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HomeMy WebLinkAboutAGMT - Atlas-Allied IncPLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: TITLE OF DOCUMENT: Recorded in Official Records; County of Orange Gary Granville, Clerk- Recorder IIII!!II!I�III!!II{II!II! 11111111 ►1{I!IIIIIIIIIIIIIIIIII! No Fee 2000018169810.15am 04110100 . 110 15 1128 4 0.00 0.00 0.00 9.00 0.00 0.00 0.00 PACE FOR RECORDER'S USE ONLY �Cxi*n 1 178f '1 40 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) `0 059 -TITLE PAGE (R7/95) i 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 #735, CONSTRUCTION OF THE PIER WATERLINE, CONTRACT ENTERED INTO BETWEEN ATLAS - ALLIED, INC. AND THE CITY OF SEAL BEACH THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, on August 23,1999, the City of Seal Beach entered into a contract with Atlas - Allied, 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 Cite 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 $ 61,091.94. 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 &v the t\ Council of the Cite of Seal Beach at a meeting thereof held on the 3 ° day of I J 2000, by the following vote: AYES: Councilmem NOES: Councilmem ABSENT: Councilmem ,A EST: City Clerk Mayor I � o k STATE OF CALIFORNIA) COUNTY OF ORANGE" SS CITY OF SEAL BEACH) L Joanne M. Yeo, City Clerk of Seal Beach, California, do hereb certify that the foregoing resolution is the original copy of Resolution Numbel4U on file in the office of the City Clerk„ passed, approved, and adopted byity cil of the Ci of Seal Beach, at a regular meeting thereof held on the day o > 00� t Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 8tn 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, 211 8 Street. Seal Beach, CA 90740 4. The nature of the interest or estate of the owner is: In fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter described as completed on 12/28/00 The work was: Pier Waterline, Proiect 735 6. The name of the contractor, if any, for such of improvement was: Atlas - Allied, Inc. The date of the Contract was: September 27, 1999. 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: no Signature of o owner named in paragraph 2 or his agent. ASST. CITY ENGINEER VERIFICATION 1, 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 erjury the foregoing is true and correct. Executed on 7 Zdo o -19 , at Seal Beach, California. a e of Signature) D' r of Public Works RXATRTT "A° - oy / a0, /. • ,. SEAL BEACH PIER WATER LINE REPLACEMENT, PROJECT NO. 735 • For SEAL BEACH PIER WATER LINE REPLACEMENT, in the City of Seal Beach. THIS AGREEMENT, made and entered into this 27th day of SEPTEMBER , 1999 , by and between the City of Seal Beach, California, hereinafter referred to as the "CITY," Party of the First Part, and ATLAS — ALLIED, INC. hereinafter designated as the "CONTRACTOR," Party of the Second Part. WITNESSETH: That the Parties do hereto mutually agree as follows: ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said CITY, the CONTRACTOR agrees with said CITY to SEAL BEACH PIER WATER LINE REPLACEMENT, 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 m 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 m consequence of the suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be borne by the said CITY and faithfully completing the work and the whole thereof, in the manner shown and described in the said Drawings, Specifications, and Contract Documents and in accordance with the requirements of the Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal. ARTICLE III. The CITY hereby promises and agrees with said CONTRACTOR to employ and does hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and . conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same, at the time, in the manner and upon the conditions set forth in the Specifications and Contract Documents, and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made a part of this Agreement. ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE VI. By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self - insurance in accordance with the provisions of that code. and 1 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 art BY l dt-A71°- City Manager *ST: -ad _ _ //I / ATLAS - ALLIED, INC . Ierk �� C+ BY CONTRACTOR - Party of the Second Part Eva Siciliani Sec.- Trea. Title 1210 N. Las Brisas Anaheim, Ca 92806 Address • 1 • • EXECUTED IN TRIPLICATE PREMIUM: $818. • Bond No. 8084540 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: . WHEREAS the City of Seal Beach, has awarded ATLAS — ALLIED, INC. 1210 N. LAS BRISAS ANAHEIM, CA 92806 " • (Name and address of Contractor) ( "Principal "), a contract (th° "Contract ") fo: the work described as follows: PROJECT #735 PIER WATER LINE REPLACEMENT WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND 225 S. LAKE AVE., #700 PASADENA ,CA 91101 (Name and address of Surety) ('`Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of • FIFTY SIX THOUSAND EIGHT HUNDRED DOLLARS AND no /100 -- -- -- -- -- - -- -- Dollars ($ 56,800.00 -- -- -- -- -- -- -- —), this amount being not less than the total • contract price, in lavd'ul money of the United States of America, for the payment oflwhich sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and m the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and • • 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" ATLAS — ALLIED, INC. ` IDE ITY 05 D 'OSIT COMPANY OF MARYLAND By: atlik, eStAitstIPILL By: ArtalricA.A.11 Its Eva is liana Sec. —Trea. Its J.W /JOHNSON, ATTORNEY—IN—FACT By /AA ��. • . .. _ By, ge \ . Siciliani Pres. Its • (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. • • CALIFORNIA ALL- PURPOSERKNOWLEDGMENT No 5907 cl! 111 ltl /1./Ilf/rW7/7"./.r1!Jl./ .mil- /-/lJI1lIfltlllll./lrZeroCe ":"VV l.ISt./' f./.YZoro e!:".." r State of California 0 0 County of Orange 0 September 27, 1999 Nile R. Sensabaugh - Notary Public N On P before me g y , 11 DATE NAME, TITLE OF OFFICER - E G ,'JANE DOE, NOTARY PUBLIC" personally appeared George L. Siciliani Pres and Eva Sicilaini Sec.- Trea. 1 NAME(S) OF SIGNER(S) IT personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence S 0 to be the person(s) whose name(s)xi are $ 0 subscribed to the within instrument and ac- S 0 knowledged to me that barhobei They executed the same in ktigifiex/their authorized 0 capa city(ies), � and that by x/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. :'WikON°DtS Nile R. Sensabaugh WITNESS my hand and official seal. 1 1 l aD `, 0 0 Comm p PAar 11 6 20X0 ■� 0 0 S IGNATURE OF NOTARY 0 OPTIONAL o Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent I 1 I N l fraudulent reattachment of this form. 11 11 1 0 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 ❑ INDIVIDUAL l l6 la ��l CORPORATE OFFICER Bond 0 11 President and Sec.— Trea. TITLE OR TYPE OF DOCUMENT 0 0 TITLE(S) 0 ( \ \ El ❑ PARTNER(S) ❑ LIMITED 0 1 III GENERAL —1— l 0 1 El E LJ ATTORNEY-IN-FACT NUMBER OF PAGES 1 El 0 El OTHER: IAN /CONSERVATOR 9 -27 -99 1 1 DATE OF DOCUMENT 0 l SIGNER IS REPRESENTING: 0 NAME OF PERSON(S) OR ENTITY(IES) N.A. ,k 0 _ Atlas— Allied, Inc. SIGNER(S) OTHER THAN NAMED ABOVE 0 11 ✓ ✓J ll�lf /fl. �llflf l /J / lfflllJf /f� ltI rrJ �lfl /f✓l/�lll�l. �ltJltJll /ll. !ll�J �• , �lll ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmel Ave., P.O Box 7184 • Canoga Park, CA 91309 -7184 • • State of CALIFORNIA RIGHT THUMBPRINT (Optional) County of ORANGE it On SEPT. 27, 1999 before me, MICHELLE E. SANCHEZ, NOTARY PUM LI (DATE) OIAMETTLE OF OFFICER- i...•JANE DOE, NOTARY PUBLIC ", personally appeared J.W. JOHNSON WAMEIS) OF SIGNER'S), CAPACITY CLAIMED BY SIGNER'S) ❑INDNIDUALIS) DCORPORATE ® personally known to me -OR- 0 proved to me on the OFFICER'S MTLFm basis of satisfactory ❑PARTNER(S) ❑LIMITED evidence to be the ❑GENERAL person(%) whose name(%) ATTORNEY IN FACT is /are subscribed to the oTRUSTEE(S) within instrument and OGUARDIAN/CONSERVATOR acknowledged to me that DOTHER: heLs /.t+ey executed the same in hislber1 bait authorized capacity(iesi, SIGNER IS REPRESENTING: and that by his jaer/jaeir (Nam. of Personfs) or Entityl(es) signature(s) on the le0000a oaooceeaooa000naoaosaaa 00000aoaea000e00000eeeeeooaaeo instrument theperson(,$)), FIDELITY AND DEPOSIT ,. N MICHELLE E. SANC ° or the entity upon behalf COMM. #109113 of which the erson(e17 COMPANY OF MARYLAND 4eo NOTARY PUBLICeCALIFORNIA : My COUNT ! acted, executed the THUMBPRINT (Optional) � Com J" LOS m. Expires ANGELES Mar. 17, 00 2000 oeoeoao 0 instrument. c uvan L oao eaoeaoaaoeoeaa 00000 e eaeamoeeooa0000eoeeae Witness my hand and official seal. (SEAL) / (SIGNATURE OF OTARY) CAPACITY CLAIMED BY SIGNER'S) DINDIVIDUAL(S) DCORPORATE ATTENTION NOTARY OFFICER'S) The information requested below and in the column to the right is OPTIONAL. m Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNER(S) ❑LIMITED unauthorized document. ❑GENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document BOND ❑TRUSTEE($) MUST BE ATTACHED ❑GUARDIAN /CONSERVATOR TO THE DOCUMENT Number of Papas 1 Date of Document SEPTEMBER 27, 1999 DOTHER: DESCRIBED AT RIGHT: Signer(s) Other Than Na ned Above SIGNER IS REPRESENTING: (Nome of P.r.onls) or Entity(iss) WOLCOTTS FORM 03240 Rev. 9 -94 (prig dap B-2A) 0 1994 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS II 7 1 6777563 240 8 • • EXECUTED IN TRIPLICATE PREMIUM: $818. BOND #8084540 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded to ATLAS — ALLIED, INC. 1210 N. LAS BRISAS ANAHEIM. CA 92806 (Name and address of Contractor) ( "Principal "), a contract (the "Contract ") for the work described as follows: PROJECT #735 PIER WATER LINE REPLACEMENT • WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW, THEREFORE, we, the undersigned Principal, and _ FIDELITY AND DEPOSIT COMPANY OF MARYLAND 225 S. LAKE AVE. #700 PASADENA, CA 91101 (Name and address of Surety) ( "Surety'') a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of FIFTY SIX THOUSAND EIGHT HUNDRED DOLLARS AND no /100 -- -- -- -- -- -- -- Dollars ($ 56, 800.00 -- -- -- -- -- -- -- -- this amount being not less than fifty percent (50 %) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 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 insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to 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. • • 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" ATLAS — ALLIED, INC. FIDELITY AND DEPOSIT COMPANY OF MARYLAND 4 • , , • MU: BY: :1. - By: r j Eva S it ani ec.— Trea. Its J.W. JOHNSON ATTORNEY —IN —FACT By: � , . 1 Ao. By: • Its eo L. \Sici an Pres. Its -- ` (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and - evidence of the authority of any person signing as attorney -in -fact must be attached. CALIFORNIA ALL- PURPOSE.KNOWLEDGMENT • No 5907 r.1. /1..11ll/lJIlll./.// ill -/,/lJ/ /.ill^"lf�- /1l./t-/1l�./l./1.r 71;eZ/ /."l!1.orI:ll./l✓./llJ.I2• State of California l 0 County of Orange 1 is O September 27, 1999 before me, Nile R. Sensabaugh - Notary Public 0 DATE NAME, TITLE OF OFFICER - E G . "JANE DOE, NOTARY PUBLIC' , personally appeared George L. Siciliani Pres and Eva Sicilaini Sec.- Trea. , 1 NAME(S) OF SIGNER(S) l g personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence s 0 to be the person(s) whose name(s)xbLare subscribed to the within instrument and ac- knowledged to me thattukbeilthey executed the same in r tsoftex/their authorized 0 capacity(ies), and that by kier.hemi/their signature(s) on the instrument the person(s), or the entity upon behalf of which the o person(s) acted, executed the instrument. WITNESS my hand and official seal. 0 - �� Nile R, Sensabaugh 3 V Comm. #1089658 � 0 1 1 5 ! NOTA ORANGE COUNTY RNU / ` ` 1 111 C om m. Ex March 8, 2000 -+ T ' — 0 1 4I1 IGNATURE OF NOTARY 0 1 OPTIONAL 1 R Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent l s fraudulent reattachment of this form. 1 0 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 ❑ INDIVIDUAL o Q Et CORPORATE OFFICER Bond Q 0 President and Sec.- Trea. TITLE OR TYPE OF DOCUMENT 0 1111``` TITLES) 0 1 ❑ PARTNER(S) ❑ LIMITED 1 El GENERAL -1- 0 Li 111 TRUSTEE($)N FACT NUMBER OF PAGES \ El GUARDIAN /CONSERVATOR 0 111 OTHER: 9 - - 0� 1 DATE OF DOCUMENT ll 1 SIGNER IS REPRESENTING: ' (0 \ NAME OF PERSON(S) OR ENTITY(IES) N.A. 0 Atlas- Allied, Inc. SIGNER(S) OTHER THAN NAMED ABOVE 0 0 NI flllllJJ.Cllllll.�l./1f 1. r. Cl.. / 111 .�I11�l./IJllJll11.�� ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P O Box 7184 • Canoga Park, CA 91309-7184 • • e State of CALIFORNIA RIGHT THUMBPRINT (Optional) County of ORANGE la W O On SEPT. 27, 1999 before me, MICHELLE E. SANCHEZ, NOTARY PUELII o RATS WAME/TITLE OF OFFICER- i.e.'JANE DOE. NOTARY PUBLIC - personally appeared J.W. JOHNSON WAMEIS) OF SIGNERIS)I CAPACITY CLAIMED BY SIONERIS) DINDIVIDUAL(S) °CORPORATE ® personally known to me -OR- 0 proved to me on the OFFICERS) mug basis of satisfactory OPARTNER(S) °LIMITED evidence to be the °GENERAL persons) whose name(') ®ATTORNEY IN FACT is /are subscribed to the OTRUSTEE(S) within instrument and OGUARDIAN /CONSERVATOR acknowledged to me that °OTHER: heLshg/SLy executed the same in hisLber/ authorized capacity(ieS), SIGNER IS REPRESENTING: and that by his/her /weir (Name of Persons) or Entity(ies) signature(s) on the instrument the person (2), FIDELITY AND DEPOSIT roataavae000aea000aoao0aaoaoa000aaaooaaaaaomnamaaaaaoamr P MICHELLE E. SANCHEZ o or the entity upon behalf of which the person(,) COMPANY OF MARYLAND COMM. # 1091134 acted, executed the Z. �, k NOTARY PUBLIC•CALIFORNIA instrument. RIGHT THUMBPRINT (Optional) Z. � � LOS ANGELES COUNTY o VW. ;rowp`P My Comm. Expires Mar. 17, 2000 e na000toaaooaaralu aaaooeoot000ta00000000aaoanootea00000eliVitness my hand and official seal. B i e i (SEAL) 11 1 i I/ f• 1 _ i � t 2 wily ( G ATURE OF O TARY) CAPACITY CLAIMED BY SIONER(S) °INDIVIDUALIST °CORPORATE ATTENTION NOTARY OFFICER(SI The information requested below and in the column to the right is OPTIONAL. MILES Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any OPARTNER(S) °LIMITED unauthorized document. °GENERAL BOND °ATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document DTRUSTEE(S) MUST BE ATTACHED SEPTEMBER 27 , 1999 °GUARDIAN /CONSERVATOR 1 TO THE DOCUMENT Number of Pages Date of Document °OTHER: DESCRIBED AT RIGHT: Signers) Other Than Named Above SIGNER IS REPRESENTING: (Name of Person(s) or Entity(ies) WOLCOTTS FORM 83240 Rev. 3 -84 Ipies dam 9.2A1 © 1994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WTH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS II IIIIIIIIIIIII1III11 I 7 67775 6324 a • • 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 force and effect on the date hereof, does hereby nominate, constitute and appoint J. W. Johnson, of Placentia, California, its true and lawful agent and Attorney - in - Fact, to make, execute, seal and deliver, for, and on its behalf' as surety, and as its act and deed: any and all bonds and undertakings and the execution of such bonds or undertakings in pursuance . ese presents, s as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and ackn. d by the re -.T elected officers of the Company at its office in Baltimore, Md., in their own proper persons. �V o� The said Assistant Secretary does hereby certify that the extract set f •the reve l ► ereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice- President and Assistan Ay+r, have h ��Wubscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAN V4 19th day of , A.D. 1998. � ATTEST: FIDELITY AND +IT CO ATPY OF MARYLAND SEAL �� 1 /� v . �° By: �GtCGce ,• '••.••+' T. E. Smith As istant Sec W. B. Walbrecher Vice- President State of Maryland Ss: • County ofBaltimore On this 19th day of January, A.D. 1998, before the sub ci, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. WALBRECHER, Vice - President and T. E. SMITH '. tant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and office ( bed in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swo . ly and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the precedi \, strument 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. a so` Car 1 J. Fader Notary Public My C. miss'. Expires: August 1, 2000 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 1 do further certify that the Vice - President who executed the said Power of Attomey 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 27th day of SEPTEMBER , 1999 . %Z, -- Assistant Secretory 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, undertakings, 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." • • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION SEAL BEACH PIER WATER LINE REPLACEMENT, PROJECT NO. 735 Indemnitor(s) (list all names): Atlas Allied Inc. 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 lndemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. " Indemnitor" Name Eva Siciliani Name: George L Siciliani .. By: C2U.6‘., By: ti .. Its Sec.— Tree. Its si ent • • • AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 37001 The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ( "Agency ") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4.' Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Cede Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty -five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Cocle. 7. Californ Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." /. Date October 4, 1999 Signature 9 Are" , 844.1,40.14P.L.. a Eva Siciliani Sec.— Tree.. • • 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 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 & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agieed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate suin of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. • (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non - responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not Licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within • 0 three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre - qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License no.: 437235 ClassA,B,C34,C36,C42 Expiration date: April 30, 2001 Date October 4, 1999 Signature 1 ^� Eva Sicilians Sec.— Trea. • )41i • City of Seal Beach Addendum No. 1 Addendum No. 1 to Notice Inviting Bids under Contract Document: Seal Beach Pier Water Line Replacement Project #735 To all prospective Bidders under Contract Documents: SEAL BEACH PIER WATER LINE REPLACEMENT The following changes have been made to the Contract Documents: Replace the following in the Notice Inviting Bids: "BIDS MUST BE RECEIVED BY: Wednesday, August 4,1999 at 10:OOAM BIDS TO BE OPENED BY:Wednesday, August 4,1999 at 10:OOAM" with "BIDS MUST BE RECEIVED BY: Wednesday, August 18, 1999 at 10:00 AM BIDS TO BE OPENED BY:Wednesday, August 18,1999 at 10:00 AM" By or• = • , City •� ;sal B =ach, MilleArt ,./0/61 • • • = ing ! ision Dat = • 0 ° 4 &4 -; • City of Seal Beach Addendum No. 2 Addendum No. 2 to Notice Inviting Bids under Contract Document: Seal Beach Pier Water Line Replacement Project # 735 To all prospective Bidders under Contract Documents: SEAL BEACH PIER WATER LINE REPLACEMENT The following changes have been made to the Contract Documents: Specifications: Water Line Special Provisions Section 01045 " Existing Facilities', Add the following paragraph to the Measurement and Payment of this section Full compensation for furnishing all labor, materials, tools and equipment necessary for maintenance and continuation of service shall be considered as i included in various contract bid items and no additional compensation will be allowed therefore. By order of the City of S al Beach, i • - - mg Division ate • H'1"J.J1.1E11_111 A CORDne C°ERTIFICA. DATE (MMlDD►,rY) • . OF INSURANCE 09/27/99 . PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Armstrong /Robitaille Ins. Svs. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 701 Kimberly Avenue, Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Y ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Placentia, CA 92870 COMPANIES AFFORDING COVERAGE Phone No. (714) 578-7054 COMPANY Fax No. (714) 578 -7489 ATranscontinental Ins Co INSURED COMPANY ATLAS — ALLIED, INC. BValley Forge Insurance Company 1210 N. Las Brisas Anaheim, CA 92806 COMC NY General Security Insurance Co COMPANY DTransporation Insurance Co. .COVERAGES" • • THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLJCY EXPIRATION I LIMITS LTR DATE (MM/DD/YY) DATE (MM /DD/YY) A GENERAL UABIUTY C01010931870 11/01/98 11/01/99 GENERAL AGGREGATE $2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS -COMP /OP AGG $1,000,000 CLAIMS MADE X I OCCUR PERSONAL & ADV INJURY 81,000,000 X OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $1,000 000 X Per Proj . Aqgr. FIRE DAMAGE (Any one fire) I $ 50,000 I j MED EXP (Any one person) $ 5,000 B AUTOMOBILE LIABIUTY BUA1010 9 318 8 4 11/01/98 11/01/99 COMBINED SINGLE LIMIT 81,000,000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY i SCHEDULED AUTOS (Per person) X ' HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) 1 PROPERTY DAMAGE $ GARAGE UABIUTY 1 AUTO ONLY -EA ACCIDENT I$ j ANY AUTO j OTHER THAN AUTO ONLY: I - � EACH ACCIDENT $ I I AGGREGATE $ C !EXCESS UABIUTY UM2 0 0 6 7 2 7 11/01/98 11/01/99 EACH OCCURRENCE $2,000,000 X i UMBRELLA FORM AGGREGATE $2,000,000 1 I OTHER THAN UMBRELLA FORM $ D I WORKERS COMPENSATION AND WC 10 5 6 6 5 4 0 0 6 111/01/98111/01/99 :X STATUTORY LIMITS E I EMPLOYERS' LIABILITY I EACH ACCIDENT 1$1,000,000 • THE PROPRIETOR/ INCL DISEASE - POLICY LIMIT 1$1,000,000 I PARTNERS/EXECUTIVE OFFICERS ARE. I EXCL 1 1 I D ISEASE- EACH EM PLOYEE I $1 , 0 0 0, 0 0 0 I OTHER 1 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS 30 DAY NOTICE OF CANCELLATION EXCEPT 10 DAYS FOR NON - PAYMENT OF PREMIUM (See Attached Schedule.) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Seal Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDMXtXXCHNIX Director of Public Works n DAYS WRITTEN NOrETO THE CERTIFI CATE HOLDER NAjEDTO THE LEFT, 211 Eighth Street ;IaSx �a u NX >KWAI e I c CM10 • D.xxx Seal Beach, CA 90740 -6379 Wx cx► it P' a1SxCcxx sEXIXMCX- � .4. _ • x SCX AUTHORIZED REPRE ENT ACORD 25 -S (3/93) 1 of 2 #M61123 DMW O ACORD CORPORATION•1993 • • -DEL ,3IPTIONS (Continued from ige 1.) Ref: Seal Beach Pier Water Line Replacement, Project #735 Certificate holder is named as Additional Insured per endorsements attached. GISGEM 25.2 (3/93)2 W2 #M61123 • ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY At Allied, Tnc., 1210 No. Las Brisas. Anaheim. CA 92806 Name and address of named insured ( "Named Insured "): Valley Forge Insurance Co., P.O. Box 3800, Brea, CA 92622 Name and address of Insurance Company ( "Company "): SEAL BEACH PIER WATER LINE REPLACEMENT, PROJECT NO. 735 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 he primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 2. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. • 4. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 5. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non - renewal except after written notice to Public Agency, by certified mail, return receipt requested, 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. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Public Works City of Seal Beach 211 8th Street Seal Beach CA 90740 • 7. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF TITIS ENDORSEMENT ATTACHES Automobile FROM/ TO LIABILITY $1,000,000 11 -1 -98/99 Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: Any Automobiles All Owned Automobiles ttoxismiactieicAra Non -owned Automobiles Box Reg alearytteftaititit et Hired Automobiles Mhcggt Scheduled Automobiles imagxikumager • 11. A deductible or self - insured retention (check one) of $ None applies to all coverage(s) except: None (if none, 30 state). The deductible is applicable . per claim or per occurrence (check one). 12. This is an occurrence76KxxMiWir}g policy (check one). 13: This endorsement is etTective on 9 -27 -99 at 12:01 A.M. and forms a part of Policy Number BUA1010931884 1, Diane White (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 September ,27 , , , 1999 Signat Authorized Representative (Original signature only; no facsim -ile signature or initialed signature accepted) Phone No.: ( 714 ) 578 -7054 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Atlas Allied, Inc., 1210 No. Las Brisas, Anaheim, CA 92806 Name and address of named insured ( "Named Insured "): Transcontinental Insurance Co., P.O. Box 3800, Brea, CA 92622 Name and address of Insurance Company ( "Company "): SEAL BEACH PIER WATER LINE REPLACEMENT, PROJECT NO. 735 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 m 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 prevision, 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 SE? IJJJ 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 LIABILITY General Liability 11 -1 -98/99 $1,000,000 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: Contractual Liability Explosion Hazard Owners/Landlords /Tenants Collapse Hazard Manufacturers /Contractors Underground Property Damage Products/Completed Operations ItollutVilitabilloy Broad Form Property Damage IittspuoIrkairititycx Extended Bodily Injury Broad Form Comprehensive General Liability Endorsement 12. A deductible osxx lfYinuta¢Icxatuntitni (check one) of $ 250 Property Damager applies to all coverage(s) except: (if none, so state). The deductible is applicable p rxolaa8xatr per occurrence (check one). 13. This is an occurrence or c1i attpolicy (check one). 14. This endorsement is effective on 9 -24 -99 at 12:01 A.M. and forms a part of Policy Number C01010931870 1, Diane White (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind . the Company to this endorsement and that by my execution hereof, I do so bind the Company. Exec ted 1 September 27. , 19 99 j/\1\ A riL � L Signal ire o�Aruthorized Representative • (Original signature only; no facsim -ile signature or initialed signature accepted) Phone No.: ( 714 ) 578 -7054 ADDITIONAL INSURED ENDORSEMENT • EXCESS LIABILITY Atlas Allied, Inc., 1210 No. Las Brisas, Anaheim, CA 92806 Name and address of named insured ( "Named Insured "): General Security Insurance Co., Two World Trade Center, New York, NY 10048 Name and address of Insurance Company ( "Company "): SEAL BEACH PIER WATER LINE REPLACEMENT, PROJECT NO. 735 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 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 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. 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 $2,000,000 THIS ENDORSEMENT ATTACHES Excess /Umbrella FROM/TO 11 -1 -98/99 LIABILITY Following Form Umbrella Liability 10. Applicable underlying coverages: INSURANCE_ COMPANY POLICY NO. General Liability C01010931870 Automobile Liability BUA1010931884 Workers' Co en tion . WC1056654006 . 11. the f inclusions, exclusions, extensions or specific provisions relate to the above coverages: 12. A deductible or self - insured retention (check one) of $ applies to all coverage(s) except: _ underlying policies list above (if none, so state). The deductible is applicable vlexidainux per occurrence (check one). 13. This is an occurrence stlxxdbis x policy (check one). 14. This endorsement is effective on 9 -27 -99 at 12:01 A.M. and forms a part of Policy Number UM2006727 1 , Di ane White (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 " eptember 27 , 19 99 I nJ Si gnature o rized Representative (Original signature only; no facsim -ile signature or initialed signature accepted) Phone No.: ( 714) 578 -7054 r • w • WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the CITY OF SEAL BEACH has required certain insurance to be provided by Transportaion Insurance Co. NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time. 1. This certificate is issued to: CITY OF SEAL BEACH, City Hall, 211 EIGHTH STREET, SEAL BEACH, CA 90740 -6379. 2. The insureds under such policy or policies are: Atlas Allied, Inc . 3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds, as follows: POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE WC1056654006 11 -1 -98 11 -1 -99 4. Said policy or policies shall not be canceled, voided or reduced m coverage or limits of liability, unless and u tiNhirty days' advance written notice thereof has been served upon the City Clerk of the CITY O SEAL BEACH. 1 l I/ Ar str\ong1 /Robitaj In. ur. nc1Services By: \ J J \ Its Autho • 61"R resentative • Page Intentionally Left Blank