HomeMy WebLinkAboutAGMT - Ziebarth, F.T. Company (Demo of Well No. 7) 0 1.
RECORDING REQUESTED BY
Recorded in Official Records, Orange County
Tom Daly, ClerkRecorder
AND WHEN RECORDED MAIL TO II1II11II11IIIiLIII IgliilkIVIII iittll 'III tit�d�tV!i ii; FEE
CITY OF SEAL BEACH
Attn: City Clerk 2005000588585 08:11 am 07/29/05
211 8th Street 106 67 N12 2
Seal Beach, CA 90740 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Space of above this line for Recorder's use. i A
*** No Recording Fee Pursuant to Government Code Section 6103,27383 ****
VP
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093,must be filed within 10 days after completion.
\\t/ j
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 01)
property hereinafter described:
2. The full name of the owner is: City of Seal Beach
3. The address of the owner is: City of Seal Beach, 211 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 July 8,2005.The work
was: Demolition of Well No.7,Project#50072.
6. The name of the contractor, if any,for such of improvement was: F.T.Ziebarth Company. The date of
the Contract was: February 14, 2005.
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:Demolition of Well No. 7.
Date: 07-0W - &b
Sign ure o er or corporate officer of owner
named in pa graph 2 or his agent.
ASSOCIATE 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 I:417 L(O ,20 05,•at Seal Beach,California.
(Date of Signature) , ., „ _ - .,. ` . ' ..
Direct r of Pu tic Works/City Engineer
Exhibit A
•
•
DEMOLITION OF WELL NO. 7 PROJECT
For THE DEMOLITION OF WELL NO. 7 PROJECT, in the City of Seal Beach.
THIS AGREEMENT, made and entered Into this p- day of , 200 f, and between the
City of Seal Beach, California. hereinafter referred to as the "CITY," Party of the First Part, and
Ziebarth Company hereinafter designated as the
"CONTRACTOR," Party of the Second Part.
WITNESSETH: That the Parties do hereto mutually agree as follows:
ARTICLE L 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 the DEMOLITION OF WELL NO. 7
PROJECT, 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 he
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.
R:iSPECS\Seal Beach. C ty of\well No 7\Specs (Sept 041 CONTRACT DOCUMENTS - I3(X)K 11 01-111
1
•
IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above
written.
CITY OF SE • • • CH, C RNIA
Party of th •,�
BY
City Mana'
A ST:
Cit Clerk F. T. Z TH ANY
BY
CONT - Party of the Second Part
R.P. Ziebarth. President
Title
P.O. Box 4173 Fullerton CA 92834 -4173
Address
R .%I'LCS \Seal Reach. Gn 1.11\A CH hu 7:Spccc (Sept 04 1 CONTRACT DOCUMENTS - BOOK 11 OF 111
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\ State of CALIFORNIA
•
County of oRANGE
On March 3, 2005 before me. DIANE M. TAYLOR. NOTARY PrTRT,TC
DATE NAME.TIRE OF OFFICER•EG..'JANE DOE.NOTARY PUBLIC
personally appeared R.P. ZI ARTH
` NAME(S)OF SIGNER(S)
(1\ f{personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
ti to be the person,(-) whose nameja) is/afe
subscribed to the within instrument and ac-
k knowledged to me that he/sii*/Skley executed
the same in his/her/their authorized
> " 0»O>s atH>e>o>eePNe>Ji00aPP00
capacity( , and that by his/�xe#tttr C
\ x DIANE r,I.T.�YLOIi r signature on the instrument the person XI,
Rill " ��, COMM ft 1360076
, , NDTaRANGEGlAiNTRrIIA or the entity upon behalf of which the
',a- e ORANGE COUNTY -
a ,. MycommiamCUPS�U�eaoZoI. ;
person acted, executed the instrument.
.°.>.7,;.;.,R.eao»e>»s>e»eee..0.00.104»eeo>e
WITNESS my hand and official seal.
1 LagiLL Ac>GQ '
t( SIGNATURE OTARY
1 OPTIONAL
1 Though the data below is not reauired by law. q may prove valuable to persons relying on the document and could prevent
1 fraudulent reanacnment of this form.
tiCAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
1 ❑ INDIVIDUAL
1 Q CORPORATE OFFICER
PRESIDENT TITLE OR TYPE OF DOCUMENT
kTIRES)
k ❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
k ❑ ATTORNEY-IN-FACT NUMBER OF PAGES
1 ❑ TRUSTEE(S)
1 ❑ GUARDIAN/CONSERVATOR
❑ OTHER: DATE OF DOCUMENT t1,1
REPRESENTING: ,
1 SIGNER IS
NAME OF PERSONISI OR ENRTYIIESI
F T 717Va^" m'm'T'~ SIGNER(S) OTHER THAN NAMED ABOVE 1`
1 l
lrJJflJ/
„9_? :...,L •.�T:R ASSOCIATION•8236 Remmel Ave.. P.O. Box 7184•Canoca Park.CA 91309-7184
• I •
Premium for contract term
and is subject to adjustment
based on final contract price
Bond No, 212 62 90 -
Premium:$1,686.00
Three Original Counter Parts
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach. has awarded F.T. ZIEBARTH CCMPANY
920 EAST WALNUT AVENUE FULLERION CA 92831-4534
(Name and address of Contractor)
("Pnncrpal-•).a contract the "Contract-) for the work described as follows:
DEMOLITION OF WELL NO. 7 CITY PROJECT NUMBER 50072
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
• Insurance Company of the West
17852 E 17th Street#111,Tustin,CA 92780
(Name and address of Surety)
•
("Surety-) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound
unto the Public Agency in the penal sum of ONE Hf1Nf)RPD VrF1W—THRF'.R .TUOUSntvnr ZagREE egg
DOLLARS AND NO _CENTS - Dollars $ 1 S 300 nn ), 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 pan 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.
N
• PFCS'Sral Beach-C.,.oA\W ell No 'Specs;Sm. '041 CONTRACT DOCUMENTS-BOOK it OF 111
•
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 he 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 representatives)pursuant to authority of its governing body.
Dated:
"Principal" "Surety'
F.T. ZIEBARTH COMPANY Insurance Company of the West
AO
By �1"--- By: , S WF".
' PRESIDENT I : ea :7.-: fiel, , .Oiy in Fact
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.
1< . 'EC s Ccni nca:h.Cu.of N cI',. 'SITCa I Sept 'IN 1 CONTRACT DOCUMENTS-noox II OF III
GALIrvnnan .....• • ..••• .-----
1 State of CALIFORNIA • •
County of ORANGE
On March 3, 2005 before me. DIANE M. TAYLOR, NOTARY MALT('
R _
S DATE NAME. rrTLE OF OFFICER-E.G..'JANE DOE.NOTARY PUBLIC
personally appeared R.D. Zfl.:ARTH
1 NAME(S)OF SIGNER(S)
uc#personally known to me - OR - _ proved to me on the basis of satisfactory evidence
1 to be the person,(-8') whose name(Z) isre
subscribed to the within instrument and ac-
k knowledged to me that he/she/Shay executed
gthe same in his/her/their authorized
8 capacity(iz , and that by his/ e#i r +r:
1 signatureJ,$) on the instrument the person
a>aaeaaaaaahriva...>eoccoaaa ,. ,.
` °�'-"� bIANF nt zA.��' � '" or the entity upon behalf of which t e
1 iL _ COMM #.136007.81:. D
`0 N' r NOTARY PUBLIC-CALPoW„,A m persons acted, executed the instrument.
1 a '\c,il? ORANGE COUR TY f
..,:,.:yxA sh".,._- rii3iau Expire;:!Jne??,2006 q
ti WITNESS my hand and official seal.
SIGNATURE OF No RY
1
o
o OPTIONAL
Though the aata below is not required by law. It may prove valuable to persons relying on the document and could prevent
fraudulent reattacnment of this form. •
oCAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o
❑ INDIVIDUAL
A ` CORPORATE OFFICER
`\` SIDENT TITLE OR TYPE OF DOCUMENT
11 TTTLE(SI
\\ ❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
$ ❑ TRUSTEE(S)
1 q CI GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT 11
l`` SIGNER IS REPRESENTING: g
1 NAME OF PERSON'S)CR ENTITY/1E5i
1 F T 71T2"' rr,•,ro;rti' SIGNER(S) OTHER THAN NAMED ABOVE 1
1 1 llJ.rllJfr1rl1JjlrJ1J11lJJJlJf J
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71993::A 7':NA L ..0 7 ARY ASSOCIATION•9236 Remmet Ave.. P.O. Box 7184•Carioca Pam.CA 91309.1194
• •
STATE OF California
SS.
COUNTY OF Riverside
On March 3rd,2005 ,before me, Charles T. Irvin
PERSONALLY APPEARED George J.Burchfiel
personally known to me(or proved to me on the basis of satisfactory
evidence)to be the person(s)whose name(s)is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
• the same in his/her/their authorized capacity(ies),and that by his/her/their
signature(s)on the instrument the person(s),or the entity upon behalf
of which the person(s)acted. executed the instrument. i E t:1k CHARLES T. IRVIN I
f COMM.#1404891
WITNESS my hand and official seal. Q hh✓,C t DE TY
I1;;;;T My Comm.Ees.I sah 11.2007'
Signature e^- _r ~
This area for Official Notarial Seal
OPTIONAL
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.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
ME(5)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)oR ENIIrY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
10-1232(REV.5101) ALL-PURPOSE ACKNOWLEDGEMENT
•
Premium for contract term • •nd Number: 2126290
and is subject to adjustment PAYMENT BOND Premium:is included in the Performance Bond
based on final contract price (LABOR AND MATERIALS) Three Original Counter Parts
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach. has awarded to F.T. ZIE33AARTTH COMPANY
920 EAST WALNUT AVENUE FULLER CN CA 92831-4534
(Name and address of Contractor)
("Principal"). a contract(the "Contract") for the work described as follows:
DEMOLITION OF WELL NO. 7 PROJECT
WHEREAS. Principal is required under the terms of the Contract and the California Civil Code to secure the payment
of claims of laborers, mechanics. materialmen,and other persons as provided by law.
NOW,THEREFORE. we. the undersigned Principal,and
•
Insurance Company of the West
17852 E 17th Street#1 11,Tustin,CA 92780
(Name and address of Surety)
('Surety') a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound
unto the Public Agency in the penal sum of One Hundred Fifty—Three Thousand Three Hunrirailollars
(5 153,300.00 ) this amount being not less than fifty percent (50%) of the total contract.price, in
lawful money of the United States of America. for the payment of which sum well and truly to be made, we bind
ourselves. our heirs, executors.administrators,successors,and assigns,jointly and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION 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 13(20 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 inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to
give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this
bond. Surety further agrees to pay all 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
k 51'I.t'SScI Hra.-n.lug r l`-rlrli`:r ThEs-,I sent '(i4i CONTRACT DOCUMENTS-1100E1101111
•
•
the same. shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change,
extension of time, alteration, addition. or modification to the terms of the Contract or to the work or to the specifications
thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849.
IN WITNESS WHEREOF. two (2) identical counterparts of this instrument, each of which shall for all purposes be
deemed an original hereof. have been duly executed by Principal and Surety, on the date set forth below, the name of
each corporate pany being hereto affixed and these presents duty signed by its undersigned representative(s)pursuant to
authority of its governing body.
Dated:
"Principal" "Surety"
F.T. ZIEBI,RTH COMPANY Insurance Corn!..�of the West
By: � ..ire
By: i�_ �,
1/ President . •rg; r tel, tr Fact
Bv: 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.
•
•
R .s i'l'l s5eal Ih9GG.CII ir'ucliN `titt'c'%1Sepl l4i CONTRACT DOCUMENTS-NOOK II OF 111
. �����rillJlflJJJ
CeJJJJJrsr- J J J .
State of CALItORNIA • •
County of ORANGE
1 On [larch 3, 2005 before me. DIANE M. 'TAYLOR. NOTARY PITRT,TC
DATE NAME.TITLE OF OFFICER•EG..'JANE DOE.NOTARY PUBLIC
5k personally appeared R.P. ZIEBARTH
kNAME(S)OF SIGNERS/
k afpersonally known to me - OR - I proved to me on the basis of satisfactory evidence
to be the person,( 1 whose name(s) is/ate
S subscribed to the within instrument and ac-
knowledged to me that he/sFr /Skrey executed
k the same in his/her/their authorized
capacity(i25:), and that by hisOsettlierrgc
tisignatureLs) on the instrument the persons,
I«r°°'°°°....tnNT ���itirl or the entity upon behalf of which the
k COMM it 1360078 m person acted, executed the instrument.
notArit dc( rAUroR IA x P
`� �! ��T•'\, nRArl�ECOUrIty
1 tli ib My Cnnlm ssia,txp:as Jun 30 Me
t , -*naY M ->
kl 1,i.%4444444•?. OL. . aaoaeax .i).:,e4.
1 k∎ WITNESS my hand and official seal.
1 SIGNATURE OF NOT Y
k
OPTIONAL
,
k Though the aata Below is not required by law. It may prove valuable to persons relying on the document and could prevent
1, fraudulent reattacr:ment cf this form.
tiCAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
E INDIVIDUAL
1 CORPORATE OFFICER
\ PREEIDa rf TITLE OR TYPE OF DOCUMENT
k17TLEISI
k ❑ PARTNER(S) Li LIMITED .
1 L_ GENERAL
E ATTORNEY-IN-FACT NUMBER OF PAGES
E TRUSTEEiSI l
k E(--I GUARDIAN;CONSERVATOR 1
1 E OTHER. DATE OF DOCUMENT 5
k
1 SIGNER IS REPRESENTING: 1
t NAME OFPERSONI SI CRENmnnESI
5 p T „f..r2 r.•.1' SIGNER(S) OTHER THAN NAMED ABOVE 1
L 1
JJJlJJlfJJJlJJJJ-TJJ1l'�f�J�•
:19g3 NAT:NAL '.NARY ASSOCIATION•8236 Rommel Ave.. P.O.Box 7184•Canoga Panc.CA 91309.7184
•
•
STATE OF California
SS.
COUNTY OF Riverside
On March 3rd,2005 , before me, Charles T. Irvin
PERSONALLY APPEARED George Burchfiel
•
personally known to me(or proved to me on the basis of satisfactory
evidence)to be the person(s)whose name(s)is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
• the same in his/her/their authorized capacitv(ies),and that by his/her/their
signature(s)on the instrument the person(s), or the entity upon behalf ���-------�
of which the person(s)acted, executed the instrument. am`c�- •s CHARLES T. IRVIN
EE /7. . COMM.#1404891
"'�"►l NOTARfFAUC-GUFORMA
WITNESS my hand and official seal. Q ���rC
- My Conn.Exp.March 11,2007
Signature • l- i _
This area for Official Notarial Seal
OPTIONAL
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.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT •
fiRE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONS)OR ENT1TY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT
• •� No. 0002064
ICW GROUP
Power of Attorney
Insurance Company ofthe West
The Explorer Insurance Company Independence Casually and Surely Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The
Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation
duly organized tinder the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint
GEORGE.1.BURCUFIEL,SUZZANNE D.BURCHFIEI.
their true and lawful Attorney(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,
and other similar contracts of suretyship,and any related documents.
In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 16th day ofJannary,2001.
4:;4"/Yp^, _ `NSO� �10vM� NSURA\CE COMPANY OF THE WEST
,,,00"47 s e xrDn rFyF 6 fi �g THE EXPLORER INSURANCE COMPANY
SEAL n z �� K INDEPENDENCE CASUALTY AND SURETY
t1 \W,yar.tm j ,al i ` /a\� COMPANY
\\\\ Ox D \\ a
,Agotgtar.„..„
John H.Craig,Assistant Secretary John L. Hannum,Executive Vice President
State of California _
S5.
County of San Diego
On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L. Hannum and John H.Craig,personally known to me to be
the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by
their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument.
g _ Witness my hand and official seal.
.g ,a! +A MARY C08& pp �, ��- d6 �,s
<.t15s• COMM.41321341 �. 064-66
rn y7lt ^OSANDEGO COUNTY- :l
(.3•``` . ,F, MY Commission Expires 0
�a.� ;SEPTEMBER 20,:2005 Mary Cobb,Notary Public
IL RESOLUTIONS
This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attorney(s)-in-Fact to date,execute,sign.
seal,and deliver on behalf of the Company, fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity
and current status of the appointment,maybe facsimile representations of those signatures;and the signature and seal of any notary,and the
seal ofthe Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing,or
photocopying."
CERTIFICATE
I,the undersigned.Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do
hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies,and are now in full force.
IN WITNESS WHEREOF, I have set my hand this _IA day of March _ 2005
•
_ John H.Craig,Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-8.00-877-I l l I and ask for the Surety Division. Please refer to the Power of Attorney Number.
the above named individual(s)and details ofthe bond to which the power is attached. For information or filine claims,please contact Surety Claims,ICW Group,
11455 El Camino Real,San Diego,CA 92130-2045'or call(858)350-2400. _ -
• •
I.C.W. GROUP
Insurance Company of The West
The Explorer Insurance Company
Independence Casualty and Surety Company
11455 El Camino Real,San Diego,CA 92130-2045
P.O.BOX 85563,San Diego,CA 92186-5563
(858)350-2400 FAX(858)350-2707
www.icwgroup.com
Bond Number: 212 62 90
Terrorism Risk Rider
This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002.
In accordance with the above Act, we are providing this disclosure notice for all bonds on which
one or more of the above identified companies is a surety.
Coverage for certified acts of terrorism is included in the attached bond' and will be partially
reimbursed by the United States under a formula established by the Act. The United States will
pay 90% of covered terrorism losses in excess of a statutory established deductible to the
insurance company issuing the bond.
In no way will the payment for loss on this bond exceed the limit of liability under this bond.
This rider does not provide coverage for any loss that would otherwise be excluded by the terms
of this bond.
The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism
under the Act is One Dollar($1.00).
Important Notice: The cost of terrorism coverage is subject to change on any bond that
premium is charged annually.
•
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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 hid 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 § 20)03.5] 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 (54.500). 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 he 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 hid 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 hid.
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 hid 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 shall he deemed sufficient.
Public Contract Code § 20103.5:
CONTRACT DOCUMENTS-BOOK ii OF 111
R:\SPECS6eal Beach.City onwell No.7\Specs(Sepl..W)
•
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AGREEMENT TO COMPLY WITH
CALIFORNIA LABOR LAW REQUIREMENTS
[Labor Code §§ 1720, 1773.8, 1775, 1776,1777.5,1813, 1860, 1861,3700]
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the
Following provisions of California law: •
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 he hound 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 (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 subcon-tractor 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."
F2.4% ANY
Date 1 2005 Signature /
IEBARTH, PRESIDENT
K`SPECS'Ea1 Bach.Cu.nt\wcll No 'Specs(Sept 011 CONTACT DOCUMENTS-BOOK II OF 111
•
•
•
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
DEMOLITION OF WELL NO.7 PROJECT •
Indemnitor(s) (list all names):
F.T. ZIEBARTH COMPANY
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect,
indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees,
volunteers. successors. and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses,
liabilities.claims,demands, causes of action,proceedings,expenses,judgments,penalties,liens, and losses of any nature
whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith
(collectively "Liabilities"), arising or claimed toarise,directly or indirectly,out of,in connection with,resulting from, or
related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees,
subcontractors. materialmen. suppliers or their officers, agents, servants or employees, arising or claimed to arise,
directly or indirectly, out of. in connection with, resulting from, or related to the above-referenced contract, agreement,
license,or permit(the "Agreement") or the performance or failure to perform any term,provision,covenant,or condition
of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior,
concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees
against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition
to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition
precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an
Indemnitee shall he conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor
shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision.
Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole
negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a)
or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to
Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance
coverages which may have been required under the Agreement or any additional insured endorsements which may
extend to Indemnitees.lndemnitor, on behalf of itself and all parties claiming under or through it,hereby waives all rights
of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims,
losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor
regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is
more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and
conditions under this instrument shall be joint and several.
"Indemnitor"
Name F.T. ZIEBARTH COMPANY Ne:
Bv: amBy:
• SIDENT Its
R'%SPECS\SwI Bach.civ oAWeII No.TSpecs(Sept_ 041 CONTRACT DOCUMENTS-BOOK II OF III
t - +
AC.ORD CERTIFICA OF LIABILITY INSURAI� DATE (MMIDD/YYVY) E 03/03/2005
PRODUGcii; (909) 629 - 8444 FAX (909) 629 - 8244 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Risk Transfer Associates Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
RTA Pacific Coast Surety ALTER R THE OVERAGE AFFORDE T POLICIES BELOW.
1517 E. Grand Avenue
Pomona, CA 91766 INSURERS AFFORDING COVERAGE NAIC #
INSURED FT Z i ebarth Company INSURER& N I C Insurance Company
PO Box 4173 INSURER B: Clarendon National Ins. Co.
Fullerton, CA 92834 INSURERC. RSUI Indemnity Insurance Co.
INSURER D: ACE Property and Casualty Ins.
INSURERS: Great American Insurance Co
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I I % TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE POUCY EXPIRATION UNITS n&. pluiniwy mar (mummer)
GENERAL UABIUTY GS410267 05/12/2004 05/12/2005 EACH OCCURRENCE S 1,000,000
X COMMERCIAL GENERAL uABiuTY DAMAGE TO RENTED S 50,000
PRFYICFS (FA net
CLAIMS MADE I X I OCCUR MED EXP (Any one Person) _ $ 5,000
A PERSGNAL S ADV INJURY S 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE UNIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2,000,000
-I PoucYn rEc n w
AUTOMOBILEUABILm PA10106496 05/12/2004 05/12/2005 COMBINED SINGLE UNIT $
ANY AUTO (Ea aCident) 1,000,000
ALL OWNED AUTOS
BODILY INJURY
$
X SCHEDULED AUTOS (Per Person)
B X HIRED AUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE S
(Per aeerdent)
GARAGE UABRTIY AUTO ONLY - EA ACCIDENT S
ANY AUTO EA ACC $
OTHER THAN
AUTO ONLY. AGG S
EXCES&UMBRELLAUABIUTY NHA211802 05/12/2004 05/12/2005 EACH OCCURRENCE s 9,000,000
OCCUR I CLAIMS MADE AGGREGATE r S
C $
DEDUCTIBLE S
RETENTION $ $
WORKERS COMPENSATION AND X I TOR I FR
EMPLOYERS' LABILITY C43702956 08/24/2004 08/24/2005 E.L EACH ACCIDENT S 1,000,000
D ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE S 1,000,000
It yes.deecnbe under
SPECIAL PROVISIONS below E.L DISEASE - POUCY UNIT $ 1,000,000
I TIIER Marine / MAC 6584935 05/12/2004 05/12/2005 Rental Equipment
E Property $100,000 Maximum Limit for
Short Term Rental
DESCRIPTION OF OPERATIONS / LOCATIO S / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
roj ect : Demolition of W e l I No. 7
It is hereby understood and agreed that the City of Seal Beach, its city council and each member
thereof, and every officer, o f f i c i a l , agent, employee or volunteer or City shall be named as jointly
and severally insured as respects claims arising out of the project.
*10 Day Notice For Non - Payment
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENBCAVCR4 -MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
Director of Public Works
City of Seal Beach
211 8th Street
Seal Beach, CA 90740 A 1 *, , f _ rAi 1
ACORD 25 (2001/08) @ ACORD CORPORATION 1988