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HomeMy WebLinkAboutAGMT - BNB Engineering Inc. of c!9,97 4.e�( GrJ • Public Works Contract MARBLE COVE SEWER LINE EXTENSION For MARBLE COVE SEWER LINE EXTENSION, in the City of Sea! Coach. THIS AGREEMENT, made and entered into this 9th day of N ovember , 19 98 , by and between the City of Seal Beach, Califomia, hereinafter referred to as the "CITY," Party of the First Part, and BNB ENGINEERING, INC. 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 MARBLE COVE SEWER LINE EXTENSION, 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 expanse 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 IL 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 11I. 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. CONTRACTOR TO SUBMIT UPON AWARD: D•2 FY 97-98 MAIN STREET IMPROVEMENT PLAN 4 • 111 4 • ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and th Drawings mentioned therein, and all addenda issued by the CITY with respect to tt 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 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above written. CITY OF SEAL BEACH, CALIFORNIA Party of the Fi r • BY /L • City Manager ST: BNB ENGINEERING, INC. if Clerk 40.14„i BY , CONTRACTOR - Party of the Second Part Steve R. Bieber PRESIDENT Title 2602 S_ Ha 11 at1ay Strut Address Santa Ana, CA 92705 • • CONTRACTOR TO SUBMIT UPON AWARD: D3 FY 97-98 MAIN STREET IMPROVEMENT PLAN i, CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT No.5907 �`�".- i'= _.%"..Y./ - l�l..11J1l :'!ff�"l'. -f�..Yl� ..%� l._%"l _!l mil. . �f� ..:^.l.,%X -✓"�� ` 1 �� State of 0 0 County of _ to • i '1 On - before me, . 0 I A .. , DATE NAME, ITL OF OFFICER - E G , "JANE DOE, NOTARY PUBLIC" Alb persona appeared A ! . • 1 ' .•' , kl 1 N AME(S) OF SIGNER(S) ` personally known to me - OR - El proved to me on the basis of satisfactory evidence to be the person whose name441 isr-e, subscribed to the within instrument and to me that he>iexecuted the same in hisfI.ij - ai.l_authorized k\ capacity(i.e€4,- andthat by his o signature('$ - writhe instrument the person(s 0 or the entity upon behalf of which the person(s)- acted, executed the instrument. r JUDY A. CALDWELL It r 41 E -_ ;: N � co c 1� 4 IT ESS ' n y hand and official seal. . , 1 ORAN CO UNN1 California 0 - / COMM des MAY 25.1090 _ thi i _ i i SIGNATURE OF NOTARY 6 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent o fraudulent reattachment of this form. 0 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o ❑ INDIVIDUAL ❑ CORPORATE OFFICER 0 ti 1 TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑' GENERAL o ❑ ATTORNEY -IN -FACT NUMBER OF PAGES 0 ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR 6' ❑ OTHER: 6 DATE OF DOCUMENT 0 0 I � SIGNER IS REPRESENTING: 0 l NAME OF PERSON(S) OR ENTITY(IES) • SIGNER(S) OTHER THAN NAMED ABOVE r%l:!_i.'..: %J --f-% - _-- i.'Xl:-..: f..,i._%.%" —._. - , f��,%_ --- .i =l.✓`X.:' =X- .:rff —,.) -- !l..l %JJJ. ---.. 1f..%.,.:ll ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 +, : • • • Bond No. B98016675 PREMIUM $575.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded BNB Engineering Inc. 2602 S. Halladay Street Santa Ana, CA 92705 • (Name and address of Contractor) ( "Principal "), a contract (the "Contract") for the work described as follows: Prolect # 817 Marble Cove Sewer Line Extentinn WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE, we, the und�edInsurance and tsonding • �n hT WAQ• ctrePt Visalia cA 93279 -•— = -- (Nam and address of Surety) . ("Surety') a duly admitted surety insurer under the laws of the State of California, as ult3 ►,, are he's. and' firmly bound unto the Public Agency in the penal sum of * Twen three thousan � And. f 1 abs . * • Dollars ($ 23, 000.00 ), this amount being not less than the total t .inirect p:ice, in Iawfu = =- money of the United States of America, for the payment of which sum w(si!:and truly. tra'h' made, we bind ourselves, our heirs, executors, administrators, successors, and assigi 'jcii Iy 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 attomeys' 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 CONTRACTOR TO SUBMIT UPON AWARD: D.4. FY 97 -98 MAIN STREET IMPROVEMENT PLAN • • y ~ 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 Califomia Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the • name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: 11/16/98 "Principar "Surety' BNB ENGINEERING INC. ULICO CASUALTY COMP. Y , e 4111Frie y r By �►Y ) By P. S RP, AT • •N FACT Its Steve R. Bieber, President 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 attomey-in-fact must be attached. • • CONTRACTOR TO SUBMIT UPON AWARD: D.5 FY 97-98 MAN STREET IMPROVEMENT PLAN . • ULICO CASUALTY COMPANY 039 111 Massachusetts Avenue, N.W. Washington, DC 20001 • ❑ ❑ ❑ ❑ ❑ POWER OF ATTORNEY Know All Men By These Presents: That Ulico Casualty Company, A Delaware Corporation, having its principal office in Washington, DC, pursuant to the following resolution, adopted by the Board of Directors of the Corporation effective on the 28th day of January, 1993: RESOLVED: "'That the Chairman and Chief Executive Officer be, and hereby is, authorized to execute Powers -of- Attorney, qualifying the attorney named in the Powers -of- Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the Corporation, in the transaction of its surety business." RESOLVED: "That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Power -of- Attorney or to any certificate relating thereto by facsimile, and any such Power -of- Attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: Donald P. Sharp, Janie Carmen and Betty Jo Peacock of Sharp Insurance Agency, Inc. of Visalia, in the State of California, its true and lawful Attorney(s )-in -Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED THREE MILLION ($3, 000, 000.00) DOLLARS; to bind Ulico Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company, and all the acts of said Attorney(s )-in -Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporate seal to be affixed this 1st day of September, 1997. This Power of Attorney is void unless the seal is readable, the text is in black ink, the signatures are in black ink, this notice is in red ink, and if attached to a document executed subsequent to January 1,1999. • Ulico Casualty Co s District of Columbia ss: in( SEAL / i By: „� .;. , ` �• i 1 - \,\ E, w j 7 bert A. Georgine, Cita' • d Chief Executive Officer On this 1st day of September, 1997, before the subscriber, a Notary Public of the s: trict of Columbia, duly • T oned and qualified, came Robert A. Georgine of Ulico Casualty Company to me personally known to be the individual and o cer described therein, and w • executed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in the preceding instrument, is now in force. In Testimony Whereof, I have hereunto set my hand, and affixed my official seal at Washington, DC the day and year above written. 'NOTARY By: I eA/ ir • PUBLIC ' ry Public , Nfibny mbia ire x ' ps M arch , 200 I, Joseph A. Carabillo, Assistant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of the corporation ' 1 6TH day of NOVF'.MRFR ,199 R . r u 0�4° ` By, "1a ��''�� _ (� SEAL ,_� /. '• . Carabillo, Assistant Secretary 4111 , 1 UCB- 102 -POA1 (09/94) ® 40021 ti i' CALIFORNIA ALL- PURPOSECKNOWLEDGMENT • No 5907 ( �flllo/ lflfllll- llflllllflll-//f lf�l lflflfZ/W. /lllllfllJ��/lllll./lllllflll " 1 1 State of CALIFORNIA 0 • County of T ULARE 0 \ On 11/16/98 before me, ELIZABETH J. CARMEN, NOTARY PUBLIC , } DATE NAME, TITLE OF OFFICER - E G , `JANE DOE, NOTARY PUBLIC" personally appeared DONALD P. SHARP , NAME(S) OF SIGNER(S) 1 C personally known to me - OR - El proved to me on the basis of satisfactory evidence ti to be the person(s) whose name(s) is /are 0 subscribed to the within instrument and ac- 0 knowledged to me that he /she /they executed S the same in his /her /their authorized capacity(ies), and that by his /her /their F ELIZABETH J. CARMEN �~ �' ` COMM /1063401 �,, signature(s) on the instrument the person(s), 0 2 P . 1 NOTARY PUBLIC - CALIFORN'A "-' 1 co "�,'' TULARECOUNTY or the entity upon behalf of which the `'s MyComm.Exp(resJone29,1999 j person(s) acted, executed the instrument. 0 ,,. - , , ., -._,., _ WITNESS my hand and official seal. 0 \) ' Af/ - / A rI4 1 1 SIGNATT OF NOTARY 11 10 0 0 ' OPTIONAL 1 t Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent % fraudulent reattachment of this form. 0 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 1 ❑ INDIVIDUAL 1 ❑ CORPORATE OFFICER l S TITLE OR TYPE OF DOCUMENT '" tl 0 TITLE(S) 1 ❑ PARTNER(S) + El -LIMITED A 4 111 GENERAL 1 A ® ATTORNEY -IN -FACT NUMBER OF PAGES t , ❑ TRUSTEE(S) 11 ❑ GUARDIAN /CONSERVATOR 1 ❑ OTHER. A DATE OF DOCUMENT 1 1 SIGNER IS REPRESENTING: 1 0 NAME OF PERSON(S) OR ENTITY(IES) i 1 1 SIGNER(S) OTHER THAN NAMED ABOVE 1 • l oll /lllfJ/_ /llll� l / / llfllflll/11.111� /lJlfl /lll �l�ll. /llfflllflllll /Jlf��� ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O Box 7184 • Canoga Park, CA 91309 -7184 r .r ' • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT • No.5907 r�J,1J: - J%fl.%"-- %"ll .%%!?%Xlf�fl .il:.. %l�YlXJ'.1J:.%%f�f�. --.1. 1. Xf111Xf...0 - %�flfl.l��1.%1X�' ` • r 1 al State of A_ • _ . / 0 o County of U O -) 0— On - • Ill before me, _ A A I i , 6 DATE AME TITLE OF OFFICER - E G . 'JANE DOE, NOTARY PUBLIC" • personally appear- • _ ■ • • _ >♦ • AQ ' , NAME(S) OF SIGNER(S) 0 pe known to me - OR - ❑ proved to me on the basis of satisfactory evidence 0 p ry to be the person'(`sLwhose name4s is,Lar _ subscribed to the within instrument a i ac- A to me that her/she/they. . executed ti 0 , knowledged the same in his�l authorized capacity },, and that by his 0 signatures) - -an the instrument the person(a).,_ 0 or the entity upon behalf of which the 0 personacted, executed the instrument. r7 :166thit-4, JUDY A. CALDWELL WI r ESS m hand and official seal. `. - �f . ,1.4'� COMM. # 1059895 Z 0 z 24 .I; al - ,Ti 1` Notary Public — California z » 0 ` - °� • ORANGE COUNTY 19 s � � My Ct2 nrn. Expires �IIAY 25.J� .� i�∎ _ 1 • 6 SIGNATURE OF NOTARY OP • k 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. k\ CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 6 0 ❑ INDIVIDUAL k\ ❑ CORPORATE OFFICER 0 0 TITLE OR TYPE OF DOCUMENT 0 T < l ❑ PARTNER(S) El LIMITED k ❑ GENERAL 0 ❑ ATTORNEY -IN -FACT NUMBER OF PAGES 0 ❑ TRUSTEE(S) 0 ID GUARDIAN/CONSERVATOR 0 ❑ OTHER: 0 0 DATE OF DOCUMENT 0 SIGNER IS REPRESENTING: 0 li NAME OF PERSON(S) OR ENTITY(IES) fill SIGNER(S) OTHER THAN NAMED ABOVE 0 ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O Box 7184 • Canoga Park, CA 91309 -7184 r • • • STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.15] [Public Contract Code § 20103.5] I, the undersigned, certify that I am aware of the following provisions of Califomia law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project govemed by Section 20104 [now § 20103.5] of the Public Contract Code. • (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes. of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non- responsive and shall be rejected by the public agency. Unless one of the • foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or CONTRACTOR TO SUBMIT UPON AWARD: D•12 FY 9748 MAIN STREET IMPROVEMENT PLAN • • • 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) My compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board 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 ol • 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 prequalcation 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.: 620582 Class: 'Z Expiration date: 5/31/2002 Date 11/18/98 Signature Steve R. BiehPr, President • CONTRACTOR TO SUBMIT UPON AWARD: D•13 FY 97-98 MAN STREET IMPROVEMENT PLAN . .; • • • • 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 Califomia 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 Califomia 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: CONTRACTOR TO SUBMIT UPON AWARD: D-10 FY 97 -98 MAN STREET IMPROVEMENT PLAN • • 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract? • Date 11/9 /98 Signature : 447 e Steve R. Bieber, President • • CONTRACTOR TO SUBMIT UPON AWARD: D-11 FY 97-98 MAN STREET IMPROVEMENT PLAN f CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT No 5907 f:Z --,S- !.%X✓:1.J..%�l�f�: —% - 1.�_ .- /l1 %1,.i.1✓: - %: 'l. ,.. .. --. . f- /fllf_Yfll/ —," • State � 1 ate of 00)(Arrii4-----. County of )r,in _ 0 On /J /iR. before me, -j iI 4 - , d Lot 1 DA NAE, TITLE OF OFFICER • E G , "JANE DOE, NOTARY PUBLIC" personally appeared -I-.Q, j e, r-- , .) ■ NAME(S) OF SIGNER( l! personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence :0 ry to be the persor5 whose name4,1 isiaxe_ subscribed to the within instrument and ac- knowledged to me that e e o f executed N� 0 the same in s�Lt4e authorized 6 capacity(Te, and that by his 0 signature(s)-on the instrument the person(s) or the entity upon behalf of which the person(3) acted, executed the instrument. 4 R JUDY A. CALDILL 5 WI !NESS m and and official seal. t / COMM. 1 y Notary Publ — Cal j z ORANGE COUNTY . y Comm. Expires MAY 25, 1909 ( I ' • k SIGNA URE OF NOTARY 0 O` A ti 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. 6 0 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 ❑ INDIVIDUAL 0 ❑ CORPORATE OFFICER 0 TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ' ❑ ATTORNEY -IN -FACT NUMBER OF PAGES ❑ TRUSTEE(S) 0 ❑ GUARDIAN /CONSERVATOR 0 El OTHER: 0 DATE OF DOCUMENT 0 0 SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) • SIGNER(S) OTHER THAN NAMED ABOVE 6 v im. '' .l.1..% " J: ' 1.�...%.%.. ' l. XJ ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 • • ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY • • BNB Engineering, Inc. Name and address of named insured ('Named Insured,: 2602 S. Hallady, Santa Ana, CA 92705 Name and address of Insurance Company ('Company''): MARBLE COVE SEINER LINE EXTENSION NotwithManding any inconsistent statement in the policy to whidl 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 Beech, 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 shad apply separately to each Additional Insured against whom claim is made ce suit is brought except with respect to the Ilmits 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. Ad such claims shall covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to Increase or replicate the Company's limits of liability as provided under the policy. • 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) Includes liability assumed by the Named insured under the Indemnification and/or hold harmless provision(s),contained in or executed in conjunction with the written agreements) or permit(s) designated above, between the Named Insured and the Additional Insureds. B. 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 alter mitten notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. in the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement 7. Company hereby waives all 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 inddent 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 govem the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shalt be sent to Public Agency at Director of Public Works City of Seal Beach 211 8 Street Seal Beach CA 90740 9. 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. CONTRACTOR TO SUIT UPON AWARD: D.22 FY 9748 MMN STREET IMPROVEMENT PUN • • TYPE OF COVERAGES TO WHICH POUCY PERIOD LIMITS OF • THIS ENI.VRSEMFNT ATTACHES LIABILITY 01 Following Fond 1/1/98 to 1/1/99 _ D Umbrella liability 10, Applicable underlying coverages: INSURANCE COMPANY POLICY NO AMOUNT RLI Insurance Company RXL0252897 $3,000,000. • 11. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: Pollution Exclusion Supsidence Exclusion 12. A 0 deductible or 0 self -insured retention (check one) of 3 N/A applies to all coverage(s) except: 'none, so state). The deductible is applicable 0 per claim or 0 per occurrence (check one). ' 13. This is an II occurrence or O daims made policy (check one). 14. This endorsement Is eRective on 11 -12 -98 at 12:01 A.M. and forms a pat of Policy Number III 1, Jim MOsteller, CPCU (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. Exec • November 12 , t9 9 8 _____ ^„ Sign - 0- • ., led Representative (Original sign: ure only,' no facsimile signature or initialed signature accepted . Phone No.: ( 209 ) 432 -2544 III CONTRACTOR TO SUBAIIT UPON AWARD: 0.23 FY 97.98 WAIN MEET IMPROVEMENT RAN • • THE INSURANCE COVERAGE SHALL NOT BE SUSPENDED, VOIDED, CANCELED, • REDUCED IN COVERAGE OR IN LIMITS, OR OTHERWISE MATERIALLY CHANGED, UNLESS THIRTY (30) DAYS ADVANCE WRITTEN NOTICE BY CERTIFIED MAIURETURN RECEIPT REQUESTED HAS BEEN GIVEN TO THE CITY. • THE INSURANCE COVERAGE PROVIDED BY CONTRACTOR AS SET FORTH HEREIN SHALL BE • PRIMARY INSURANCE WITH RESPECT TO THE CITY, ITS CITY COUNCIL AND ANY MEMBER THEREOF, AND ITS OFFICERS, OFFICIALS, ATTORNEYS, AGENTS, EMPLOYEES AND • VOLUNTEERS. ANY INSURANCE OR SELF-INSURANCE MAINTAINED BY THE CITY, ITS CITY COUNCIL OR ANY MEMBER THEREOF, OR ITS OFFICERS, OFFICIALS, ATTORNEYS, AGENTS, EMPLOYEES AND VOLUNTEERS SWILL BE IN EXCESS OF THE CONTRACTOR'S INSURANCE AND SHALL NOT CONTRIBUTE WITH It INSURER WAIVES ANY RIGHT OF CONTRIBUTION WITH SUCH • OTHER INSURANCE WHICH MAY BE AVAILABLE TO THE CRY. INSURER WAIVES ALL RIGHTS OF SUBROGATION FOR LOSSES AGAINST THE CITY, ITS CITY COUNCIL OR ANY MEMBER THEREOF OR ITS OFFICERS, OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEER • • CONTRACTOR TO SUBMIT IPON AWARD: 015 FY 97.98 MAN STREET UIPRONEMEKr PLAN • • WORKER'S COMPENSATION • CERTIFICATE OF INSURANCE WHEREAS, the CITY OF SEAL BEACH has required certain insurance to be provided by BNB Engineering, Inc. 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: BNB engineering, 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 NUMB EFFECTIVE DATE EXPIRATION DATE 46 #7375 11 -12 -98 1 -1 -99 • • 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: 411 14 Its Auth • ' Repr - to r ve • CONTRACTOR TO SUBMIT UPON AWARD: all FY 97-98 MAIN STREET EPROVIENENT PLAN ` • • ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY • BNB Engineering, Inc., 2602 S. Hallady, Santa Ana, CA 92705 Name and address of named insured ('Named Insured?: Reliance Ins. Company, it /O Ins., P.O.Box 27018, Fresno, CA 93729 Name and address of Insurance Company ('Company): MARBLE COVE SEWER LINE EXTENSION 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, b 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 Polcy. 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 whor» 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 daims shall covered as third -party daims, i.e., in the same manner as if separate policies had been Issued to each insured. Nothing contained in this provision shall • operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terns, 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 mad, retum receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby 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 8 Street Seal Beach CA 90740 • CONTRACTOR TO SUBMIT UPON AWARD: 0.18 FY 97•98 MAIN STREET IMPROVEMENT PLAN y • • 10. Except as stated above and not in conflict with this endorsement nothing contained herein shall be held to waive, aker or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. • TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMIT$ OF �j I ENDORSE ENT AT1'ACFIES FROMITO LIABILITY General Liability 3 -24 -98 to 3 -24 -99 2,000,000. General Aggregate .1,000,000: Comp.Ops Aggregat 1,000,000. Personal /Adv. • • Injury 1,000,000. Ea. Occurrence 11. Scheduled Hems or locations are to be identified on an attached sheet The following inclusions relate to the above coverages. Includes: is Contractual Liability RA Explosion Hazard 1 Owners/Landlords/Tenants n Collapse Hazard ▪ Manufacturers/Contradors ® Underground Property Damage Products/Completed Operations O Pollution Liability et Broad Form Property Damage 0 Liquor Liability Ot Extended Bodily Injury O eit Broad Form Comprehensive 0 lat General Liability Endorsement 0 • 12. A Q deductible or 0 self Insured retention (check one) of S 2,500 applies to all coverage(s) except NONE (if none, so state). The deductible is applicable 0 per claim or 0 per occurrence (check one). 13. This is an ® occurrence or 0 daims made policy (check one). 14. This endorsement is effective on 1 1 —12-98 at 12 :01 AM. and forms a part of Policy Number SJ2672337 • • l� Jim Mosteller, CPCU (pint name), hereby declare under penalty of perjury under the laws of the State of California, that 1 have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. � ed November 12, 19 98 Signature of ed epi'es (Original sig a ture only, no facsarsle signature orinNaled signature accepted) Phone No.: ( 209 ) 432 -2544 • CONTRACTOR TO SUBBT UPON AWARD: 0.19 FY 971$ MMN STREET IMPROVBAENT PLAN • • • ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY BNB Engineering, Inc., 2602 S. Hallady, Santa Ana, CA 92705 Name and address cI named insured ('Named Insured'): Golden Eagle Ins., c/o Sharp Ins., P.O.Box 27018, Fresno, CA 93729 Name and address of Insurance Company CCompanY): MARBLE COVE SEWER LINE IMPROVEMENTS 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.e., In the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terrns, 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_ 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non - renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives an 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 conked of insurance. 8. This endorsement and all notices given hereunder shall be sent to Public Agency at Director of Public Works City of Seal Beach 211 8 11i Street Seal Beach CA 90740 9. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be • held to waive, alter or extend any of tho limits, agreements, or exclusions of the policy to which this endorsement is attached. CONTRACTOR TO SUBMIT UPON AWARD: D.20 FY 97-98 MAN STREET IMPROVEMENT PLAN • • TYPE OF COVERAGES TO WHICH POUCY PERIOD LIMITS OF • THIS EJDORSEMENT ATTACHES FROM/TO I,,ABIUTY Commercial Auto 3 -24 -98 to 3 -24 -99 $1,000,000.. SI & PD 10. Scheduled items or locations are to be identified on an attached sheet The following inclusions relate to the above coverages. Includes: a Any Automobiles 0 Truckers Coverage 0: All Owned Automobiles TX Motor Carrier Act Ix Non -owned Automobiles 0 Bus Regulatory Reform Act Q Hired Automobiles 0 Public Livery Coverage 11 Scheduled Automobiles 0 la Garage Coverage 0 11. A 0 deductible or 0 self-insured retention (check one) of $ NONE applies to all coverage(s) except _ (W none, so state). The deductible Is applicable 0 per claim or 0 per occurrence (check one). 12. This is an X occurrence or 0 claims made policy (check one). 13. This endorsement Is effective on 11 -12 -9 8 at 12:01 AM. and forms a part of Policy Number • I, Jim Mosteller, CPCU (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. Exec November 12 , 19 98 Signature cif orized leiltrestative (Original signature , no fame signature or initialed signature accepter) Phone No.: ( 209) 432 -2544 • CONTRACTOR TO SUBMIT UPON AWARD: D-21 FY 97 -98 MAIN STREET IMPROVEMENT PLAN • BID SHEET • BIDDERS NAME BNB ENGINEEMIG INC. PROJECT IDENTIFICATION NO #817 BID DATE 10.28.08 In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a contract to fumish all labor, materials and supplies for. MARBLE COVE SEWERLINE EXTENSION in accordance with the Specifications, Plans other Contract Documents which are on file In the office of the City Engineer of the CITY OF SEAL BEACH, to the satisfaction and under the direction of the Director of Public Works, at the following prices: The City reserves the right to award one, all, or any combination of the projects in the best interests of the City but the bids will be compared on the basis of the lowest overall price (grand total) for ALL the projects combined. PILOT PROJECT MABLE COVE SEWERLINE EXTENSION Bid Description Unit Quantity Unit Price in WORDS and Extended Item NUMBERS Amount No. 1 Abondon Manholes LS 1 One thousand dollars @ 1000.00 ea. $ 1,000.00 2 Abondon Seweriine LS 1 One thousand dollars @ 1000.00 ea. $ 1,000.00 3 Construct Manholes over EA 2 Five thousand dollars • Existing Line @ 5000.00 ea. $10,000.00 4 Construct Manholes EA 1 Five thousand dollars @ 5000.00 ea. $ 5,000.00 5 Construct 8' SDR -35 LF 200 Thirty dollars @ 30.00 ea. $ 6,000.00 Total Amount: $23,000.00 • • • • • F • PAYMENT BOND (LABOR AND MATERIALS) BOND 4898016675 PREMIUM INCLUDED IN PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: BNB ENGINEERING I INC. WHEREAS the City of Seal Beach, has awarded to BNB Fngineering Inc_ 2602 S. Holladay Street Santa Ana, CA 92705 (Name and address of Contractor) ( "Principar), a contract (the "Contract") for the work described as follows: Project #817 Marble Cove Sewer line extention install sewer line and manholes. WHEREAS, Principal is required under the terms of the Contract and the Califomia Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW, THEREFORE, we, the undersigned Principal, and • Sharp Insurance & Bonding 303 N. West Street Visalia, CA 93279 (Name and address of Surety) • ( "Surety') a duly admitted surety insurer under the laws of the State of Califomia, as Surety, are held and firmly bound unto the Public Agency in the penal sum of *Twenty three thousand dollars and no /100ths* Dollars ($_j_, 000.00 ); this amount being not Tess than fifty percent 140%) u1 total contract price, in lawful money of the United States of America, for the payment of whirl: sum Wel! •acrd teary to be made, we bind ourselves, our heirs, executors, administrators, successors, aril assigns „ioiriiy end severally. firmly by these presents. L • THE CON ;YTION OF THIS OBLIGATION IS SUCH THAT, if the hare bourxy:3d Principal, his, her or its heirs, executors, administrators, successors; •or essigns,, •or subcontractors shall fail to pay any of the persons named in Section 3181 of the en:ifornia Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum • specified in this bond; otherwise, this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the Califomia 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. CONTRACTOR TO SUBMIT UPON AWARD: D.8 FY 97-98 MAIN STREET IMPROVEMENT PLAN t • 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 Califomia 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: 11 /16/98 " Principal° "Surety' BNB ENGINEERING, INC. ULICO CASUALTY COMPANY ,/111 By: Alt-A--4--• • 4 • . SHARP A •• • IN Rs Steve R. Bieber, President Its • By:._.... By: Its - Its • ($eal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attomey -in -fad must be attached. • CONTRACTOR TO SUBMIT UPON AWARD: D•7 FY 97-98 MAIN STREET IMPROVEMENT PLAN • ULICO • • • CASUALTY COMPANY 039 111 Massachusetts Avenue, N.W. Washington, DC 20001 • • • ■ • • POWER OF ATTORNEY Know All Men By These Presents: That Ulico Casualty Company, A Delaware Corporation, having its principal office in Washington, DC, pursuant to the following resolution, adopted by the Board of Directors of the Corporation effective on the 28th day of January, 1993: RESOLVED: "That the Chairman and Chief Executive Officer be, and hereby is, authorized to execute Powers -of- Attorney, quahfying the attorney named in the Powers -of- Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the Corporation, in the transaction of its surety busmess." RESOLVED: "That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Power -of- Attorney or to any certificate relating thereto by facsimile, and any such Power -of- Attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached." . This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: Donald P. Sharp, Janie Carmen and Betty Jo Peacock of Sharp Insurance Agency, Inc. of Visalia, in the State of California, its true and lawful Attomey(s )-in -Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED THREE MILLION ($3, 000, 000.00) DOLLARS; to bind Ulico Casualty ' Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company, and all the acts of said Attorneys )-m -Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporate seal to be affixed this 1st day of September, 1997. This Power of Attorney is void unless the seal is readable, the text is in black ink, the signatures are in black ink, this notice is in red ink, and if attached to a document executed subsequent to January 1, 1999. 410 Ulico Casualty Co . j / District of Columbia ss: 9, SEAL j ' A. Georgina Chairm • d Chief Executive Officer On this 1st day of September, 1997, before the subscriber, a Notary Public of the s'. trict of Columbia, duly co 44 , sioed and qualified, came Robert A. Georgine of Ulico Casualty Company to me personally known to be the individual and o .• cer described therein, and w • executed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in the preceding instrument, is now in force. In Testimony Whereof, I have hereunto set my hand, and affixed my official seal at Washington, DC the day and year above written. TI NOTARY By: ` d �� • • PUBLIC r ry Public • ••P air. • , L ae mission ' I of Columbia CERTIFICATION Ex M arch 31 , 200 I, Joseph A. Carabillo, Assistant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of the corporation th' 16TH day of LITQVF:MRF.R ,199 R . ' ° ; • , 4 By. i� SEAL =' ( .h • . Carabillo, Assistant Secretary • \ 79 • UCB- 102 -POAI (09/94) z'' r , CALIFORNIA ALL- PURPOSEKNOWLEDGMENT • No 5907 i e /CJfllffW JlJ lll 1. . rllflll�lll�!!1!!!Jl. /1l. . .�J lf. l!!l. / 11llJ. / !lllfflJ lf- State of CALIFORNIA 0 T ULARE 0 County of 0 1 On 11/16/98 before me, ELIZABETH J. CARMEN, NOTARY PUBLIC , 1 DATE NAME, TITLE OF OFFICER - E G., "JANE DOE, NOTARY PUBLIC" personally appeared DONALD P. SHARP k NAME(S) OF SIGNER(S) 0 C personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence �} 0 to be the person(s) whose name(s) is /are \ subscribed to the within instrument and ac- t N ; knowledged to me that he /she /they executed " ,, ' • (1 the same in his /her /their authorized 0 ' �! ,p'� • ' NOTARY Pl1 6U C - C.M FOILVIA - 00M : A I 1 C I ,: " C 1 2 , capacity(ies), and that by his /her /their • ,, H �y, O In ' 7 ' mLARECOUNTY signature(s) on the instrument the person(s), 0 �v Exp asJune29,1999 or the entity upon behalf of which the O person(s) acted, executed the instrument. `, O WITNESS my hand and official seal. t\ ,I;# ' / , / / SIGNATU i3 NOTARY • ,\ o OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could , 9 4 Y Y P P Y 9 prevent P N fraudulent reattachment of this form. 1 o CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o 1 Ell INDIVIDUAL l ❑ CORPORATE OFFICER h; TITLE(S) TITLE OR TYPE OF DOCUMENT S ❑ PARTNER(S) ❑- LIMITED El GENERAL • ® ATTORNEY -IN -FACT NUMBER OF PAGES N' ❑ TRUSTEE(S) k ❑ GUARDIAN/CONSERVATOR i 0 ❑ OTHER: ; tt DATE OF DOCUMENT � SIGNER IS REPRESENTING: \( \, NAME OF PERSON(S) OR ENTITY(IES) . e S �lll SIGNER(S) OTHER THAN NAMED ABOVE • 1 l ii ‘ f llfilllflll�l!!l� /� lllllll ffll. %lf, /!!�. IllJlf /Jfff. l /l1JJ l �lll. �- �lfll'Jl�l� ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave , P.O. Box 7184 • Canoga Park, CA 91309 -7184 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT • No 5907 �fffl.�11X-J',JJJ". - 1. flf .Y- l.��XX-f=�.%l�"l.�l..S!'..Y. - .11..l��l..il�1'. -��✓: '.%1J'..%�l. -J". - J'. - �fl.1 : 1 ;f V 1 • State of i " ■ .. 0 County of . 1 ti On - A before me, I■ , e. 4 . 0 , tt DATE N E, TITLE OF OFFICER - E G , "JANE DOE, NOTARY PUBLIC" personally appeare• - say . • • &. NAME(S) OF SIGNER(S) 0 Liersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence k to be the persote namei.s.Lis,Laie. s ubscribed to the within instrument a i ac- N knowledged to me that he /sheL 1L xecuted ti 0 the same in his l�$r__authorized 0 capac and that by his 0 signature's} -en the instrument the person(s) or the entity upon behalf of which the 0 - person's)- acted, executed the instrument. 6 t1 /; - ,, J A. CALDWELL k 0 it � C4 F 1 , : a � = COMM. # 1059895 z WIT ESS m � and and official seal. 0 z ; Notary Public — C a li fornia s k,,, `' -'i• J ORANGE COUNT/ � : ' ,my Comm. Expires MAY 25.190 s / / III/ SIGNATURE OF NOTARY 0 1 , ___,,, l l 0 0 OP • ,' ti • Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. 0 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL 0 ❑ CORPORATE OFFICER 0 TITLE OR TYPE OF DOCUMENT TITLE(S) v ❑ PARTNER(S) El LIMITED 0 El GENERAL 0 0 ❑ ATTORNEY -IN -FACT NUMBER OF PAGES tti ❑ TRUSTEE(S) kN k. El GUARDIAN/CONSERVATOR 0 ❑ OTHER: 0 DATE OF DOCUMENT SIGNER IS REPRESENTING: 0 1l1 NAME OF PERSON(S) OR ENTITY(IES) k 0 SIGNER(S) OTHER THAN NAMED ABOVE S • q �J:.. lXl. �lJ1Xfi .'��.%lXX.3'F%1�1J=_%�!11l. ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 • • • • • BUSINESS LICENSE g):) ' , 11 21 -- (145. , The person, firm or corporation below named is he Bun license pursuant to the Tax License Code to engage In, carry on or conduct. I i the City of Seas Beach. California, the business, trade. c llin � orofesto �� '/ exhibition or occupation described below for the period Indianola:* f� s AU. BUSINESS LICENSES DUE UPON EXPIRATION. iY"` LICENSE EXPIRFA NOVEMBER 12. 1999 _ _.._- DA ro-NOVEMBER 12, 1998 CLASS OF BUSINFAt A LICENSE t 116.00 TO BE POSTED IN A CONSPICUOUS PLACE PENALTY Xi • r TOTAL I • • BNB ENGINEERING, INC, CITY OF SEAL BEACH • 2602 S. HALLADAY ST L SA !A, CA 92705 BY al) N OT TRANSFERABLE • • ei • • ACOR D CERTIFICATIEOF LIABILITY INSURAN(O OP ID AF DATE(MM/DD/YYYY) BNBEN -1 06/06/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Sharp Insurance- Fresno Branch HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1040 E. Herndon, Suite 104 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fresno CA 93720 Phone:559- 432 -2544 Fax:559- 432 -2543 INSURERS AFFORDING COVERAGE NAIC INSURED INSURER A Zurich American insurance Co 16535 INSURERB American Guarantee B N B Engineering, Inc. INSURER C. State Compensation Ins Fund 2602 S. Hallady INSURER D. GEN. INS. CO. OF AMERICA Santa Ana CA 92705 INSURER E 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 LTR R INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFE /YY)E POLICY EXPIRATIO)N LT INSRD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 _ A X X COMMERCIAL GENERAL LIABILITY CPO 4277596 06/01/08 06/01/09 PR MSES(Eaoccurence) $300,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL&ADVINJURY $ 1,000,000 _ GENERAL AGGREGATE $ 2,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ 2,000,000 _ 7 POLICY [ 1 & r1 LOC Emp Ben. 1,000,000 Iii I JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 B X ANY AUTO CPO 4277596 06/01/08 06/01/09 (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 7 OCCUR CLAIMS MADE AGGREGATE $ _ $ _ DEDUCTIBLE $ RETENTION $ / $ / / / WORKERS COMPENSATION AND X TO YSLIM S I 1°E . EMPLOYERS' LIABILITY 44 #25905 -07 01/01/08 01/01/09 EL EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E L DISEASE - EA EMPLOYEE $ 1,000,000 If yes, descnbe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,00 0 OTHER D Rented /Leased 24CC18600920 06/01/08 06/01/09 1,000 ded 200,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED PER ATTACHED ENDORSEMENT * * *10 DAY NOTICE OF CANCELLATION FOR NON - PAYMENT OF PREMIUM * ** CERTIFICATE HOLDER CANCELLATION SEALCI1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL CITY OF SEAL BEACH IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR DIRECTOR OF PUBLIC WORKS 211 8th STREET REPRESENTATIVES. SEAL BEACH CA 90740 AUT •'IZED ; PRES AT ACORD 25(2001/08) ©ACORD CORPORATION 1988 • • IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) C • • @ . Additional Insured — Automatic - Owners, Lessees Or ZURICH Contractors - Broad Form Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add'I Prem Retum Prem. CPO 4277596 06/01/08 06/01/09 06/06/08 DJ $ $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis- ing injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: 1. The "bodily injury" or "property damage" results from your negligence; and 2. The "bodily injury", "property damage" or "personal and advertising injury" results directly from: a. Your ongoing operations; or b. "Your work" completed as included in the "products- completed operations hazard ", performed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the addi- tional insured; or U- GL-l175 -A CW (9/03) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc. with its permission. • 2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim: 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by an- other insurer under which the additional insured also has rights as an insured or additional insured. F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method de- scribed in paragraph 4.c. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ- ten. U- GL- 1175 -A CW (9/03) Page 2 of 2