HomeMy WebLinkAboutAGMT - SoCal Pacific Construction (First Street Pump Station Rehab) RECORDING REQUESTED BY
Recorded in Official Records, Orange County
AND WHEN RECORDED MAIL TO Tom Daly, Clerk-Recorder
IIIIIII III IIIIIIII I I IIIIIIIIIIIIIIIIIIIIIIII III II II 1111111 IIII NO FEE
CITY OF SEAL BEACH
Attn: City Clerk 2008000249082 11:07am 05127108
211 - 8th Street 102 27 N12 1
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. -- - -- - - —
*** No Recording Fee Pursuant to Government Code Section 6103,27383 ****
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
I. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the
property_hereinafter_described:_.__
2. The full name of the owner is: City of Seal Beach
3. The address of the owner is: City of Seal Beach,211 -8th 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 is described as substantially completed on May 12,
2008.The work was: 1st Street Sewer Pump Station 50214.
6. The name of the contractor, if any, for such improvement was: SoCal Pacific Corporation. The date
of the Contract Award was: January 22,2007.
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: River's End Restaurant.
Date: c047.2,9
Signature of owner or corporate officer of owner
named in paragraph 2 or his agent.
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 5.1#Vcir . 2008. at Seal Beach, Californi
(Date of Signature)
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-. actor of Public Works
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THE FIRST STREET PUMP STATION REHABILITATION
For UPGRADES to the FIRST STREET PUMP STATION,in the City of Seal Beach.
AO
THIS AGREEMENT, made and entered into this a a day of 20 07by and between the
City of Seal Beach, California, hereinafter referred to as the "CITY," Pa of the Fi Part, and
Socal Pacific Construction Corp. hereinafter designated as the
"CONTRACTOR," Party of the Second Part.
WITNESSETH: That the Parties do hereto mutually agree as follows:
ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be made and
performed by said CITY, the CONTRACTOR agrees with said CITY to the construction of the THE FIRST STREET
PUMP STATION REHABILITATION 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 be furnished by the CITY), and to do everything required by this
Agreement and the said Specifications, Drawings, and Contract Documents.
ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary works or
structures, tools and equipment and doing all the work contemplated and embraced in this Agreement, also for all loss
and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen
difficulties which may arise or be encountered in the prosecution of the work until its acceptance by said CITY, and for
all risks of every description connected with the work; also for all expenses incurred by or in consequence of the
suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be borne by
the said CITY and faithfully completing the work and the whole thereof, in the manner shown and described in the said
Drawings, Specifications, and Contract Documents and in accordance with the requirements of the Engineer, said CITY
will pay and the CONTRACTOR shall receive in full compensation, therefore, the unit prices and the lump sum prices
named in the Schedule of Work Items of the Proposal.
ARTICLE III. The CITY hereby promises and agrees with said CONTRACTOR to employ and does hereby employ
said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained
and referred to for the price aforesaid, and hereby contracts to pay the same, at the time, in the manner and upon the
conditions set forth in the Specifications and Contract Documents, and the said parties for themselves, their heirs,
executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants.herein
contained.
ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned therein, and
all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are hereby incorporated in and
made a part of this Agreement.
ARTICLE V. By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Section
3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.
IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above
written.
CITY OF SEAL BEACH, CALIFORNIA
Party of the First Part
BY v�
City Manager
P:1042 CIP-Capitol Imyroement Program 052 50214 FIRS!'SI SLIVER PUMP STA TRW PSSE-10214 FIRST S'TSLIVER PUMP STATION BOOKS &II oJ II!doe I CONTRA
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ATTEST:
Aldl./1 A./b4.
1 Clerk
BY
CONTRACT SR- Party of the Second Part
Anton Anstett
President
Title
29885 2nd St. , Unit J Lake Elsinore, CA. 92532
Address
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Bond No.
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PERFORMANCE BOND
P:''042 CIP-CapitalImprovement ProegramA3250214 FIRST STSE[VERPUMPSTAT/ONPSBE-50214 FIRST STSEWER PUMP STATIONBOOKSI&Iiof ILL floc 2 CONTRA
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INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
THE FIRST STREET PUMP STATION REHABILITATION
Indemnitor(s)(list all names):
Anton Anstett — President
Stephan Hennes — Secretary
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect,
indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees,
volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses,
liabilities, claims, demands,causes of action, proceedings, expenses,judgments,penalties, liens, and losses of any nature
whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith
(collectively"Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or
related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees,
subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise,
directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement,
license, or permit(the"Agreement")or the performance or failure to perform any term,provision,covenant,or condition
of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior,
concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees
against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition
to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition
precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an
Indentnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor
shall pay Indemnitees for any attorney's 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(6). This indemnity is effective without reference to the existence or applicability of any insurance
coverages which may have been required under the Agreement or any additional insured endorsements which may
extend to Indemnitees.Indemnitor, on behalf of itself and all parties claiming under or through it,hereby waives all rights
of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims,
losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor
regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is
more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and
conditions under this instrument shall be joint and several.
"Indemnitor"
Name Anto stett Name: Steph- Hennes
By: BY
Its President r is e e :ry
PIuuR CIP-Capital Impmvemeni Program 032 50214 FIRST ST SEWER PUMPSTATIOMPS&E-30214 FIRST ST SEWER PUMP STA TIONJ100KS I&11 ofID.doe 7 CONTRA
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AGREEMENT TO COMPLY WITH
CALIFORNIA LABOR LAW REQUIREMENTS
Labor Code§§ 1720,1773.8,1-775, 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:
I. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency
("Agency")and agrees to be bound by all the provisions thereof as though set forth in full herein.
2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the
payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.
3. Contractor agrees to comply with the provisions of California Labor Code 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.
4. 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.
5. 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.
6. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the
payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861,
Contractor hereby certifies as follows:
"1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured
against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code,
and I will comply with such provisions before commencing the performance of the work of this contract."
Date Jan. 4 , 2007 Signature
Anton Anstett — President
P1042 CIP-CapialImprmmeat Progrom'03230214 FIRST ST SEWER PUMP STAIIOMPS&E-302/4 FIRST ST SEWER PUMP STATION2100KS Id II of doc 8 CONTRA
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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 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 therefore, except in any of the following
cases:
(1) The person is particularly exempted from this chapter.
(2) The bid is submitted on a state project governed by Section 10164 of the Public Contract
Code or on any local agency project governed by Section 20104 [now §20103.5] of the Public Contract Code.
(b) If a person has been previously convicted of the offense described in this section, the court shall
impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work,
or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than
10 days nor more than six months, or both.
In the event the person performing the contracting work has agreed to furnish materials and labor on an
hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of
materials and labor furnished and the cost of completing the work to be performed.
(c) This section shall not apply to a joint venture license, as required by Section 7029]. However, at the
time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his
or her individual licensure.
(d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered
professional engineer to form joint ventures with licensed contractors to render services within the scope of their
respective practices.
(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who
is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public
agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or
issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid.
Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a
citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order
to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such
citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order
issued to, a contractor who is not licensed pursuant to this chapter is void.
(t) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the
Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision
was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this section if the public
employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of
any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this
section,a telephone response by the board shall be deemed sufficient.
Public Contract Code § 20103.5:
Pd042 CIP-Capital Improvement Progra00052 50214 FIRSTS'SEINER PUMP STA TIONPSRE-50214 FIRST ST SEWER PUSS'STATION BOOKS I&II ofHidoe 9 CONTRA
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In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the
failure of the bidder to be licensed in accordance with the laws of this state, However, at the time the contract is
awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work
or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that
the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the
contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law,
including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency
shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement.
Failure of the bidder to obtain proper and adequate licensing for an award of a
contract shall constitute a failure to execute the contract and shall result in the
forfeiture of the security of the bidder.
License no.: 4 4 31 1 7 Class: A&B Expiration date: 6-30-2007
Date Jan. 4 , 20 0 7 Signature
Anton Anstett - President
P:'AA2CIP-Crial Imp oremem Progravd0525021 4 FIRST ST SEWER PIM STA7IONIPS&E-502/4 FIRST ST SEWER POMP STATIONBOOKS!&Il ofIll.doe 10 CONTRA
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ATTEST:
City Clerk
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BY
CONTRACTOR-Party of the Second Part
Title
Address
Bond No. SU1017738
Premium: $4;162
PREMIUM IS FOR CONTRACT TERM PERFORMANCE BOND
AND D IS IS SUBJECT T TO ADJUSTMENT
BASED ON FINAL CONTRACT PRICE
P:1042 CI?-Cbpirnl lnnProremenl Prognnil/J250214 FIRSI'STSEI1TR PUMP STAt7OMPS&E-5OS/4 FIRST ST&EVER?rnd?534 7IaMCOoK51&hof/2doe . 2 cotta
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BOND IS ISSUED IN THREE (3) 'COUNTERPARTS •
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KNOW ALL PERSONS BY THESE PRESENTS that:
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WHEREAS the City of Seal Beach,has awarded .
THE FIRST STREET PUMP STATION REHABILIATION to
SOCAL PACIFIC CONSTRUCTION CORP. , 29885 SECOND STREET, UNIT J,
LAKE ELSINORE, CA 92532 •
(Name and address of Contractor)
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("Principal"),a contract(the"Contract")for the work described as follows:
THE FIRST STREET PUMP STATION REHABILITATION •
PROJECT NO. 50214 •
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WHEREAS,Principal is required under the terms of the Contract to famish a bond for the faithful performance of the
Contract.
NOW,THEREFORE,we,theundersignedPrincipal, and ARCH INSURANCE COMPANY•, 10755=F
SCRIPPS POWAY PARKWAY #448, SAN DIEGO, CA 92131
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(Name and address of Surety)
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("Surety")a duly admitted surety insurer under the laws of the State of California, as Surety, are held.and firmly bound
unto the PublicAgency in the penal sum of TWO HUNDRED EIGHTY—ELGHT THOUSAND AND NO/100 ---_
Dollars $288.000.00 ), this Amount being not less
than the total contact 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,j jointly and severally,
firmly by these presents.
THE CONDITION OF-THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal,his,her or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and
perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof
made as therein provided,on the Principal's part to be kept and performed, all within the time and in the manner therein
specified,and in all respects according to their true intent and meaning,and shall indemnify andhold 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.
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F:10pCIP-Cvplrollniprnnnrerr Pmgrcnil052 S02I4 FIRST ST SEWER PUMP STA r10MPS&E-50714FIRSTST SEWER PIPTP STAlI0Nd00KS I Sellofilldoc' 3 COMB,
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FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration,
addition or modification to the terms of the Contract,or of the work to be performed thereunder,or the specifications for
the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change,
extension of time, alteration;addition,or modification to the terms of the Contract or to the work or to the specifications
thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal
beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF,two (2) identical counterparts of
this instrument, each of which shall for all purposes be deemed an original hereof,have been duly executed by Principal
and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly
signed by its undersigned representative(s)pursuant to authority of its governing body.
Dated: -
(Principal" "Surety" •
SOCAL PAC CONSTRUCTION CORP. ARCH INSURANCE COMPANY •
By Anton Anstett By: Shannon Lopez
Its President Its Attorney— n—Fact
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By: By:
Its Its
Date: February 8, 2007 •
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(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.
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• .P:1012 CIP-Copilot lnyrovemenr ProprmnW]]]ol14 FIRSTSTSERTR PUMP STATIOMPS6E-50T1.IFTRSTSTSEVER RAT 5741770MBOOXS I dt Il ofIltdo: 4. corn
CALIFORNIA ALL PURPOSE*KNOWLEDGMENT
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State of California
County of San Bernardino
On February 8, 2007 before me Kathleen Ryan,Notary Public
Personally appeared Shannon Lopez
[X] personally known to me -OR [ ] proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the
same in her authorized capacity, and that by her signature
on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
�;
KATHLEEN RYAN
m :- .L%. COMM. #1678421
U /.�. . NOTARY PUBLIC-CALIFORNIA X
V ' SAN BERNARDINO,COUNTY WITNESS my hand and official seal.
��n My Comm.Exp.JULY 26.2010
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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 Ibnn.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
[ ] INDIVIDUAL •
[ ] CORPORATE OFFICER
Performance Bond
Title(s) Title or Type of Document
[ ] PARTNERS [ ] LIMITED
[ ] GENERAL 3
[X] ATTORNEY-IN-FACT Number of Pages
[ ] TRUSTEE(S)
[ ] GUARDIAN/CONSERVATOR
[ ] OTI-IER: February 8, 2007
Date of Document
SIGNER IS REPRESENTING:
Arch Insurance Company SoCal Pacific Construction Corp.
Signer(s) other than Named Above
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1111 .
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Title or Type of Document:
Document Date: of Pages: • .
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Signer(s) Other Than Named Above: ?.
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Bond No. SU1017738
Premium Is Included In Performance Bond
BOND IS ISSUED IN THREE (3) COUNT•N NT
(LABOR AND MATERIALS)
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KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach,has awarded to SOCAL PACIFIC CONSTRUCTION CORP.
29885 SECOND STREET, UNIT J
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LAKE ELSINORE, CA 92532
(Name and address of Contractor) •
("Principal"),a contact(the"Contract")for the work described as follows: •
• THE FIRST STREET PUMP STATION REHABILITATION • •
PROJECT NO. 50214
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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 ARCH INSURANCE COMPANY
10755—F SCRIPPS POWAY PARKWAY #448
• • SAN DIEGO, CA 92131 • •
(Name and address of Surety)
("Surety")a duly admitted surety insurer under the laws of the State of California, as Surety,are held and thinly bound
unto the Public Agency in the.penal sum of TWO HUNDRED EIGHTY—EIGHT THOUSAND •& NO/100 Dollars
($288',000.00 ) 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 TINS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his, her or its heirs,
executors,'administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section
3181 of the California Civil Code,or any amounts due under the Unemployment Insurance Code with respect to work or .
labor performed under•the Contract, or for any amounts required to be deducted, withheld, and paid .over.to the
Employment Development Department from the wages of employees of the Principal-and subcontractors pursuant to.
Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract,-the.
Surety will pay for the same in an amount not exceeding the penal sum specified in this bond;utberwise,?hi£.obligation
shall become null and void.
• This bondshall 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
P.104.''pp-Capital Im ro„m,ciaPrvgmm101 50714 FIRST STSEWER PUMP STA OMPS&E-SOSIJFI%TSI'SWERPUMPSTAnONE00KS Iallofmdo 5 ' COMA
• •
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 thus instrument, each of which shall for all purposes be
deemed an original hereof, have been duly executed by Principal and Safety, on the date set forth below, the name of •
each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to
authority of its governing body. . • .
Dated:
• "Principal" "Surety".
•
SOCAL PACIF CONSTRUC ON CORP. ARCH INSURRAANCEE COMPANY • .
By: Anton Anstett • By: Shannon Lopez .
Its President Its Attorney- -Fact. •
By: • By: _. .
Its Its - ' . _- - , . -
•
Date: February 8-, 2007
. (Seal) . (Seal) •
Note:This bond must be dated, all signatures muse be notarized, and evidence of the authority of any person signing as
attorney-in-fact must be attached. • .
•
•
•
PAM GIP,Copllaliniprmenmm PrognmfO5]5O]J4FIRSISTSEWER POMPSTA7ION,PS&E.50214 FIRST-7'SEWER PUMP SPAT/OMSOOKS I&IloRltdac 'A corn
CALIFORNIA ALL PURPOSE•KNOWLEDGMENT
•
State of California
County of San Bernardino
On February 8, 2007 before me Kathleen Ryan, Notary Public
Personally appeared Shannon Lopez
[X] personally known to me - ! '
to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the
same in her authorized capacity, and that by her signature
on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
' KATHLEEN RYAN
m : COMM. 11678421 r1
Y ` i.. NOTARY FUBUGCALIFORNIA A
U ' / SAN BERNARDINO. COUNTY : WITNESS my hand and official seal.
�'n:, � My Gomm.Ezp.JULY 26,2010 2 ,,,,//
4a' e �1�C
PTIONAL
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 OFFER
Payment Bond
Title(s) Title or Type of Document
[ ] PARTNERS [ ] LIMITED
[ ] GENERAL 2
[X] ATTORNEY-IN-FACT Number of Pages
[ ] TRUSTEE(S)
[ ] GUARDIAN/CONSERVATOR
[ ] OTI-IER: February 8, 2007
Date of Document
SIGNER IS REPRESENTING:
Arch Insurance Company SoCal Pacific Construction Corp.
Signer(s) other than Named Above
• •
POWER OF ATTORNEY
Know AU Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint
Peter M. Davis, Martin M. Davis, George A. DeCristo, Shannon Lopez, Gale L. Delo and Kenzie K.Thompson of Redlands, CA (EACH)
its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit
•
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City,.,Mls)4, • -
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the:Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is.attached,.shall continue to be valid and binding upon the Company.
r .
00ML0013 00 03 03
Pagel of 2 Printed in U.S.A.
• •
In Testimony Whereof, the Company has causcd•this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this 4th day of AprIl V 20 06
Arch Insurance Company
Attested arid Certified
v ante C
O`�
COPVOWTE o'0
O
e 41
yy Sbt
/
✓ / yr" II�\ ✓y, �N f(\ MI`aroud}
•
Martin J. Niisery ecretary Edward M. Ti us Ice President
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
•
•
I Peter J. Calleo, a Notary Public, do hereby.certify that.Edward M. Titus and Martin J. Nilsen personally known to Me to
be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a
Corporation organized and existing under the laws of the State:of Missouri, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free a•• voluntary act • said corporation and as
their own free and voluntary acts for the uses and purposes therein set.forth.
PETER J. ALLEO,ESq.
Notary Public, State of New York , ' , \
No:02CW:09,3a6- . .�
Oraltled Iii New,York County Pe -r "Note T 'ubiIC
Commission Expires May 3, 2008 . My comrnlss • 'expires 5-03-2008
CERTIFICATION •
I, Martin J. Nilsen, Secretary of the Arch•Insurance Company, do hereby certify that the attached Power of Attorney dated
on behalf of the person(s) as listed above is a true and correct.copy and that the acme has`beentin full force:and effect
since the date thereof and is in full force and effect on the date of this'certificate; and 7 do further certify that the said
Edward M.'T.itus, who executed the Power of Attorney as Vice President, was'on-the date of execution of the attached
Power of Attorney the duly elected Vice President of-the Arch Insurance Company... ••
•
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affi d the corpora- se•I of the Arch Insurance
Company on this 8th day of February 2a07 � � •
•
. Martin J. Nils- , Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they,have no authority to bind the,Company exceptin the manner and.to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch-Contractors & Developers Group
135 N. Robles Ave„ Ste. 825 -
Pasadena, CA 91101
-
�y gJYance�
_ r
CORIVRATE
-} g SIAI. w
a
00ML0013 00 03 03 MlPtoud
Page 2 of 2 Printed in U.S.A.
• 0 •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
,-- -. ..a,,, -,• -, SILs..1 - •. S-Si. F.1•117.• ��9-ii9 '- M o .• act tO .:n,.w•:
e State of California •
. ss. e
e County of Riverside • v;
Z•
e On-4e 10 1 7 , before me, Cind Banta No . 1 • y
( Date Name and Vile of Officer(e.g.,'Jane Doe,Notary Public') .
9
• personally appeared Anton Anstett s •
I Name(s)of Signer(s) 9
9.•
®personally known to me y
• O proved to me on the basis of satisfactory
i evidence -
�� R
,r r.147zuse z to be the person(%) whose name(a) is/atex v
SIIt:� tlypryAiie•c subscribed to the within instrument ' and *c
^ ' pwenidee acknowledged to me that hetehettS executed
cS;n� wires 2 4 the same in hisfliiiik&iloisc authorized
Y.
•
t capacity(iee3x and that by hisibbatt3C 'v •
signature(w) on the instrument the person(%), or 9� .
e the entity upon behalf of which the person(q)
ti • acted, executed the instrument. y,
fr v.
e WITNESS my hand and..official/seal. . v •
11 . �` ' r
•
Place Notary Seal Above (Wilt Signature of Notary Public -
.Q
ct . v
e OPTIONAL • A
91 T hough the information below is not required by law, it may prove valuable to persons relying on the document 9 .
and could prevent fraudulent removal and reattachment of this form to another document.
e • Description of Attached Document •
{ Title or Type of Document: y
fl Document Date: NumberofPages: • - - .
Signers) Other Than Named Above: r.
it Capacity(ies) Claimed by Signer - - - i •
•
Signer's Name: . -IOW THUMBPRINT 9
OF SIGNER
R •
j ❑ Individual •.. - . Top o thumb Mere •
•
❑ Corporate Officer—Title(s): . . 9
❑ Palmer —0 Limited ❑ General . . • • . D •
••
I. ❑ Attorney infFact • . ?
•
Il ❑ Trustee • ? •
I• ❑ Guardian or Conservator - - - -
9
•
❑ Other: � s
Signer Is Representing:
•
re J-a7- SYS1•✓'( OWCO2•SW.FNUCSO•,I-aY4 ✓Ky<CVCw<Cdrt7 w stis,7(flkU•ay.'Y6teFren.e<tei0.tir✓4WiteCv.':> U<CY'Fifrir :S"Cq:v•.i.-
0 1997 National Notary Association'9350 De Soto Ave.,P.O.Nor 2402-Chatsworth.CA 91313-2402 Prod.No.5907 Reorder cat Tot-Free 1.600-876.6627
•
• SOCAPAC-01 FOAL
ACORDn, CERTIFICA4OF LIABILITY INSURAkE DAT2/82007°")
PRODUCER (888) 825-4322 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Bowermaster&Associates Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.O. Box 6026 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
10805 Holder Street-Suite 350
Cypress, CA 90630 INSURERS AFFORDING COVERAGE NAIC#
INSURED Socal Pacific Corp INSURER A:Liberty Surplus Insurance Corporation
29885 Second St, Unit J INSURER B:Nationwide Mutual Insurance Company
Lake Elsinore, CA 92532-2415 INSURER C:RSUI Indemnity Company
- INSURER D:Fireman's Fund Insurance Company
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.
ILTRtADRD I POLICY NUMBER POLICY
DATE IMMIDDIYYI POLICY TE IMM//DDIYYIN LIMITS
LTR NSRD TYPE OF INSURANCE
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
A X X COMMERCIAL GENERAL.LIABILITY DGLSF184210034 11/15/2006 11/15/2007 PREMISES EO RE N�ED n ce) $ 50,000
CLAIMS MADE X I OCCUR MED EXP(Any one person) $ Included
PERSONAL S.ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000
X
POLICY I� PRO-
JFCT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
B X ANY AUTO
ACPBA7802482368 1/5/2007 1/5/2008 (Ea accident)
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
X HIRED AUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
X $500 Comp Deductible
PROPERTY DAMAGE
X $500 Collision Deductible (Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
1 AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 3,000,000
C X OCCUR CLAIMS MADE NHA217718 11/15/2006 11/15/2007 AGGREGATE $ 3,000,000
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND _I WRY LMT I LER_
EMPLOYERS'LIABILITY
E.L.EACH ACCIDENT $
ANY OFFICER/MEMBER EXCLUDED?OFFICER/MEMBER EXCLUDED? E L.DISEASE-EA EMPLOYEE $
I(yes,describe under
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $
OTHER
D Commercial Property MXI98307532 2/15/2006 2/15/2007 Leased/Rented Equipment $375000
D Commercial Property MXI98307532 2/15/2006 2/15/2007 Broad Form/ReplacemntCc 10%Deductible
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
See attached page.
-CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Seal Beach DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 0 DAYS WRITTEN
211 8th Street
Seal Beach, CA 90740- NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
2
ACORD 25(2001/08) Ter = ACORD CORPORATION 1988
• OCAPAC-01 FOAL PAGE 1 OF 1
DESCRIPTION OF OPERATIONS -
Socal Pacific Corp I City of Seal Beach
29885 Second St, Unit J 211 8th Street
Lake Elsinore CA 92532-2415 Seal Beach CA 90740-
`10 Days Notice of cancellation will be sent for non-payment of premium`
Job : First Street Sewer Pump Station Improvements
The City of Seal Beach, its city council and each member thereof, and every officer, official, agent, employee or volunteer of the
City are Additional Insured as respects to General Liability, per form CG2010 1185 attached.
Blanket Waiver of Subrogation applied per form CGL 1025 0103 attached.
Primary Insurance Clause applied per form CGL 1031 0403 attached.
• •
POLICY NUMBER: DGLSF184210034 COMMERCIAL GENERAL LIABILITY
NAMED INSURED: SoCal Pacific Corp.
THIS ENDORSEMENT CHANGES THE POLICY,PLEASE READ IT CAREFULLY. _
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization: The City of Seal Beach, its city council and each member thereof,
and every officer,official,agent,employee or volunteer of the City
(If no entry appears above,the information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED(Section II)is emended to include as an insured the person or organization shown in the
rgy
Schedule but only with respect to lability arising out of'your work'for that insured by or for you.
CG 20 10 11 85 Copyright,Insurance Services Office,Inc.,1984
• i
��� SI. •
INCorporation - -
a mr nn:n+o'vumni Group
Liberty Surplus insurance Corponoon
ENDORSEMENT NO. 10 -
•
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
•
1 1115/06 13G LSF 184210034
Endorsement Effective Date: policy No.:
•
Insured: Socal Pacific Corp.
i
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US •
•
•
It is hereby agreed that Section VI,item 8.Subrogation,is modified as follows:
SCHEDULE
Name of Person or Organization: As required by written contract.
(If no entry appears above,information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement.) •
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition
(Section IV-COMMERCIAL GENERAL LIABILITY CONDITIONS)is amended by the
addition of the following:
We waive any right of recovery we may have against the person or organization shown in the
Schedule above because of payments we make for injury or damage arising out of your ongoing
operations or"your work"done under a contract with that person or organization. This waiver
applies only to the person or organization shown in the Schedule above.
CGL 1025 0103
•
S
toe
r..
\ Corporation -
meneonr Uttar NUM,Crvuf
Libcrry Surplus Insurance Corporation
ENDORSEMENT NO. 19
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY
Endorsement Effective Date: 11/15/06 policy No.: DGLSF 184210034
1'nsured: Socal Pacific Corp.
PRIMARY INSURANCE CLAUSE ENDORSEMENT
To the extent that this insurance is afforded to any additional insured under the policy,such
insurance shall apply as primary and not contributing with any insurance carried by such
additional insured,as required by written contract.
•
Nothing herein contained shall be held to waive,vary,alter or extend any condition or
provision of the policy other than as above stated.
•
•
CGL 1031 0403 Page 1 of 1
•
•
From:1.3748124 Page: 4/10 Date: 2/7/2007 1011 AM
•
WORKER'S COMPENSATION •
CERTIFICATE OF INSURANCE
WHEREAS,the CITY OF SEAL BEACH has required certain insurance to be provided by
State Compensation Insurance Fund •
NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies
described below to the following named insureds and that the same are in force at this time. •
1. This certificate is issued to: CITY OF SEAL BEACH, City Hall,21I EIGHTH STREET, SEAL BEACH, CA
• 90740-6379.-
2. The insureds under such policy or policies are: SoCal Pacific Corp.
3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of California
covering all operations of the named insureds,.as follows: •
POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE
046001596307 • 01/01/2007 01/01/2008 •
•
•
•
4. Said policy or policies"Ita not be canceled, voided or reduced in coverage or limits of liability, unless and.
until thirty days'advance written no • e thereof has been served upon the City Clerk of the CITY OF SEAL BEACH.
By.
-fie.
prized Re.resentative
•
•
•
•
•
•
•
•
P:142 OP.Capita llmprovm+al Froprc rW52501NFIMPPSTSEWER P[J MP 574I70MPSd&E-5017U FIRS TSTSEWER P(AP SPA 7JOMBOOKSI&i1 o/ISt.dac 13 coinin
•
•
From 4,748124 Page: 5110 Date: 2/7/2007 10:4111 AM
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
SoCal Pacific Corp., 29885 Second Street, Unit J, Lake Elsinore, CA 92532-2415
Name and address of named insured("Named Insured"):
• Liberty Surplus Insurance Corporation, 175 Berkeley Street, Boston, MA 02117
Name and address of Insurance Company("Company"):
THE FIRST STREET PUMP STATION REHABILITATION PROJECT
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 terms, conditions and
exclusions applicable to such insurance)includes liability assumed by the Named Insured under the indemnification
and/or hold harmless provision(s)contained in or executed in conjunction with the written agreement(s)or permit(s)
designated above,between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,change in coverage,reduction
of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public
Agency, by certified mail,return receipt requested,not less than thirty(30) days prior to the.effective date thereof,
In the event of Company's failure to comply with this notice provision,the•policy as initially drafted will continue in
full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting
within the scope of their duties,from all claims, losses and liabilities arising out of or incident to the perils insured
against in relation to those activities described generally above with regard to operations performed by or on behalf'
of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the
Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction,
interpretation,and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at
• Director of Public Works
City of Seal Beach
211 8th Street -
Seal Beach CA 90740
i -
PAD GP-Capitol lmprmen",rtVronn)lo5r 50114 MST STSEWPJtPOMP SIA7I0NIPSB-£-30114 FlRSTSf SEWER PU.1fP'ST.1T10N900K51 fill a///f.CO.' '
14 cotrrsa
From..748124 Page:6/10 Date: 2/7/2007 10:0 AM
•
10. Except as stated above and not in conflict with this endorsement,nothing contained herein shall be held to waive,
_alter or extend any of the limits, agreements,or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD 11/15/06 to LIMITS OF $2,000,000 Agg.
THIS ENDORSEMENT ATTACHES FROM/TO 11/15/07 LIABILITY $1,000,000 0cc. •
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the
above coverages. Includes:
•
Sl Contractual Liability ❑ Explosion Hazard
❑ Owners/Landlords/Tenants ❑ Collapse Hazard
•
❑ Manufacturers/Contractors 0 Underground Property Damage
Xl Products/Completed Operations ❑ Pollution Liability
?9 Broad Form Property Damage ❑ Liquor Liability
j - ❑.Extended Bodily Injury ❑ - •
❑ Broad Form Comprehensive ❑ _
O General Liability Endorsement ❑
•
12. A deductible or ❑ self-insured retention (check'one) of$ 1 ?,v'L'\i •
applies to all coverage(s)except: None
•
(if none,so state). The deductible is applicable❑per claim or❑per occurrence(check one).
•
13. This is an a occurrence or 0 claims made policy(check one). •
•
14: This endorsement is effective on 11/15/2006 at 12:01 A.M.and forms a part of Policy
Number DGL5F184210034 •
•
I, Jim Rose (print name),hereby declare under
penalty of perjury under the laws Of the State of California; that I have the authority to bind the Company to this
endorsement and that by my execution hereof,I do so bind the Company.
Executed February 8 ,20 07---
•
Sig..ture of Authorized Representative
(Original signature only; no facsimile signature or initialed signature accepted)
Phone No: (888 ) 825-4322 - -
•
•
•
P:1042 CJP-Caprallnprovemenr Programl0]2 50214 FIRST ST SLIVER PUMP STATIOMPS&E•5021!FIRSTSTSEWR FIAT STMOMBOOKSMI7 oflR:do.• 15 COMAA
•
From.6748124 Page: 7/10 Date: 217/200710:.AM
• ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY •
SoCal Pacific Corp., 29885 Second Street, Unit 3, Lake Elsinore, CA 92532-24'15
Name and address of named insured("Named Insured"):
Nationwide Mutual Insurance Co., 1100 Locust St., Des Moines, IA 50391 -
_ Name and address of Insurance Company("Company"):
THE FIRST STREET PUMP STATION REHABILITATION
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the"Policy")or
in any endorsement now or hereafter attached thereto,it is•agreed as follows:
The City of Seal Beach, its elected officials,officers,attorneys, agents,employees,and volunteers are additional insureds
• (the above named additional insureds are hereafter referred to as the"Additional Insureds")under the Policy in relation
to those activities described generally above with regard to operations performed by or on behalf of the Named Insured.
The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
1. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,and no other
insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages
provided by the Policy. —
• 2. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is
made or suit is brought except with respect to the limits of the Company's liability. •-
3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the
policy against another insured under the policy. All such claims shall covered as third-party claims,i.e.,in the same
manner as if separate policies had been issued to each insured..Nothing contained in this provision shall operate to
increase or replicate the Company's limits of liability as provided under the policy.
4. The insurance afforded by the Policy for contractual liability insurance (subject to the.terms, conditions and
exclusions applicable to such insurance) includes liability assumed by theNamed Insured under the indemnification
and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s)
designated above,between the Named Insured and the Additional Insureds.
5. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage,reduction
of limits (except as the result of the payment,of claims), or non-renewal except after written.notice to Public
Agency, by certified mail,return receipt requested, 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. ' -
6. 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.
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.
l _ This endorsement and all notices given hereunder shall be sent to Public Agency at: ,
Director of Public Works •
City of Seal Beach -
- 211 8th Street
Seal Beach CA 90740
•
P:'°'o GP Cap/rat Pr ogranno 52 50214 FBLsT Sr SEWER PUMP 50114 FIRSTS(SEWER PUMP STAT/OMBOOXS I&12 of 171.4c 16 coNttA
From:748124 Page: 8/10 Date: 2/7/200710:4D AM
•
7. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive,
alter or extend any of the limits, agreements,or exclusions of the policy to which this endorsement.is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD 01/05/07 to
LIMITS OF 01/05/08
THIS ENDORSEMENT ATTACHES FROM/TO
• LIABILITY -
Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the
above coverages. Includes:
2 Any Automobiles ❑ Truckers Coverage
❑ All Owned Automobiles ❑ Motor Carrier Act
0 Non-owned Automobiles • 0 Bus Regulatory Reform Act
• HI Hired Automobiles ❑ Public Livery Coverage •
N Scheduled Automobiles ❑
❑ Garage Coverage • ❑
11..A iX deductible or ❑ self-;insured retention (check one)of$ 1,000 • applies to all
coverage(s)except: •
(if none,so state). The deductible is applicable per claim or❑per occurrence(check one)..
12. This is an ❑ occurrence or 0 claims made policy(check one).
13. This endorsement is effective on 01/05/2007 at 12:01 A.M. and forms a part of Policy Number
ACP7802482368 .
•
-I, Jim Rose • - . . - -(print-name), hereby declare under
penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this
endorsement and that by my execution hereof,I do so bind the Company.
•
•
Executed February 8 , e 0,7
•
Signature of Authorized Representative / L-
(Original signature:only; no facsi lb ignature or initialed signature accepted)
PhoneNo.: (888 ) 825-4322
•
•
•
•
• P:1442IP.Capital lnpronnrcnl ProgrmmW5150214 FIR5717 SEW ER PUMPSTAHOMPS&E-10214 FIRSTST.SEWER PUMP STArIOMBOOKSI&I IIII.COr •17 CONTRA •
•
•
From. 16748124 Page: 3110 Date: 2/7/2007 10: 5 AM
•
INSURANCE REQUIREMENTS FOR CITY OF SEAL BEACH
PUBLIC WORKS CONTRACT •
LIABILITY INSURANCE
The Contractor shall at all times during the terms of the Contract carry, maintain, and keep in full.force and effect a
policy or policies of comprehensive general liability insurance in which the City, along with its City Council and each
member thereof,and every officer,official, agent, attorney,.employee or volunteer of the City,is the named insured or is
named as an additional insured with the Contractor in accordance with Section 7-3 of the Standard Specifications. The
insurance company;issuing such policy(ies) must be acceptable to, and approved by, the City Engineer and City
Attorney. Contractor shalt maintain limits of no less than One Million Dollars (51,000,000) combined single limit
coverage per occurrence for personal injury or death or property loss or damage•which may arise from or relate directly
or indirectly to the acts,operations or omissions of the performance of the Contractor and/or its subcontractors and/or the
employees, agents, officers, officials or volunteers of either, in The performance of this Public Works Contract. Such
insurance shall.include coverage for all automobiles utilized by Contractor's or any subcontractor's•employees or agents
in the performance of the Contract. Contractor shall also provide an endorsement in substantially the form set forth
below. .
ENDORSEMENT
IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SEAL BEACH,ITS CITY COUNCIL AND
•
EACH MEMBER-THEREOF, AND EVERY OFFICER, OFFICIAL, AGENT, EMPLOYEE OR VOLUNTEER OF
•
CITY SHALL BE NAMED AS JOINTLY AND SEVERALLY INSURED AS RESPECTS CLAIMS ARISING OUT
•
OF THE FOLLOWING PROJECT:
THE FIRST STREET PUMP STATION REHABILITATION
•
IT IS FURTHER AGREED THAT THE FOLLOWING INDEMNITY AGREEMENT.BETWEEN THE CITY OF
SEAL BEACH AND THE NAMED INSURED IS COVERED UNDER THE POLICY: CONTRACTOR AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS CITY COUNCIL AND EACH MEMBER THEREOF
AND EVERY OFFICER, OFFICIAL, EMPLOYEE, ATTORNEYS, AGENT, AND VOLUNTEER OF CITY FROM
AND AGAINST ANY AND ALL LIABILITY OR FINANCIAL LOSS RESULTING FROM ANY SUITS, CLAIMS,
LOSSES OR ACTIONS BROUGHT AGAINST, AND FROM ALL COSTS AND EXPENSES OF LITIGATION •
BROUGHT AGAINST, CITY, ITS CITY COUNCIL AND ANY MEMBER THEREOF, AND ANY OFFICER,
OFFICIAL, EMPLOYEE,.AGENT, ATTORNEY OR VOLUNTEER OF CITY WHICH RESULTS, IN WHOLE OR
IN PART, DIRECTLY OR INDIRECTLY, FROM ANY WRONGFUL OR NEGLIGENT ACT.OR OMISSION OF
CONTRACTOR OR ANY SUBCONTRACTOR, OR AN OFFICER, EMPLOYEE OR AGENT OF EITHER, OR •
ANYONE FOR WHOSE ACTS ANY OF THESE MAY BE LIABLE,WHILE ENGAGED IN THE PERFORMANCE
OF THIS CONTRACT, EXCEPT WHERE SUCH LIABILITY OR .LOSS IS SOLEY CAUSED BY THE
NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY. . . - •
•
THE INSURANCE COVERAGE SHALL APPLY SEPARATELY TO EACH INSURED AGAINST WHOM A • •
CLAIM IS MADE OR SUIT IS BROUGHT, EXCEPT THAT THE INCLUSION OF MORE THAN ONE INSURED • - • -
SHALL NOT OPERATE TO INCREASE THE LIMITS OF THE COMPANY'S LIABILITY.
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 MAIL/RETURN 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 SHALL 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 CITY.
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.
P 901]OP-Capitol lmpro,rmenl Pragrenn05J50214 FIRST Sr.SENFR PU M,SFArrOMPS&E_S0214 FIRSTS TSEWER PUMP SfA]rOMEOORSP&!I ofiltdar • ' 11 conaA -
From*6748124 Page 9140 Date:217/2007 10. AM
•
•
•
ADDITIONAL INSURED ENDORSEMENT •
EXCESS LIABILITY
SoCal Pacific Corp., 29885 Second Street, Unit J, Lake Elsinore, CA 92532-2415
Name and address of named insured(`Fanned Insured"):
• RSUI INdemnity Company, 945 East Paces Ferry Road, Atlanta, GA 30326
Name and address of Insurance Company("Company"):
•
• THE FIRST STREET PUMP STATION REHABILITATION
•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 hamed'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 terms, conditions and
exclusions applicable to.such insurance) includes liability assumed by the Named Insured under the indemnifica-tion
and/or hold harmless provision(s) contained in or executed in.conjunction with the written,agreement(s) or 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 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.
•
•
;P:t011 Crf-Caplral Improvme„i Progroaa105150214 FIRSISrSEWF_R?VW.rrAr10MPS&r.-MP FIRST ST SEWER PUMP STA710MBOOKSI&rl o/111.ex- 18 COMRA'
From: 0748124 Page: 10/10 Date: 2/7/2007 101 AM
•
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
Director of Public Works
City of Seal Beach
211 Sth Street
Seal Beach CA 90740
10. Except as stated above and not in conflict with this endorsement; nothing contained herein shall be held to
waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD 11/15/2006 to
LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO 11/15/2007
LIABILITY
131 Following Form .
•
,❑ Umbrella Liability
•
11. Applicable underlying coverages: •
. INSURANCE COMPANY RSUI Indemnity Insurance Co. POLICY NO. NHA217718
AMOUNT $3,000,000
•
12. The following inclusions,exclusions, extensions or specific provisions relate to the above coverages:
13. A 0 deductible or.0 self-insured retention(check one) of$ NONE. . • applies to•all
coverage(s) except: NONE - (if none, so state).
The deductible is applicable❑ per claim or❑per occurrence(check one).
14. This is an lil occurrence or 0 claims made policy(check one). •
15. This endorsement is effective on 11/15/2006 at. 12:01 A.M. and forms a part of Policy
NumberNHA217718
I, Jim Rose (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.■ d Februar a ,20 07 -
a •
4
nature of Authoriz : •epresentative .-
(Original signature only; no facsimile signature or initialed signature accepted) .
Phone No.: (888 ) 825-4322
•
-P:1042 CIP.Cnplmllmprovrmem P,o rmrdu52sO}!!FIRST STSEWEH PIMP STATfOMPS&E.50214 FIRSTS TSEWER PUMP STLIUOMBOOKSP&II fIllrta '- 19 con,
.