HomeMy WebLinkAboutAGMT - ACE Restoration & Waterproofing #715PLEASE COMPLETE THIS INFOf>,...,TION
RECORDING REQUESTED BY:
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AND WHEN RECORDED MAIL TO:
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TITLE OF DOCUMENT:
Official Records, County of Orange
Gary Granville, in
i lle, Clerk- Recorder
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059-TITLE PAGE (R7/95)
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4
WHEN RECORDED RETURN TO:
CITY OF SEAL BEACH
211 8TH STREET
SEAL BEACH, CALIFORNIA 90740
RECORDING REQUESTED PURSUANT TO
GOVERNMENT CODE SECTION 6103
RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS
AND SPECIFICATIONS FOR PROJECT #715, CONSTRUCTION OF
uE
— 314q, AL P.E A CH- CONCRETE VIER REHAB?LIT ATION,
CONTRACT ENTERED INTO BETWEEN ACE RESTORATION AND
WATERPROOFING, INC. AND THE CITY OF SEAL BEACH
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, on March 13, 2000, the City of Seal Beach entered into a contract with
Ace Restoration and Waterproofing, Inc.
WHEREAS, the City Engineer has determined that the work has been substantially
completed in accordance with the contract documents.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Seal
Beach as follows:
Section 1 . That the work required to be performed by said Contractor has been
completed.
Section 2. That the total cost of said work is in the amount of $ 36,925.35.
Section 3 . That the work is hereby accepted and approved. /
Section 4 . It is further ordered that a "Notice of Acceptance ", Exhibit "A ", be filed
on behalf of the City is in the Office of the County of Orange within 10
days of the date of this resolution.
PASSED, APPROVED AND ADOPTED by the CAy Council of the City of Seal
Beach at a meeting thereof held on th ay of 2000, by the following
vote: n
AYES: Councilmem
NOES: Councilmen
ABSENT: Councilmem
ATTEST: 1- yl
Clerk
a .
Mayor
STATE OF CALIFORNIA)
COUNTY OF ORANGE )SS
CITY OF SEAL BEACH)
L Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number on file in the
office of the City Clerk, passed, approved, and adopted by the City Coupuil of the
City of Seal Beach, at a regular meeting thereof held on the ay of
2000.
P
t 'Clerk /
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
211 8"' Street
Seal Beach, CA 90740
Space of above this line for Recorder's use.
* ** No Recording Fee Pursuant to Government Code Section 6103, 27383 * * **
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the
property hereniafter described:
2. The full name of the owner is: City of Seal Beach
3. The address of the owner is: City of Seal Beach, 2118 Street, Seal Beach, CA 90740
4. The nature of the interest or estate of the owner is; In fee. The City of Seal Beach.
5. A work of improvement on the property hereinafter described as completed on 5/3/00 The work was:
Concrete Pier Rehabilitation, Project 715
6. The name of the contractor, if any, for such of improvement was: Ace Restoration and Waterproofing,
Inc.. The date of the Contract was: March 13, 2000.
7. The property on which said work of improvement was completed in the City of Seal Beach, County of
Orange, State of California, and is described as follows: Seal Beach Pier
Date:
named in paragraph 2
ASST. CITY ENGINEER
VERIFICATION
I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have
read said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on V /Mv e - z3 , 19 _ , at Seal Beach, California.
(Elate df Signature)
DirectorofPublic Works
EXHIBIT °A"
• •
BOOK 11 OF 111
CONTRACT DOCUMENTS
DOCUMENTS TO SUBMIT UPON AWARD:
PUBLIC WORKS CONTRACT, PERFORMANCE BOND, PAYMENT BOND,
INDEMNIFICATION AND HOLD HARMLESS, LABOR LAW REQUIREMENTS,
ACKNOWLEDGEMENT OF LICENSE LAW, WORKMEN'S COMPENSATION
CERTIFICATE, ADDITIONAL INSURED (COMPREHENSIVE, AUTO, EXCESS
FOR:
SEAL BEACH CONCRETE PIER REHABILITATION
PROJECT #715
These Contract Documents are the exclusive property of the Agency and shall not be used in any manner without prior
consent of the Agency. Any reuse of these plans and specifications by Others shall be at Other's sole risk and without
liability to the Agency.
CITY OF SEAL BEACH - 211 EIGHTH STREET - SEAL BEACH, CA 90740 -6379
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•
SEAL BEACH CONCRETE PIER REHABILITATION
For THE SEAL BEACH CONCRETE PIER REHABILITATION. in the City of Seal Beach.
THIS AGREEMENT. made and entered into this day of . 19 , by and between the
City of Seal Beach. California. hereinafter referred to as the "CITY." Pam of the First Part. and
Arp Pe tnratinn g Waterprnnfing, Inc. hereinafter designated as the
"CONTRACTOR." Party of the Second Pan.
,WITNESSETH: That the Parties do hereto mutually agree as follows:
V;
`),, 'ARTIC, die For and in consideration of the payments and agreements hereinafter mentioned to be made and
ucrformed'cby, said CITY. the CONTRACTOR agrees with said CITY to SEAL BEACH CONCRETE PIER
i2'.... and to perform and complete in a good and workmanlike manner all the work pertaining thereto
csho."i1 on theidnnTings and described in the Specifications and Contract Documents. therefore. to furnish al his own
.,pro per costaiid, expense all tools. equipment. labor and materials necessary therefore (except those materials expressly
Ck, Lied ,aslo furnished by the CITY), and to do everything required by this Agreement and the said Specifications -
+,.DfnciegcFananu q 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 even 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 fill compensation. therefore, the unit prices and the lump sum prices
named in the Schedule of Work Items of the Proposal.
ARTICLE 111. 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 teens and conditions herein contained
and referred to for the price aforesaid_ and hereby contracts to pay the same. at the tine_ in the manner and upon the
conditions set forth in the Specifications and Contract Documents. and the said parties for themselves. their heirs.
executors. administrators, successors and assigns. do hereby agree to the full performance of the covenants herein
contained.
ARTICLE IV. The advertisement for Bids. the Proposal. the Specifications. and the Drawings mentioned therein. and
• all addenda issued by the CITY with respect to the foregoing prior to the opening of bids. are hereby incorporated in and
made a part of this Agreement.
ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically
referred to and by this reference is made a part of this contract. ]t is further expressly agreed by and between the parties
hereto that should there be any conflict between the terns 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
terns of said proposal conflicting herewith.
ARTICLE VI. By any 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 1 will comply with such provisions before
commencing the performance of the work of this contact.
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IN WITNESS WHEREOF_ The Panics hereto have caused this contract to be executed the day and year first above
yrttletL
CITY OF SEAL BEACH. CALIFORNIA
Party of the First P'
BY
City Manager
IATTESTJ
/6.0%i
Ace Res atio ^�.• e. ing, Inc.
•
=`r CTOR - Pam of the Second Pan ` ,
Scott P. Lansburg, President --
Title =
740 E Walnut Avenue, Fullerton CA 928:52!., !_
Address . = a
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• •
Bond No. 8084574
Bonds Issued: 3
Bond Premium: $875.00
• PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
•
WHEREAS the City of Seal Beach. hasaw.arded Ace Restoration & Waterproofing, Inc.
740 E. Walnut Ave.
Fullerton, CA 92832
(Name and address of Contractor)
( "Principal" )..a contract (the "Contract ") for the work described as follows: ,,..:..,,
Seal Beach Concrete Pier Rehabilitation — Project #715 0‘( %
-- t •
•
_I Six(` � • -
WHEREAS, Principal is required under the terns of the Contract to furnish a bond for the faithful perfonnauee0& lle.'
Contract.
NOW, THEREFORE. we the undersigned Principal. and Fidelity and Deposit Company of Maryland
225 S. Lake Avenue, Suite 700
Pasadena, CA 91101
(Name and address of Surety)
("Surety ") a duly admitted surety insurer under the laws of the State of California. as Surety. are held and firmly bound
unto the Public Agency in the penal sum of Thirty — Five Thousand Dollars 00 /100
Dollars $ * *35,000 ** ). this amount being not less
than the total contract price. in lawful money of the United States of America. for the payment of which sum well and
tnnly to be made. Nye bind ourselves. our heirs. executors. administrators. successors. and assigns. jointly and severally.
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT. if the hereby bounded Principal. his. her or its heirs.
executors. administrators. successors or assigns. shall in all things stand to and abide by. and well and talc keep and
perform all the undertakings, terns. 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 roamer therein
specified. and in all respects according to their true intent and meaning. and shall indemnify and hold harmless the Public
Agency_ its officers. agents. and others as therein provided. then this obligation shall become null and void; otherwise. it
shall be and remain in full force and effect.
In case suit is brought upon this bond. Surety further agrees to pay all court costs and reasonable attorneys' fees in an
amount fixed by the court.
R:.spe“Deal hcachucul hch .se eer WWI hOle
•
• •
FURTHER. the Surety. for value received. hereby stipulates and agrees thatno 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 wider 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 instnunent_ 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 bode.
Dated:
"Principal" "Surety"
Ace Restoration & Fidelit and De._s ' • Com.an of Maryland
Water•roofv� I. 4 � ./,l ,
By: a By Ilk l '
�s.• Its J.W. Johnson, Attorney—In—Fact
_
Bc ; Bn
Its
Its .
i
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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.
•
•
•
Ia tryeev LV,.,,l be icI'.vat hch,'M m-nionholr
•
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203 -1227
Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by W. B. WALBRECHER, Vice - President, and T. E. SMITH, Assistant Secretary,
in pursuance of authority granted by Article VI, Section 2,'of the By -Laws of said Company, which are set forth on the
reverse side hereof and are hereby certified to be in full . e and effe the date hereof, does hereby nominate,
constitute and appoint J. W. Johnson, of Fullerton, Califs. its true am ful agent and Attorney -in -Fact, to make,
execute, seal and deliver, for, and on its behalf as sure .1/4 • as its ac . •t:••eed: any and all bonds and undertakings
and the execution of such bonds or undertakings in p yy e of then,= -nts, shall be as binding upon said Company, as
fully and amply, to all intents and purposes, as if tt s4:r. been d• cuted and acknowledged by the regularly elected
officers of the Company at its office in Baltimor ` in their •"'•.„ l.proper persons. This power of attorney revokes that
issued on behalf of J. W. Johnson, dated Janu. L+' 998.
The said Assistant Secretary does hereby �' `` that rte. tract set forth on the reverse side hereof is a true copy of
Article VI, Section 2, of the By -Laws of s party, . •1. ow in force.
IN WITNESS WHEREOF, the said �• eside •Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the , s4t2iDELI7�', DEPOSIT COMPANY OF MARYLAND, this 19th day of
November, A.D. 1999. V
ATTEST: FIDELIIT 41.4" 4 SIT COMPANY OF MARYLAND
F •�� B
T E. Smith % Secretary W. B. Walbrecher Vice- President
State of Maryland • ss:
County of Baltimore J
On this 19th day of November, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came W. B. Walbrecher, Vice - President and T. E. Smith, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and
being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the
authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
4 p"
Carol) Fa• -r - ;NotaryPublic
My Commissi • Expires: - August 1, 2000
L1428- 012 -4152
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the
Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive
Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to
appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may
require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking,
recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees,
mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby
certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect
on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was
one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as
provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution
of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and
held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore
or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said
Company,this
29th day of March , 2000 / /Y
i �v
Assistant Secretary
• •
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
'C- - .- _ - - - _ —_ - - - . - - - - - . - .- .-- ._____ - -_ v V v -oy
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d State of California •'
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Ss. S'
2 County of Orange S'
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On 03 - - , before me, Sandi Forte, Notary Public
{ Dale Name and Title of Officer (e.g..'Jane Doe. Notary Public')
t personally appeared J.W. Johnson b
Name(s) of Signer(s) 9
g personally known to me
1 : ❑ proved to me on the basis of satisfactory t
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1 1 Snt.Dl FORTE subscribed to the within instrument and
A PI 1 r r rni5sion # 1212058 acknowledged to me that he /S Wtfxag executed
`I r - ° teary Public - California
the same in his /DS�ti� authorized
a a?� Orange County
fi .,rsr "' ASycomm.Erp'se` capacity(Xa3), and that by his /kerMt>traa
a Tr+m. signature(%) on the instrument the person(s)), or
the entity upon behalf of which the person( J)
acted, executed the instrument.
fi
W 4 NESS my - a d o • ci.l seal.
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e Place Notary Seal Above Signature of Notary Public A
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Though the information below is not required by law, it may prove valuable to persons relying on the document 9
1 and could prevent fraudulent removal and reattachment of this form to another document. • S
I Description of Attached Document
Title or Type of Document: Bond
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E Document Date: 03 - - Number of Pages: 1 -
d
Signer(s) Other Than Named Above: - y
•
( Capacity(ies) Claimed by Signer b'
A Signer's Name: RIGHT THUMBPRINT P '
I. I: Individual OF SIGNER '
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1 4 ❑ Corporate Officer — Title(s): 9 • E ❑ Partner — ❑ Limited ❑ General 91
A E xAttorney in Fact - yl
A ❑ Trustee 91
A ❑ Guardian or Conservator $1
A ❑ Other: 9 l
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s Signer Is Representing: Fidelity And Deposit Company of Maryland 3
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0 1997 National Notary Association • 0350 De Solo Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 Prod. leo. 5907 Raeder. Call Toll-Free 1400-8706527
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
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.. State of California .'
9i
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91
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, On March 30th, 2000, before me, Cynthia D. Forster, Notary Public
I�. Date Name and Title of Officer (e.g., 'Jane Doe. Notary Public')
1i personally appeared Scott P. I anshurg 'sI
le Name(s) of Signer(s) $1
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it to be the person(t) whose nameQ.S3 is /8114 o1
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the same in his / WWf/04K authorized g
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'9 , ' -� CY NTHIA D. FORSTER signature(19) on the instrument the person(t), or 's.
lit t i i. - Commtsslon# 1257885 the entity upon behalf of which the person(S�} I'
HE i : Hatay Public — California ! 91
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,... Orange County :91 I i Comm. Feb 7, 7004 - 91
I.' WITNESS my hand. and, ff ci seal. '1
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1e and could prevent fraudulent removal and reattachment of this form to another document. 8i
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Description of Attached Document
e Title or Type of Document: Performance Bond - City of Seal Beach
i
1 e Document Date: March 29th, 2000 Number of Pages: yl
1e
ii
Signer(s) Other Than Named Above: none '
)1
ii Capacity(ies) Claimed by Signer /1
l� Signer's Name: Scott P. I anshurg RIGHT THUMBPRINT 91
I e ❑ Individual , OF SIGNER S,
4 Top of thumb here 91
fco Corporate Officer— Title(s): President --- -
i y ❑ Partner — 0 Limited ❑ General lii
d ❑ Attorney in Fact yl
l' ❑ Trustee 9'
I • ❑ Guardian or Conservator 91
le El O ther: ��
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ii 91
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01999 National Notary A. ^�:ilion • 9350 De Soto Ave.. P.e. Box 2402 • Chatsworth. CA 91313-2402 • www.nationalnotary.arg Prod. No. 5907 Reorder Can Toll-Free 1- 090.876-6827
.
•
• • Bond: 8084574
Bonds Issued: 3
Bond Premium: Included in
PAYMENT BOND Performance Bond
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach. has awarded to Ace Restoration & Waterproofing, Inc.
740 E. Walnut Ave.
Fullerton, CA 92832
(Name and address of Contractor)
("Principal'). a contract (the "Contract ") for the work described as follows:
Seal Beach Concrete Pier Rehabilitation- Project #715 ";,_. "'.''•
C'
+u y _
:SYHEREAS.. Principal is required under the terms of the Contract and the California Civil Code to securd lie'pay meat
c rof claims aflaborers.•mechanics. materiahnen. and other persons as provided by law.
- NOW, THEREFORE. we. the undersigned Principal. and Fidelity and Deposit Company of Maryland
225 S. Lake Avenue, Suite 700
Pasadena, CA 91101
(Name and address of Surety)
("Surety a duly admitted surety insurer under the laws of the State of California. as Surety. are held and firmly bound
unto the Public Agency in the penal sum of Seventeen Thousand & Five Hundred and 00/100 Dollars
($ ** 17,500 ) this amount being not less than fifty percent (50 %) of the total contract price. in
lanful money of the United States of America, for the payiment of which sum well and truly to be made. we bind
ourselves. our heirs. executors, administrators, successors. and assigns. jointly and severally- firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal. his. her or its heirs.
executors. administrators, successors or assigns. or subcontractors shall fail to pay any of the persons named in Section
3181 of the California Civil Code. or any amounts due under the Unemployment Insurance Code with respect to work or
labor performed under the Contract. or for any amounts required to be deducted, withheld. and paid over to the
Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to
Section 13020 of the Unemployment insurance Code. with respect to work or labor performed under the Contract. the
Surety will pay for the same in an amount not exceeding the penal sum specified in this bond: otherwise. this obligation
shall become null and void.
This bond shall 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 f rther 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 -
R: spec.sweal heach'senl heh sewer manhole
•
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 waves the provisions of California Civil Code $§ 2845 and 2849_ •
IN WITNESS WHEREOF. two (2) identical counterparts of this instrument. each of which shall for all purposes be
deemed an original hereof. have been duly executed by Principal and Surety. on the date set forth below. the name of
each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to
authority of its governing body.
Dated:
"Principal- "Surety"
Ace Restoration & Fidel': and s=..eit Company of Maryland
era
.ater.roof
• By:
'
•
Iet Its J. . Johnson, Attorney—In—Fact
By: By:
✓ Its 0
eat) (Seal) _ •
Note: This bond must be dated, all signatures must be notarized, and evidence=of the •
authority of any person signing as attorney-in-fact must be attached. . .,
•
R:bpeedmal heachueal hch seweinmahole
1
• •
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203 -1227
Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by W. B. WALBRECHER, Vice - President, and T. E. SMITH, Assistant Secretary,
in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the
reverse side hereof and are hereby certified to be in full , a and effe ``` the date hereof, does hereby nominate,
constitute and appoint J. W. Johnson, of Fullerton, Cali . : its true . ful agent and Attorney -in -Fact, to make,
execute, seal and deliver, for, and on its behalf as sure as its ac 1 any and all bonds and undertakings
and the execution of such bonds or undertakings in pu .ry e of then,., -.` -nts, shall be as binding upon said Company, as
fully and amply, to all intents and purposes, as if th At:r been d 4 cuted and acknowledged by the regularly elected
officers of the Company at its office in Baltimor LI , in their . ••proper persons. This power of attomey revokes,that
issued on behalf of J. W. Johnson, dated Janu. qty 998. $ -
The said Assistant Secretary does hereby �,'.^ C that t r . tract set forth on the reverse side hereof is a true copy of
Article VI, Section 2, of the By -Laws of s. • V� pany, • to ow in force.
IN WITNESS WHEREOF, the said • eside nAssistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the saLFIDELi DEPOSIT COMPANY OF MARYLAND, this 1 9th day of
November; A.D. 1999. Q '`
ATTEST: FIDELIT AND 4 : SIT COMPANY OF MARYLAND
E Nwr By;
T. E. Smith \assistant Secretary W. B. Walbrecher Vice- President
State of Maryland ss:
County of Baltimore
On this 19th day of November, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came W. B. Walbrecher, Vice - President and T. E. Smith, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and
being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the
authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
U
Carol f Fa -r Notary Public
My Commissi.t Expires: August 1, 2000
L1428- 012 -4152
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EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the
Senior Vice:Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive
Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to
appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may
require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking,
recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees,
mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby
certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect
on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was
one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as
provided in Article VI, Section 2,of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution
of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and
held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore
or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said
Company,this
29th day of March , 2000
Assistant Secretary
is
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
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Dale Name and Title of Officer (e.g..'Jane Doe. Notary Public')
personally appeared J.W. Johnso o
Name(s) of SIgner(s)
personally known to me
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evidence
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SAN DI FOR to be the - personO -whose name(§) - +s /aPix
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t Ta €r Noiory Publ'c California subscribed to the within instrument and
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t y Cci nn.f7, es Mt 1,2))3 the same in his/N&' N authorized
Ci : - �`" cy-i " ' �"' .. capacity(k1 and that by his /WX�tXtb r
signature(a) on the instrument the person(s), or
CI, s•41 the entity upon behalf of which the person(P)
acted, executed the instrument.
, W NESS my hand and •fficial seal.
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Though the information below is not required by law, it may prove valuable to persons relying on the document •
, and could prevent fraudulent removal and reattachment of this form to another document. .0
Description of Attached Document
Title or Type of Document: Bond
Document Date: 03 - - Number of Pages: 1
: S
I Signer(s) Other Than Named Above: -
Capacity(ies) Claimed by Signer st
Signer's Name: RIGHTTHUMBPRINT '-
- ❑ Individual OF SIGNER
I. Top of thumb here % .
,t ❑ Corporate Officer — Title(s): 0.
t ❑ Partner — ❑Limited 0 General 'y'
C?iX Attorney in Facts'
A ❑ Trustee 9
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9 Signer is Representing: Fidelity And Deposit Company of Maryland 91
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0 1997 Nanonal Notary Assoclalien • 9350 De Soto Ave.. P.O. Bas 2402 • Chelsvvth. CA 91313-2402 Prod. No. 5907 Reorder: Cef Toll -Free 1- 800-876 -6827
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California s i
ss. 31
e County of Orange . Pr
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IF ' Date Name and Tate of Officer (e.g., Jane Doe, Notary Public " ) $
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personally appeared Scott P. Lansburq
I e Name(s) of Signer(s) ' I
personally known to me S
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subscribed to the within instrument and kJ
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d OPTIONAL �I
of
Though the information below is not required by law, it may prove valuable to persons relying on the document 81
and could prevent fraudulent removal and reattachment of this form to another document.
i S
Description of Attached Document 31
r Title or Type of Document: Payment Bond - City of Seal Beach 31
a r
I , Document Date: March 29th, 2000 Number of Pages: pi
� Signer(s) Other Than Named Above: none ��
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i Capacity(ies) Claimed by Signer 's
1' Signer's Name: Scott P. Lansburg RIGHT THUMBPRINT b'
❑ Ind or SIGNER .:91
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(i: ❑ Partner —❑ Limited ❑ General ii
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it Signer lsRepresenting: Ace Restoration & Waterproofing, Inc
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01999 National Notary Association • 9350 De Otto Ave., P.O. Box 2402 • Ghatawonh, CA 91313-2402 • www.naGOnalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1- 600-976-6827
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INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
SEAL BEACH CONCRETE PIER REHABILITATION
lndcumitor(s) (list all names):
Ace Restoration & Waterproofing, Inc. Scott P. Lansburg, President
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To the fullest extent permitted by law. Indemnitor hereby agrees, at its sole cost and expense, to defend, protect.
indemnify. and hold harmless the Cite of Seal Beach and its elected officials. officers. attorneys, agents. employees,
volunteers. successors. and assigns (collectively Indenuutees) 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. senants. employees,
subcontractors. materialmen. suppliers or their officers. agents. senants or employees. arising or claimed to arise,
directly or indirectly. out of. m 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 tens. 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 Indenuutees and shall operate to fully indemnify Indennitees
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 ]ndemnitees may have under the law. Payment is not required as a condition
precedent to an lndemnitee's right to recover under this indemnity provision. and an entry of judgment against an
Indemnitee shall be conclusive in favor of the Indenmitee's right to recover tinder this indemnity provision. Indemnitor
shall pay Indenuutees for any attorneys fees and costs incurred in enforcing this indemnification provision.
Notwithstanding the foregoing. nothing in this instrument shall be constnied to encompass (a) Indenuutees' sole
negligence or willfid 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 $ 27$2(b). This indemnity is effective without reference to the existence or applicability of any insurance
coverages which may have been required under the Agreement or any additional insured endorsements which may
extend to Indenuutees.lndenuutor, on behalf of itself and all parties claiming under or through it. hereby waives all rights
of subrogation and contribution against the Indenuutees. 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 Inde nitees. In the event there is
more than one person or e name; in the Agreement as an Indemnitor. then all obligations. liabilities. covenants and
conditions under this •Intent . 11 be joint and several.
"Indemnitor'
Nance Nance:
B : . t P. Lansburg, President By:
Its Its
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AGREEMENT TO COMPLY WITH
CALIFORNIA LABOR LAW REQUIREMENTS
Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813. 1860, 1861,37001
The undersigned Contractor cenifies 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. Pan 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.
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3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning
k., 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 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. Pan 7. Chapter 1. Anicic 3 of the California Labor
Code.
7. California Labor Code Sections 1860 and 3700 provide that even' contractor will be required to secure the
payment of:compensation to its employees. In accordance with the provisions of California Labor Code Section 1861.
Contractor hereby certifies as follows:
-I arm aware of the provisions of Section 3700 of the Labo i. w ' uire even- employer to be insured
against liability-for worker's compensation or to undertake self-' surance in accordatne with the provisions of that code.
and I will comply with such provisions before conuucncin: te/perfo e . work of this contract...
Date March 30, 2000 Signal u
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STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES
CONCERNING THE CONTRACTORS' LICENSING LAWS
]Business & Professions Code § 7028.151
]Public Contract Code 201(13.5]
1. the undersigned. certify that 1 am aware of the following provisions of California law and that 1_ or the entity on whose
behalf this certification is given. hold a currently valid California contractor's license as set forth below:
Business Si. 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-op 9i ?'arrc local agency project governed by Section 20104 now § 201035] of the Public Contract Code.
ir& Lib)- , 3 ,..1f: a person has been preciously convicted of the offense described in this section. the court shall
au^pose a-finc 6f 2Q ?percent of the price of the contract under which the unlicensed person performed contracting work. •
6 fi
f o i iq ust a d t Lhtndred dollars ($4.500). whichever is greater_ or imprisomuent in the county jail for not less than
<1n.da s nor u:ore'th$ l six months. or both.
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1 p 4111 the event the person perforating the contracting work has agreed to furnish materials and labor on an
Jowly basiS.,-°'ihe 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 sun•eyor. 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 foregoiing 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 lac, 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 anount 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.
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(f) Any compliance or noncompliance with subdivision (e) of this section. as added by Chapter 863 of the
Statutes of 1989. shall not invalidate any contract or bid awarded by a public agency during which time that subdivision
was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this section if the public
employee. officer. or employing agency made an inquiry to the board for the purposes of verifying the license status of
any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this
section. a telephone response by the board shall be deemed sufficient.
Public Contract Code § 20103.5:
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In all contracts subject to this pan where federal funds are involved. no bid submitted shall be invalidated by the
failure of the bidder to be licensed in accordance with the lays 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' Stale 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 dun 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.: 712659 Class: A B C61 spiration • e: 09/30/01
Date March 30, 2000 Signature
stils ns�ur9, President
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INSURANCE REQUIREMENTS FOR CITY OF SEAL BEACH
PUBLIC WORKS CONTRACT
LIABILITY INSURANCE
The Contractor shall at all times during the terms of the Contract cam maintain. and keep in fidl 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 ever' 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 shall maintain limits of no Tess than One Million Dollars ($1.000,000) combined single limit
coverage per occurrence for personal injure or death or property loss or damage which may arise from or relate directly
or indirectly to the aces. 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:
SEAL BEACH CONCRETE PIER 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
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Page Intcntionallc Left Blank
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WORKER'S COMPENSATION
CERTIFICATE OF INSURANCE
WHEREAS, the CITY OF SEAL BEACH has required certain insurance to be provided by
Ace Restoration & Waterproofing, 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 arc in force at this time.
I. This certificate is issued to: CITY OF SEAL BEACH. City Hall. 211 EIGHTH STREET. SEAL BEACH. CA
90740-6379.
2. The insureds wider such police or policies arc: Ace Restoration & Waterproofing, Inc
3. Worker's Compensation Policy or Policies in a font approved by the Insurance Conunissioner of California
covering all operations of the named insureds. as follows:
POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE
C980194302 07 - 31 - 99 07 - 31 - 00
Majestic Insurance Co.
4. Said police or policies shall not be canceled. voided or reduced in coverage or limits of liabilih. unless and
until thirty days' a written notice thereof has been served upon the City Clerk of the CITY OF SEAL BEACH.
By: thO� 611 a a t 41,4,___
Its Authorized Representative
Billie L. Selvidge
Armstrong /Robitaille Insurance Services
P.O. Box 34009
Fullerton, CA 92834 -9409
Phone (714) 578 -7006
Fax (714) 578 -7489
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ADDITIONAL INSURED ENDORSEMENT
Commercial klegmblignny GENERAL LIABILITY
Ace Restoration & Waterproofing, Inc. 740 E. Walnut Avenue, Fullerton, CA 92832
Name and address of named insured (''Named Insured ):
Investors Insurance Company of America, 818 W. Seventh St. , Los Angeles, CA 90017
Name and address of Insurance Connpany(''Connpanv`):
SEAL BEACH CONCRETE PIER 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:
I. The Ciw 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 Polio.
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. Nothiine in this contract of insurance shall be construed to preclude coverage of a claim by one insured wider the
policy against another insured under the policy. All such claims shall covered as Hrd-parry 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 tinder the indenuufication
and/or hold harmless provision(s)contained in or executed in conjunction with the written agreement(s)or penuit(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 cenified nail. return receipt requested. not less than thin (30).days prior to the effective date thereof
lu 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 hr the
Additional Insureds.
8_ It is hereby agreed that the laws of the State of California shall apply to and govern Ilse 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 91174t)
U. 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 Minits. agreements. or exclusions of the policy to which this endorsement is attached.
•
• •
TYPE OF CoAERACiES'rO WHICH POLICY PERIOD LIN1ITS OF
ENDORSEMENT .ATT.ACHES FROM /TO 7/31/99 to 7/31/00 LIABILITY$1,000,000
I I. Scheduled items or locations Ire to be identified on an ;utached sheer. The following inclusions relate to the
above coverages. Includes:
x Contractual Liability x Explosion Hazard
Owners/Landlords/Tenants x Collapse Hazard
x Manufacturers /Contractors x: Underground Property Damage
x Products /Completed Operations - Pollution Liability
z Broad Form Property Damage Liquor Liability
Extended Bodily Injury s General Aggregate Limit — Per Project
1 Broad Form Comprehensive
General Liability Endorsement
12_
A x_ deductible or 1 self - insured retention (check one) of $ 2,500
applies to all coy erage(s) except No exceptions
if none. so state)_ The deductible is applicable __ per claim orx per occurrence (check oncl.
I T. This is an x occ a rcncc er claims made polio (check one).
11. This endorsement is effective on 3/29/00 at 12:01 A.M. and forms a pan of Pnlic■
Number 99GLP1003583
1. L • le 1 (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 me executiomhereof. 1 do so bind the Company.
Executed March 29 3# 2000
Signature of Authorized Representative
(Original signature only; no facsimile signature or initialed signature accepted)
PhoneNo.-(714 ) 578 -7006
/t: .p .. I ho.rch n..d huh .u. manhole
• i
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Ace Restoration & Waterproofing, Inc. 740 E. Walnut Ave. , Fullerton, CA 92832
Name and address of named insured (Tamed Insured'').
Safeco Insurance Company of America, P.O. Box 25150, Santa Ana, CA 92799-5150
Name and address of Insurance Conipan (''Conipauc-1
SEAL BEACH CONCRETE PIER 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
(Ilse 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 wider the Policy shall apply separately to each Additional Insured against vwhom 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 constnied to preclude coverage of a claim by one insured under the
policy against:mother insured under the policy. All such claims shall covered as third-pant 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 Ilie Company's limits of liabilili as provided under the policy.
4. The insurance afforded by the Policy for contractual liabilit insurance (subject to the menus_ 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 agrecnient(s) or pemiit(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'eceipt 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 We 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 validit. construction_
interpretation_ and enforcement of this contract of insurance.
This endorsement and all notices given hereunder shall be sent to Public Agency al:
Director of Public Works
City of Seal Beach
21 1 8th Street
Seal Beach CA 90740
7. Except as stated above and not in conflict with this endorsement. nothing contained herein shall be held to waive.
alter or extend ally of the limits. agreements. or exclusions of the policy to which this endorsement is attached.
• •
TYPE OF COVERAGES TO WHICH POLICY PERIOD
LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/ TO 07/31/99 to 07/31/00
LIABILITY $1,000,000
Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the
above coverages. Includes:
R Any Automobiles D Truckers Coverage
All Owned Automobiles 0 Motor Carrier Act
X Non-owned Automobiles 0 Bus Regulaton Reform Act
% Hired Automobiles C Public Livery Coverage
Scheduled Automobiles
E Garage Coverage • 0
I I. A E. deductible or D self - insured retention (check one) of $ none applies to all
•
coverage(s) except: none
. (if none. so state). The deductible is applicable E per claim or per occurrence (check one).
12. This is an $ occurrence or E claims made policy (check one).
13. This endorsement is effective on 03 -29 -00 al 12:01 A.M. and forms a pan of Policy Number
BA8155860C d 81 Olt L , S- (� i (print 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. -
Executed 29th March .XX 2000 / J
•
Signature of Authorized Representative 4 c
(Original signature only; no facsimile signature or initialed signature accepted)
Phone No.: ( 714 ) 578 -7016
•
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• •
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Ace Restoration & Waterproofing, Inc. 740 E. Walnut Ave. , Fullerton, CA 92832
Name and address of named insured ( Named Insured):
General Security Company, Two World Trade Center, New York, NY 10048
Name and address of Insurance Company ("Company"):
SEAL BEACH CONCRETE PIER REHABILITATION
Notyvithstanding any inconsistent statement in the policy to which this endorsement is attached (the-'Policy`) or
in any endorsement now or hereafter attached thereto. it is agreed as follows:
I. The City of Seal Beach. its elected officials. officers. attorneys. agents. employees. and volunteers arc
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.
. . Each insurance coverage under the Policy shall app' separate' to each Additional Insured against whom claim
is made or suit is bought except with respect to the hunts of the Company's liabilil�
4. Nothing in this contract of insurance shall be consulted to preclude coverage of a claim b) one insured under
the policy against another insured under the policy. All such claims shall covered as third-pane claims. i.e.. in the shore
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.
?. 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 penhit(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 nail. 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. constriction.
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
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
LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO 07/31/99 to 07/31/00
• LIABILITY $:5,000,000
Following Form
X Umbrella Liability
•
11.. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO. AMOUNT
Investors Insurance Company of America 99GLP1003583 1,000,000
Safeco Insurance Company of America BA8155860C 1,000,000
Majestic Insurance Company C980194302 1,000,000
12. The following inclusions. exclusions. extensions or specific provisions relate to the above coverages:
13. A deductible or X self - insured retention (check one) of $ 10,000 applies to all
coverage(s) except: none (if none. so state).
The deductible is applicable ^ per claim orr per occurrence (check one).
14.. This is an IC occurrence or _ claims made policy (check one).
15. This endorsement is effective on 03 -29 -00 at 12:01 A.M. and forts a part of Policy
Number UM2006980 II .
L. Se I i/1 d 9 c _(print name). hereby declare wider penalty
of perjun' under the lava of the State of Califomia. that 1 have the authority to bind the Compares to this endorsement
and that by my execution hereof. I do so bind the Company.
Executed 29th March .12 2000
S(Q,�P2 S1(
Signature of Authorized Representative •
(Original signature only; no facsimile signature or initialed signature accepted)
Phone No.: (714 ) 578 -7006
N: apeceseal beachaeal hch sewer manhnla •
•
•