g{>;or<ro force and effect and has not been revoked, and furthermore, that the resolutions of the °aeeeege, ,,Mai Board of Directors set forth on the reverse are now in full force and effect. e°° °°°° e,aer ? / �w Bond Number CD 3782 Oee o�eo° r °''III, ' f` Signed and sealed this 6th day of December 2001 , ql�)) Not Va .'d r sere: Unless Sell .c 7"7 �Jo. e Affixeel ,„ , /Robert M.Ogle,Secretary ea'° �er 'lt CBIC • 1213 Valley Street•P.O.Box 9271 •Seattle,WA 98109-0271 . 8 °v: = 'e.00°° vvo°o8 °e (2 0 6)° 622-7053 • (8l 0 0ee 8 o) st765-CBIC (Toll Free) • (206) 382-9623 FAX e r eoo> e ° e ,,, y e 1.:10° , .._,,_: ; o "m" l � °° ",91 ' nnrmnnl . rne ° vnl, lwlllratlawli0I ' llli� ld" � O �m00 o .qe, e ° ag.odeg eadd , ;; / g glee g•: N° edd ; elepd •e d° 1eemg;° f ml U , $ a es 6eoe s e 9 o • e°g e <°B eAee g,gs ee e� °%. '� e �, o% eg� ee e �6evB°ee o e e°e�.%�eve �ev° e etea°oo g��° eo v e ��r ve� r :C .e st mv r°ae a °'.�' ca i r°r :z Be Certificate of Appo• intment and Resolutions of re Board of Directors • The undersigned President and.Secretary of Contractors Bonding and Insurance Company hereby certify that the President has appointed the Attorney(s)-in-Fact identified on the front side of this power of attorney, under and by the authority of the following resolutions adopted by the-Board of Directors of Contractors Bonding and Insurance Company at a meeting duly held on December 15, 1993: RESOLVED, that the CEO, President, CFO, any Vice President, Secretary or any Assistant Secretary, and any other employee as may be specifically authorized by a particular board resolution (hereafter "Authorized Officer or Employee") may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and any Authorized Officer or Employee may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER,that any bond, undertaking, recognizance; or suretyship obligation shall be valid and binding upon the Company: (i) when.signed by the Authorized Officer or Employee and attested and sealed (if a seal he required); or (ii) when signed by the Authorized Officer or Employee, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in- fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any Authorized Officer or Employee and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company (unless otherwise specified in the power of attorney itself); and such signature and seal when so used shall have the same force and effect as though manually affixed. RESOLVED FURTHER,that all previous resolutions of the Board of Directors concerning powers • of attorney and attorneys-in-fact remain in full force and effect; that all forms of powers of attorney previously or in the future approved by the Board of Directors, including, but not limited to, so called "fax or facsimile powers of attorney", where the entire power of attorney is a facsimile, remain in full force and effect; and that one form of a power of attorney may be attached to one bond (for example, the form for which this resolution is a part may be attached to a bid bond), and another form of power of attorney may be attached to another bond (for example, a fax power of attorney may be attached to the final bond for a project for which the different form of power was attached to the bid bond) without affecting the validity of-either power of attorney or bond. IN WITNESS WHEREOF, Contractors Bonding and Insurance Company has caused these presents to be signed by its president and secretary, and its corporate seal to be hereunto affixed this 1st day of Jan ary, 1994. •—••810111111111.1W • State of Washington Steven A. Gainerr Attest: Kevin Lybeck, Secretary County of King On January 1st, 1994 before me, Molly A. Hudspeth Notary Public, personally appeared Steven A. Gaines and Kevin L. Lybeck, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowl- edged to me all that they executed the same in their authorized capacities and that by their signatures the entity upon behalf of which they acted executed the instrument. � _ p.HUp �r u WITNESS my hand and official seal. O �s F•he•. S,it '3 •0 NOTARY m• t/ \ •Signature (seal) 4 ;MC�.� Molly A. Hudspeth, Notary Public It .......• �. ) t,rs.v0Pw , ` e CALIFORNIA ALL-PURPOIP ACKNOWLEDGMENT - ;rcrr-ccr,(rcrA5--,- _c:,..cK itc-?-fir- . Jr,lr--gs :_- CCC �.cr>,trti^ter.. t-s,--c',.-r i„, ,t =r ^=frAtr ,Cr,ccC. -7,2cg r hState of California County of San Diego r On December 6, 2001 before me. Nancy I Trussn, Notary Public Date Name and Title o1 0"ice:(e g-."Jane Doe_Notary Puellc) �. personally appeared Anne Wright Name(s)01 Slaner(s) � 4 X7 personally known to me–OR–E proved to me on the basis of satisfactory evidence to be the person(s) , c. whose name(s) is/are subscribed to the within instrument P. and acknowledged to me that he/she/they executed the (s ' same in his/her/their authorized capacity(ies), and that by ' his/her/their signature(s) on the instrument the person(s), ,,.r IN NANCY I.TRUSSO I or the entity upon behalf of which the person(s) acted. 2.: 5 fe,. -..'',Tiri, COMM.#1327166 o executed the instrument. 6 w . -1 NOTARY PUBLIC-CALIFORNIA 'S c'l ° • rr SAN DIEGO COUNTY t]) I My Comm.Exp.Oct 28,2005 I WITNESS my hand and official seal. ✓: PS P N Sig ,� C+ ` Signature of Notary Public (j> I P' OPTIONAL 3 �: Thouoh the information below is not required by late, 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: _ Ennd fi Document Date: Number of Pages: i rt Signer(s) Other Than Named Above: Ti P: Capacity(ies) Claimed by Signer(s) Signer's Name: Anne Wright _ Signer's Name: hii Individual n Individual • r: 8 ❑ Corporate Officer n Corporate Officer X Title(s): Title(s): P ❑ Partner—❑ Limited ❑ General ill Partner—❑ Limited !Li General • g_I Attorney-in-Fact ❑ Attorney-in-Fact gl ❑ Trustee ❑ Trustee g ,.,. •r,,.I.,r RIGHf;THUMBPRQR PS ❑ Guardian or Conservator s oe Guardian or Conservator 2ThiC•FSIGNBi4' Ton of Thumb here Other: Too 01 thumb here g ❑ Other: O Signer Is Representing: Signer Is Representing: h Contractors Bonding and g l Insurance Company I I �`G�`,�,'(`4^CCIGVCC.'!C.'C,.' ` (.'GC.rti'CC.,,,,,iC(.`CC;, ,`C<>C.':C(5�:.' C,'Ct,`GC,^ ,:---^�C,•Ci- 4--ecci;`ectc-;TC,' =-CJ 'C.;'Cs'.•G<.'C,,=-,c,,, s 0 1995 National Notary Association•8236 Remmet Ave.,P O.Box 7184•Canoga Park.CA 91309 7164 Prod.No 5907 Reorder:Call Toll-Free 1-8004076.6827 PREiM WILL BE ADJUSTED • BASED QF FINAL CONTRACT PRICE Bond No. CD 3782 Bond Prcmium Inch ded in Performance Bond • PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that WHEREAS the City of Seal Beach,has awarded to West Coast Cutting, Inc. 9206 Rosecrans Avenue Bellflower, CA 90706 (Name and address of Contractor) (-Principal), a contract(the"Contract") for the work described as follows: Lampson Avenue Wall Removal PROJECT ;/500$8 WHEREAS, Principal is required under the tents of the Contract and the California Civil Code to secure • the payment of claims of laborers,mechanics, materialmen,and other persons as provided by law. _ NOW,THEREFORE,we,The undersigned Principal, and Contractors Bonding and Insurance Company 23173 Plaza Pointe Dr 11 IRS Laguna Hills, CA ,925.3 (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 Twenty thousand nnp htsndrpd G;xty and no/100 • Dollars(S 70 1 fin on 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 Welland truly tote 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 performcd 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 perfomled 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 he performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the 7 • • • • Contt act or to the work or to the specifications thereunder. Smery hereby waives the provisions of California Civil Code ;',• • 2545 and 2R49. 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 representativc(s)pursuant to authority of its governing body. Dated: December 6, 2001 "Pi ncipal" "Suety" West @oast Cut in• _nc. • Contractors Bondin and Insurance Company By: „ MIFF By: ,7 t Its • L� t Its Anne Wrcht Attorney—in—Fact:.�;�.. Q(LC—S% CoJI By: S > y—in—Fact / Its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. • a "`e>;;>:•^ °I,, a-o^:>;4 ate e: .--o°ir..:.. a<^e°:3 ^eeI,,o-o°4 4 —><::::::�t e>;>e<e--o:::•e^;��:' �4: e- :�0ee :cif >°>• = = = = = = = = = =e pee,ee. aev — ..eee eee.e— — — — — — — — e:00>e=S >°}<:°. °eee•'°ce.<°g8e<°°>e'Og: 8:><e>e a8>}e°e>°°.° '?>»>{'< °`r°e°e a°•r}>'°°.° 8e? >e 8. <e °.> egg.,$ .veee°ee°eee. Bee°eeoe<ee�7^eeeeoeeee°•7•°eeee00 ee$ep°gee oeoa ee$e.ve e0000°pe°., eeevoe o°evo:oeee°aao°0^8:o°°ooeoo v°^ ^°000e°°a°0° °°oeeeoo°0o a°eeeeeoo°o°°••o°eoe°eeee°e�.°°°e°e°°e° oe a°,°a;°00000ee°ee; oeoeeeooeonoevoeeeeeop.geeoo oveog,g000e o°aeg7goe° oeo..000 voe eo ov°•,°oe oe ai oo`se,i, e° a °°,°e e•.°i°°goe °ea1C40,0iloe�°p,0,iililivo ooii3O,0,iiio° oplii3O,iiivow,1,V;,1,0,1,iip eeoe°1�I,i3O,ifirg�apiii3O,0,iioo,°Sao,V,ii,0,ifia°°�ooiii,0,ii°iee�oaii,0,0,i igvo�olii,0,1,0,figv�oo,V,ii3O,li�ie,°�o„1„iliiilen l oI voli� e 1��I ;1 • `°°°° LIMITED POWER OF ATTORNEY se°eo. _ C bic °° o o°e e^:°� ,NSURANCE tile 1:04., 1:14::_ Not Valid for Bonds Power of Attorney a��ot1 �; (°lee,;: Executed On or After: AUGUST 31ST, 2003 Number: 661515 o gg°I'�; ee vee>}e °°t e1 vo READ CAREFULLY — to he used only with the hoed specified / erein •• ee_ o >°1 A valid original of this document must be printed on security paper with black, blue, and red ink, and must °_° (1U�' 4 bear the seal of Contractors Bonding and Insurance Company(the"Company").Only an unaltered original I e;l�ll),; • of this power of attorney is valid. If a photocopy, the word "VOID" should appear clearly in one or more ee°� e3 places. This Power of Attorney is valid solely in connection with the execution and delivery of the bond e ;%>g>°<> bearing the number indicated below,provided the bond is of the type indicated below,and is valid only if the °•° „ li orin bond is executed on or before the date indicated above. A j ei°.X °• `t ; ; T `-'s h.* ' ttc. 4�'G yt 4 ' ' °'' n +cfc e iP�W e oo aeg, KNOW ALL MEN BY THESE PRESENTS that the: Companytxdoes thereby make constitute ., °oo an& appoinC- the following `'SIOUX MUNYON ANNE<WRIGHT and DANA`L HICHAELIS'-its, �° ;kUs°15 • 'true and i-lawful Attorney(s), in' Fact with fulls power and authorityy hereby azi,a,%:.,...,.." !I�'lf •° S•.; conferred in its name place and,stead o{execute;; acknowledge and deliver,,on e°e vs, 1a to 'e d iy J _+ry-+id A c r su - ee behalf of the Company (1) any and�allobonds tandiunsdurakings of suretyship ) „e° given for any purpose provided fhowe"ver �thatsno such person,shall b e s ,� ,,'f�!It 1 `authorized-.to execute and deliver any bond for•undertaking that shall 'obligate ;I�'l,ir {>.>g the. Company for`any portion of the penal suitcthereof sn cexaess of?,,$10,000;°000 ,°°e” 3_ x '0 and piovided? furtfier *"that no4Attgrney�, in-Fact.shall ,have-°�the`'authority.)„toff o ovoeeao ° a a" __ eifga contract,,is awarded ti issnela bid or proposal bond for any pro7act whesre, „ !:;0131. any bond or'undertaking would bbe required with penal sum in excess`of ?, Oil `° oe° $10` 000 �000 .and,.(-2) _consents releases ''and other similar,documents required by-, ae�°�''? °e @�e. an`":obligee,",under a'contract�bonded Eby the-Company -;This appointment is made } _ o,e, it ' under the"authority of the�Board of Directors of�the Company _ go � �.: -.3 h°' i z -. , . aan, ".xa ..a3 vr', sll'i,,e ee°oOe°a t :�'... , -_9� ,. _c° S :1,k,1 ":',---:.,Z. _ U v��r', Y �.� fi o x>L t_ zc . ' t � 1 0 o °e e :° - e ..eee • ' n,l .i __ i43\ -- a o•°0°e a°. ;e _ n. .. o ...a _. -co. rt-- - -3ti° ---- - .fie �e00a,0 e,° CERTIFICATE }y','° 4 1:14::::e* I, the undersigned secretary of Contractors Bonding and Insurance Company, a o ed.g ;;pt e Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full 1.21,011/;, e - force and effect and has not been revoked, and, furthermore, that the resolutions of the a °:v00ee 'g/°:t e, Board of Directors set forth on the reverse are now in full force and effect. °° ,:tits Bond Number CD 3782 1•'lll��, o !SOY ;e ' Signed and sealed this 6th day of December 2001 , Ail(01.131 e r ' Not 'Va,lid ::11:11)1" �snless Seal' G l L.. a e:g • AfflXec9 Robert M.Ogle,Secretary 00. 1 efo l,e CBIC • 1213 Valley Street•P.O.Box 9271 •Seattle,WA 98109-0271 >e< ° ,° (206) 622-7053 • (800) 765-CBIC (Toll Free) • (206) 382-9623 FAX °o°eeA »'" PoaLPOA.04-US101700 '‘ Ili '1.!:e:�alalRrtRlp ltsirtnrn0e�jrITIMitoAIWO llninoee�denirnnor°Welrnllleieo°e Wj°olivlmlepeev�araldliill ll�lo°e�jaldlillnleiipip,�daldlllln7(ipeaeaP°poll1011diledleeW°mR,41, lee�aall�d101lpig1ee 1t Ill ith IIg°°°<g�e°d oleeieleie�eg.:•ae eaeieleleleg.:.gelelaeieioleiege.•geleioeeleieiege.•g°Ieieleaieieleg°.°guest:°:loleege.°eeeleaeelew$°•°$°eoeieleleeg°.°e°eeoeeege°�q$eeooieleeve°g=°°eeeeoloeegg° °evaoeeeegg°-°;veoee t.op;e,I'' e°.o•°°oe•°gam°gee°e°a°e°o°°�'oee°e°oeggg�=geee°eeg°��4eee°eeggg�oeee°oe°e°g�9$o°eo°eeeg�8 oe eo00 �°eo°e°ooa°°e°'�'e°eo°eo°°e°°°°woe°e'°o°e°oe°e°��ee°0°e°e°°°g�°°e°ee°e°°°°g�•eo°e'e°'e°•°°gee°ee°a°�o°avo% e00e°ov°veto:°.:ig°eo°Oe°:se°° •:°e:°it ice...°°:e:°e°ovo°6°.e°:oe:oe°°.eo8 °:e::°°°.e°:aSib°°°e°e°S°:e°°°o°o.e�°°'.y°°.ee°e:e°°:e°:°°Be8�°oe:°°:o^°�°°:e°a°:°°�°°:°'e°'e°e°°�°o°°:°>°°.°tlet°doaae°•o° °aa v°8S ve °.°�►e° BCC o B�� • °B�r e• °8a 0 8��e• .��:v°•oe8��evo•oee�►oso°o°e•��°°e a oo v oe.evao v oe.vea.°�. � P Certificate of Appuiin• tnient and Resolutions of ttn Board of Directors The undersigned President and Secretary of Contractors Bonding and Insurance Company hereby certify that the President has appointed the Attorney(s)-in-Fact identified on the front side of this power of attorney, under and by the authority of the following resolutions adopted by the Board of Directors of Contractors Bonding and Insurance Company at a meeting duly held on December 15, 1993: RESOLVED, that the CEO, President, CFO, any Vice President, Secretary or any Assistant Secretary, and any other employee as may be specifically authorized by a particular board resolution (hereafter "Authorized Officer or Employee") may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and any Authorized Officer or Employee may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company: (i) when signed by the Authorized Officer or Employee and attested and sealed (if a seal be required); or (ii) when signed by the Authorized Officer or Employee, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in- tact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER,that the signature of any Authorized Officer or Employee and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company (unless otherwise specified in the power of attorney itself); and such signature and seal when so used shall have the same force and effect as though manually affixed. RESOLVED FURTHER, that all previous resolutions of the Board of Directors concerning powers of attorney and attorneys-in-fact remain in full force and effect; that all forms of powers of attorney previously or in the future approved by the Board of Directors, including, but not limited to, so called "fax or facsimile powers of attorney", where the entire power of attorney is a facsimile, remain in full force and effect; and that one form of a power of attorney may be attached to one bond (for example, the form for which this resolution is a part may be attached to a hid bond), and another form of power of attorney may be attached to another bond (for example, a fax power of attorney may be attached to the final bond for a project for which the different form of power was attached to the bid bond) without affecting the validity of either power of attorney or bond. IN WITNESS WHEREOF, Contractors Bonding and Insurance Company has caused these presents to be signed by its president and secretary, and its corporate seal to he hereunto affixed this 1st day of Jan ary, 1994. • State of Washington Steven A. Gaines, c Attest: Kevin I.. Lubeck, Secretary County of King On January 1st, 1994 before me, Molly A. Hudspeth Notary Public, personally appeared Steven A..Gaines and Kevin L. Lybeck, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowl- edged to me all that'they executed the same in their authorized capacities and that by their signatures the entity upon behalf of which they acted executed the instrument. ry P`HUpsprt • 'stow' (t h WITNESS my hand and official seal. ; 0 •ass F+,e•,�y I. • Z• NOTARY,t Signature (seal) PUBUC l Molly A. Hudspeth, Notary Public trt q •. . ? 9-p5 � `.�Molly tthv`OPWAS_.. CALIFORNIA ALL-PURPO. ACKNOWLEDGMENT • 1 .;7./:c-- �•.,� .,_i c/ .i -:^-x:-. -t^i-•:^,r --c.c.." ti^M, ,^ . 'Y'..•^. F :"'-t{. r.,^ 'N'ti V-,:ct-r,,2::::in is 9 • n : State of California ' r: i S. F--'5. ounty of San Diego ' , er( %i < On December 6, 2001 before me. Iiancy I__Trnccn, Notary Public C. Date Name and Title of Otllcer leg "Jane Doe.Notary Public) rx S personally appeared _Anne Wright ?f/ 26 6 Names)of Sianerls) n.2 Y personally known to me— OR—D.proved to me on the basis of satisfactory evidence to be the person(s) 22 whose name(s) is/are subscribed to the within instrument '1 and acknowledged to me that he/she/they executed the n), �'. same in his/her/their authorized capacity(ies), and that by c his/her/their signature(s) on the instrument the person(s), �' c I ,+!"�M. NANCY I. TRUSSO or the entity upon behalf of which the person(s) acted. 2 T' b t tis COMM_k 1327166 1 executed the instrument. 2S aw NOTARY PUBLIC-CALIFORNIA g h SAN DIEGO COUNTY c „.'`r My Comm Exp.Oct.28.2005 I WITNESS my hand and official seal. z I? .\\\� • 13- VSignature o:No1a2;Pudic OPTIONAL < Though the Information below is not required by law, it may prove valuable to persons relying on the document and could prevent 5 fraudulent removal and reattachment of this form to another document. `,5 k Description of Attached Document a> t` Title or Type of Document: Bernd_ <n, Document Date: Number of Pages: < n S Signer(s) Other Than Named Above: �S LS Capacity(ies) Claimed by Signer(s) zl r, s1 Signer's Name: Anne Wright Signer's Name: > 6 ❑ Individual ❑ Individual 6 ❑ Corporate Officer =1 Corporate Officer 5 S Title(s): Title(s): �, ❑ Partner— L Limited 0 General ❑ Palmer—0 Limited 0 General n �;c: }In orney-n ac lI Attorney-in-Fact t 0 Trustee 0 Trustee tit 1'; _I Guardian or Conservator ' -1 Po RM toFSlrrt Guardian or Conservator s b.oeslcnas zea T ❑ Other: Top of;numb here —I Other: Top of thumb here ;S �: 5 h Signer Is Representing: Signer Is Representing: 6 h Contractors Bonding and 6 6 Insurance C-.-:c C ,„cc'C4�ci,:rr.e:c,ta-,c Company'-c..c. .c,. -'Gcyc,-; .C,'C4:J.;' ' ' -GCk.i,:. .,`GC;GC.'C4'C hey, `CCcc<-- ycc•C-C.'GC;K,;,- 'G.:-c.'ccx.4'C(cz.),,, r ©1995 National Notary Association•8236 Remmet Ace E0.Box 7184•Canoga Perk.CA 9130.9 7164 Prod_No.5907 Reorder:Call Toll-Free 1-800-876-6827 • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECT OR WORK: L.A►-IPSonl IIJsk1U L l.IsseLL REMOJA L Indemnitor(s) (list all ames): ( c•vi— Co R ST l C.-t+-t"i wS�1 c- To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indenmify, 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 Indenmitees and shall operate to frilly 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 Indenmitees 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) lndemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a)or(b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims,losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "I mnitor" Name 'C • Name: ' By: =. La —fsf _ By: Its Its 9 • • Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: • "Principal" "Surety" By: By: Its Its By: By: 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. 8 • • AGREEMENT TO COMPLY WITHCALIFORNIA LABOR LAW'REQUIREMENTS [Labor Code§§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861,37001 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." ,(f� Date I - 2,3- 20O 1 Signature GM+�-� ` , et‘?""--e 10 • STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business &Professions Code § 7028.15] [Public Contract Code§ 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below(required at time of award) : Business &Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a hid 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 • lI • • 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.: 6*O 1G-8 Class: cis Expiration_date: S -31 - zoo z. Date I 'ZS ' LAO 1 Signatu O re w- 2 • 12 • • • INSURANCE REQUIREMENTS FOR CITY OF SEAL BEACH PUBLIC WORKS CONTRACT LIABILITY INSURANCE The Contractor shall at all times during the terms of the Contract carry, maintain, and keep in full force and effect a policy or policies of comprehensive general liability insurance in which the City, along with its City Council and each member thereof, and every officer, official, agent, attorney, employee or volunteer of the City, is the named insured or is named as an additional insured with the Contractor in accordance with the General Provisions. The insurance company issuing such policy(ies) must be acceptable to, and approved by, the City Engineer and City Attorney. Contractor shall maintain limits of no less than One Million Dollars ($1,000,000) combined single limit coverage per occurrence for personal injury or death or property loss or damage which may arise from or relate directly or indirectly to the acts, operations or omissions of the performance of the Contractor and/or its subcontractors and/or the employees, agents, officers, officials or volunteers of either, in the performance of this Public Works Contract. Such insurance • shall include coverage for all automobiles utilized by Contractor's or any subcontractor's employees or agents in the performance of the Contract. Contractor shall also provide an'endorsement in the forms included in Book II. • • • r . 13 • Page Intentionally Left Blank • 14 • • WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS,the CITY OF SEAL BEACH has required certain insurance to be provided by NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time. 1. This certificate is issued to: CITY OF SEAL BEACH, City Hall, 211 EIGHTH STREET, SEAL BEACH, CA 90740-6379. 2. The insureds under such policy or policies are: 3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds, as follows: POLICY NUMBER • EFFECTIVE DATE EXPIRATION DATE 4. Said policy or policies shall not be canceled, voided or reduced in coverage or limits of liability, unless and until thirty days' advance written notice thereof has been served upon the City Clerk of the CITY OF SEAL BEACH. By: Its Authorized Representative 15 FROM : WEST COAST CONCRETE , FRX NO. : 562 529 2907 Soy. 29 2001 09:53RM P3 WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the CITY OF SEAL BEACH has required certain insurance to he provided by State Fund NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time. 1. This certificate is issued to: CITY OF SEAL BEACH, City Hall, 211 EIGHTH STREET, SEAL BEACH, CA 90740-6379. 2. The insureds under such policy or policies are: West Coast Concrete Cutting Inc. 3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds,as follows: POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 1645772-01 08/16/2001 09/28/2002 • 4. Said policy or policies shall not be canceled, voided or reduced in coverage or limits of liability, unless and un thirty days' advance written notice thereof has been served upon the City Clerk of the CITY OF S BEACH. • By: r Its Aut n Representative Daniel Brock • U FROM WEST COAST CONCRETE • FAX NO. : 562 529 2907 •ow. 29 2001 09:53AM P4 • ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY West Coast Concrete Cutting, Inc. — 9206 Rosecrans Ave — Bellflower, Ca 90706 Name and address of named insured("Named Insured"): Northern Assurance Company of America — One Beacon Street — Boston, Ma 02108 Name and address of Insurance Company("Company"): OFFICIAL.TITLE OF PROJECT: Lampson Ave — Wall Removal • 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: 1. The City of Seal Beach, its elected officials, officers, attorneys, agents, 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 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.c., 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 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 thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in hull force and effect until compliance with this notice requirement. i. 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 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 given hereunder shall be sent to Public Agency at: Director of Public Works City of Seal Beach 211 8th Street Seal Beach CA 90740 • 16 • FROM WEST COAST CONCRETE • FAX NO. : 562 529 2927 'ov. 29 2001 09:54AM PS 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall he held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to h which Occurance/Gen Agg. endorsement is attached. • LIMITS OF TYPE OF COVERAGES TO WHICH POLICY PERIOD LIABILITY 1,000,000/2,000,000 THIS ENDORSEMENT ATTACHES PROM/TO 09/18/2001-9/'18/02 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions • relate to the above coverages. Includes: • Contractual Liability Explosion Hazard Owners/Landlords?cnants Collapse Hazard Manufacturers/Contractors Underground Property Damage Products/Completed Operations Pollution Liability Broad Form Property Damage Liquor Liability Extended Bodily Injury Broad Form Comprehensive General Liability Endorsement 12. A deductible or self-insured retention (check one) of'S 1,000 applies to all cbverage(s)except: (if none, so state). The deductible is applicable per claim or per occurrence (check one). 13. This is an COP or claims made policy(check one). 14. This endorsement is effective on 09/18/2001 at 12:01 A.M. and forms a part of Policy Number CPPI249E179 • I, Daniel Brock (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. Executed Septembeerr: 18 2001 s nature of Authorized Representative Daniel Brock (Original;signature only; no -facsim-ile signature or initialed signature accepted) Phone No.: ( .916) 369 8793 • • • 17 FROM WEST COAST CONCRETE • FAX NO. : 562 529 2907 Skov. 29 2001 09:54AM P6 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY West Coast Concrete Cutting Inc. — 9206 Rosecrans Ave — Bellflower, Ca 90706 Name and address of named insured("Named Insured"): Northern Assurance Company of America — One Beacon Street — Boston., Ma 02108 Name and address of Insurance Company("Company"): OFFFICAL TITLE OF PROJECT: Lampson Ave — Wall Removal • 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: The City of Seal Beach, its elected officials,officers, attorneys,agents,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 assessments_ under the Policy. 1. 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. 2. 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. 3. 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. 4. 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 or executed in conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds. 5. 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, riot 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 hill force and effect until compliance with this notice requirement. 6. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from alb 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. 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. 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 • 7 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. 18 • • • • FROM : WEST COAST CONCRETE FAX NO. : 562 529 2907 ov. 29 2001 09:56AM P1 • • TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY ' • • • Scheduled,items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: Any Automobiles Truckers Coverage All Owned Automobiles • Motor Cartier Act Non-owned Automobiles Bus Regulatory Reform Act Hired Automobiles Public Livery Coverage Scheduled Automobiles Garage Coverage I1. A deductible or self-insured retention (check one) of S None applies to all coverage(s) except: (if none,so state). The deductible is applicable per claim or per occurrence(check one). 12, This is an occurrence or claims made policy(check one). 09/18/2001 13. This endorsement is effective on • at 12:01 A.M. and forms a part of Policy Number BA 0349576 . I, (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. • • E}xeccutteemod//7eptemjbeerr 18 2001 $ig turfs re nthofize epresenta Daniel Brock ' (Original signature only; no facsimile signature or ' initialed signature accepted) Phone No.: ( 916 )369 8793 • 19 •