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HomeMy WebLinkAboutAGMT - Bubalo, Steve Construction . PLEASE COMPLETE THIS IN•MATION 1 RECORDING REQUESTED BY: Recorded in Official Records, County of Orange Gary Granville. Clerk-Recorder • AND WHEN RECORDED MAIL TO: /1 n il�i1111i 1��� 11111111i1IIi 11111i11Il'I 111111II INO FEE C -uj De 5i Ac_ I3act. 110 3 R28 20000478009 �.Q2am 09/13/00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 21( <71-t Si✓aet S=A-_ 66 frch, THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: �ES�c Cc ti 483 7 — e C/ ' r tit lArivA:lfre> 17 Xs THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) '> 059-TITLE PAGE(R7/95) 11/ IP WHEN RECORDED RETURN TO: RECORDING REQUESTED PURSUANT TO CITY OF SEAL BEACH GOVERNMENT CODE SECTION 6103 211 8TH STREET SEAL BEACH, CALIFORNIA 90740 ? RESOLUTION NUMBER .03d A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPFCIFTCATIONS FOR PROTECT #814 SEAL BEACH BOULEVARD SEWER MANHOLE RECONS'!RUCTION, CONTRACT ENTERED INTO BETWEEN STEVE BUBALO.CONSTRUCTION COMPANY, INC. AND THE CITY OF SEAL BEACH. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, on January 2000,.the City of Seal Beach entered into a contract with Steve Bubalo Construction Company, Inc. for Seal Beach Boulevard Sewer Manholes. 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 wrrk required to be performed by :aid Contractor has been _on-EptC LCd. Section 2. That the total cost of said work is in the amount of$ 301,378.70. Section 3. That the work is hereby accepted and approved. Section 4. It is further ordered that a "Notice of Completion", 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 Cif Council of the City of Seal Beach at a meeting thereof held on the of! day o(f- ft2100,by the following vote: Crj AYES: Councilmemb- ' �, • NOES: Councilmembers W ABSENT: Councilmembers ifh2 _ ALA; �� Mayor ATTEST':; A Orcaa /l/ l i City Clerk • • STATE OF CALIFORNIA) COUNTY OF ORANGE) SS CITY OF SEAL BEACH) I, 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 Coun il of the City of Seal Beach, at a regular meeting thereof held on the 4,85 day of Lte 2000. i Clerk • RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Recorded in Official Records, County of Orange Gary G ranville, Clerk-Recorder CITY OF SEAL BEACH 11111TI1 iII TIMII iI1irilii1I!; lIl !i1h.NO FEE Attn: City Clerk 20000478010 11:02am 09113100 211 8th Street Seal Beach, CA 90740 110 3 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Space of above this line for Recorder's use. *** No Recording Fee Pursuant to Government Code Section 6103,27383 **** 1 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 8ih Street, Seat 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 4/7/00. The work was: Seal Beach Boulevard Sewer Manhole Reconstruction Project#814. 6. 7. The name of the contractor, if any,for such of improvement was: Steve Bubalo Construction Co., Inc. The date of the Contract was: January 24,2000. 8. 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 Boulevard. G' /f 1 Date: Q/ 2���U __ Sig wo owner or corpora -. __ • named in paragraph 2 or his agent. 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. 1. O Executed on � �• T9 , at Seal ft, Calif. ( ate of Signature) . EXHIBIT °A" r f• -..e "s pL LUci. urytme4.0 -f oi/ad /co ",kw0k. pYainh'&.it Jw hut' &ai.e% ftti4. • SEAL BEACH BOULEVARD SEWER MANHOLE RECONSTRUCTION PROJECT For THE SEAL BEACH BOULEVARD SEWER MANHOLE RECONSTRUCTION PROJECT Beach. THIS AGREEMENT, made and entered into this e;til day o City of :) . Beach, CajOrnia, hereinafter referyid to as the "CITY," P 14046 (�oa/BTl1S T /®a) C • A/ CO • CTOR, " Party of the Second Part. of the Fi WITNESSETH: That the Parties do hereto mutually agree as follows: Part, and hereinafter , in the City of Seal by app designated between the siignated as the ARTICLE L For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said CITY, the CONTRACTOR agrees with said CITY to SEAL BEACH BOULEVARD SEWER MANHOLE RECONSTRUCTION PROJECT , and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in the Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be furnished by the CITY), and to do everything required by this Agreement and the said Specifications, Drawings, and Contract Documents. ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary works or structures, tools and equipment and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by said CITY, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be borne by the said CITY and faithfully completing the work and the whole thereof, in the manner shown and described in the said Drawings, Specifications, and Contract Documents and in accordance with the requirements of the Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal. ARTICLE M. 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 VL By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Section '3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. R: specslseal beachlseal bch ewer manhole IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year fast above written. R: lspecslseal beachlseal bch sewer manhole CITY OF SEAL BEACH, CALIFORNIA Party of the First Part BY / City Manager STEVE BUBALO CONSTRUCTION COMPANY BY John C. Schiller CTOR - Party of the Second Part ice President & General Manager Title P.O. Box 1048, Monrovia, CA 91017 Address 1 • STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.15] [Public Contract Code § 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law_ and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's License as set forth below: Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license 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 irnprisonrnent in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non - responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or 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 three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: R: lspecslseal beachlseal bch sewer manhole Y • In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License no.: 296169 Class: A Expiration date: 9/30/2000 Date 1/11/2000 Signature R: lspecslseal beachlseal bch sewer manhole John` . Schiller, V.P. & Gen. Mgr. AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 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 Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcon - tractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Date 1 /11 /2000 R: lspecs%seal beach seal bch sewer manhole Schiller, Vice Pres. & Gen. Mgr. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION SEAL BEACH BOULEVARD SEWER MANHOLE RECONSTRUCTION PROJECT Indemnitor(s) (list all names): STEVE BUBALO CONSTRUCTION COMPANY To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees ") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities "), arising or claimed 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 Indenmitee'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 coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.Indemnitor, on behalf of itself and all partics 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 Steve Bubalo Construction Company By: ! ' C.— 1c,1hl By: Its Name: Its ice Pres. & Gen. Mgr. n C. Schiller R: lspecslseal beachlseal bch sewer manhole • ** *EXECUTED IN4110IPLICATE * ** Bond No. 86 SB 103248763 BCM Premium: $1,452.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: i WHEREAS the City of Seal Beach, has awarded Steve Bubalo Construction Co., Inc. 128 E. Live Oak Ave., Monrovia, CA 91017 (Name and address of Contractor) ( "Principal "), a contract (the "Contract ") for the work described as follows: Seal Beach Blvd. Sewer Manhole'Reconstruction Project, No. 814 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 Travelers Casualty And Surety Company Of.America, :•21688 Gateway Center Dr., Diamond Bar, CA 91765 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmh bound unto the Public Agency in the penal sum of Two Hundred Ninety Three Thousand Four Hundred And No /100 Dollars S 293,400.00 ), this amount being not Icss than the total contract price, in lawful money of the United States of America, for the payment of which sum HcII and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and se.erall.. 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 trul■ keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided, then this obligation shall become null and void. othcrw,se. 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 attorne■ s' fees in an amount fixed by the court. R: lspealseal beachlseal bch sewer manhole • 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 undef 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 (f 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: January 6, 2000 "Principal" "Surety" STEVE BUBALO CONSTRUCTION CO., INC. TRAVELERS CASUALT SURETY COMPANY OF AMERICA By: 1 By: pff/V.P. & Gen. Mgr. Its orney -in -Fact Jo'n C. Schiller Lourdes Lands By: By: Its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. R: Ispecslual beachlseal bch sewer manhole 1 1 ` %f./!/1111JfflJf ll f 1flflllrfJllfl /�f1�1�1Jllfff11f11Jflflff ./off. / /f��J� ���llf/fflllfffflllfllffl• 1 1 % 1 11 1 1 1 1 N 1 1 1 11 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Orange County of 1 -6 -00 On personally appeared Lourdes Landa xxc personally known to me - OR - before me. Sheila K. McDonald, Notary Public 91 T''.•�:,� SHEILA K. MC DONALD It COMM. #1090412 NOTAi Y PUBLIC•CALIFORNIA G /1 0. ORANGE COUNTY N 1I MY COMMISSION EXPIRES MARCH 15, 2000 Ig .AYE - -- �F -`SCE= : 3 .er•E _=E -- - `.AVE S 2,F S;,C,'.EQIS, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL ,1/1* meAtiLid SIGNATURE OF NOTARY Though the data below Is not required by law. it may prove valuable to persons relying on the document and could orevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER LI INDIVIDUAL CORPORATE OFFICER PARTNER(S) TIT! EISI LIMITED Li GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR 1 OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITYIIESI DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 90-1133 3/94 01993 NATIONAL NOTARY" ASSOCIATION • 8236 Remmet Ave . P 0 Box 7184 • Canoga Pa'. :A 9' ''0 S ) E E E E E E 5 E E E fi ) • • ©&LDCFOO G°3HOn, alLIL.PUG°3POO SCE £©C3f 1011igdCEDD ©INIE 94 Bat t•.c r•, .c remee,,?-cr 2ec r..cgwce c...c`c -o.c .cae( cr, - r• cc�o'Y o State of California County of Los Angeles On 1/11/2000 Date personally appeared John C. Schiller Name(s) of Signer(s) ViDersonally known to me ❑ proved to me on the basis of satisfactory evidence ss. , before me, Rosemary Tomljenovic - Notary Pu,b1 Name and Title of Officer (e.g., "Jane Doe, Notary Public ") ROSEMARY TOMUENOv!C Commission 0 1182 i Notary Public - CafifozeIQ Los Angcic-s County 7 My Comm. Exp! sJun3 Place Notary Seal Above to be the person,( whose name, is re subscribed to the within instrument and acknowledged to me th a_ the same in capacity(i an signature he /they executed r /their Nthorized that by is er /thir on the instrument the perso , or the entity upon behalf of which the person(�a'r acted, executed the instrument. ft' .4 _4 SS my hand •fficial seal. Sign re of Notary Pubh/ OPTIONAL c. 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: John C. Schiller ❑ Individual CXkorporate Officer— Title(s): Vice President & General Mgr ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Steve Bubalo Construction Company 01997 National Notary Association • 9350 De Soto Ave., P.O Box 2402 • Chatsworth, CA 91313 -2402 Prod No. 5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 "*EXECUTED IN TRIPLICS * ** PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: • Bond No. 86 SB 103248763 BCE Premium: Included In Performance Bond r WHEREAS the City of Seal Beach, has awarded to Steve Bubalo Construction Co., Inc. 128 E. Live Oak Ave., Monrovia, CA 91017 (Name and address of Contractor) ( "Principal "), a contract (the "Contract ") for the work described as follows: Seal Beach Blvd., Sewer Manhole Reconstruction Project, No. 814 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 Travelers Casualty And Surety Company Of America, 21688 Gateway Center Dr., Diamond Bar, CA 91765 (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 Two Hundred Ninety Three Thousand Four *: ____ Dollars ($ 293,400.00 ) 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. *Hundred And No /100 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 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 R: lspecsl eal beachlseal bch sewer manhole • 1 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 fit 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: January 6, 2000 "Principal" "Surety" STEVE BUBALO CONSTRUCTION CO., INC. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA By: . C— ' 1 . By: b.AFW V.P. & Gen. Mgr. ' Its A torney -in -Fact B •• C. Schiller By Lourdes Landa Its Its t (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. R: lspeclseal beachlseal bch ewer manhole • CALIFORNIA ALL•PURPOSE ACKNOWLEDGMENT • ,, _ _ -f %1fJlfl f- _�l = =�1fJ1 ll��lllf fl /_ ��llflf�ff�1fJJlllllllfl; State of California Orange 111 111 11 t\ ll� 11 ,� \`1111111 1, `lJl�/l /Il��llfr Il : 11�fffr111111�1If1�1111111f1I1�11� /1f1f /1JJJJJJ�1l9 1 County of 1 -6 -00 On before me. Sheila K. McDonald, Notary Public `.i�•E - -__ 'Dr E •,4NE JCE •,c-AM • personally appeared Lourdes Landa - .4`•'E 5 ZF 3 3'.ERIS OR - _ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. LT personally known to me aa , SHEILA K. MC DONALD It. cm dl t `' � COMM. #1090412 0 *'‘Y--� 1 \ NOTA..Y PUBLIC - CALIFORNIA p > .s, '� ORANGE COUNTY N II Q MY COMMISSION EXPIRES MARCH 15, 2000 it WITNESS my hand and official sea OPTIONAL SIGNATURE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and cou:o orevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL D. CORPORATE OFFICER PARTNER(S) TiP_EIS1 LIMITED LI GENERAL ATTORNEY -IN -FACT Li TRUSTEE(S) Li GUARDIAN /CONSERVATOR Li OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMEr.- NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF RERSON(SI OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 90 -1133 3/94 ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P O Box 7184 • Canoga aa-• -' ?' 3C=' - j4 • • ©1L1LDIFOO ° C10La1 &ILL PUI POO SE LR1C6C3MOO 1 ILIEDD OMiICE(n74 �Kv e.- o..0<,,-c‹•.C`S'WC"!`�fhr. `. e‹. .Ch.C�C>"C'‹'"C'`�- .c.4tte?cP-. �f`Wt elf•`. cf•`•LS-.CK?�C`S.'•�e<tG• .:e<t. <.- .C`S�.C�f`- "Ci`•efte0. '.- .es :.G `CS'•"C'S>k"C= "(- OestCOc<'- ``4X0' fi State of fi California I • ss. County of Los Angeles , rxig '1 r. p 5 F On 1/11/2000 Date personally appeared before me, Rosemary Tomljenovic - Notary Public Name and Title of Officer (e.g.. "Jane Doe. Notary Public ") John C. Schiller ROSEMARY TOMUENOVIC Commission 1162= Notary Public -California Loa Minim County MyComm. EEpb s Jun 6, 2002 Place Notary Seal Above Name(s) of Signer(s) XX personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name,(8161re subscribed to the within instrument and acknowledged to me th -.,�j he /they executed the same in er /their authorized capacity(i , an that by er /their signature on the instrument the perso the entity upon behalf of which the perso acted, executed the instrument. S my hand a icial seal. Signature o Notary Public OPTIONAL IOItlAL 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. Description of Attached Document Title or Type of Document: Document Date: g W fi Se.t) ekeo<? CciCtSciS�' tSCt9' �• i:' �S �= t1 CtS�JC%tS�%t:`�'/Sc%t"Ct9Ct1` CSC^ C: 9CtS L4"0t9Ct1' CttiCtS�ii`r✓ 4"Ct9'uG`�'•t9CtSCt "c- SiC•V`oU� ® 1997 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth. CA 91313 -2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800- 876 -6827 Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: John C. Schiller ❑ Individual gXCorporate Officer — Title(s): Vice President & General Mgr. ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Steve Bubalo Construction Company RIGHT THUMBPRINT SIGNER TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA lirLERS CASUALTY AND SURETY COMP FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183 -9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS Naperville, Illinois 60563 -8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN-FACT KNOW ALL, PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duty organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of DuPage, State of Illinois, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these presents make, constitute and appoint: John Forest Monroe, William R. Curtis, Philip E. Vega, Mary Jo Stelzer, Lourdes Landa or Sheila K. McDonald * * of Irvine, CA, their true and lawful Attorney (s) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (8-97) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS have caused this instrument to be signed by their Senior Vice President, and their corporate seals to be hereto affixed this 10th day of November, 1999. STATE OF CONNECTICUT } SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS By George W. Thompson Senior Vice President On this 10th day of November, 1999 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND - SURETY COMPANY OF ILLINOIS, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2001 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY•AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of the State of Illinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 6th day of January , 2000 . • Kori M. Johanson Assistant Secretary, Bond • • • • ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Stpva Rubaln r'nnstrnrtinn rn P 0 Rev 1nnR Mn. Hula Name and address of named insured ( "Named Insured"):. CA q1017 Pennsylvania General Ins. Co., 436 Walnut Street. Philadelphia, PA 19106 -1 09 Nance and address of Insurance Company ( "Company "): SEAL BEACH BOULEVARD SEWER MANHOLE RECONSTRUCTION PROJECT Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy ") or in any endorsement now or lrereaflcr 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. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third- party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agrecment(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 cove ..reduction of limits (except as the result of the payment of claims), or non - renewal except after written rTbll�e to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision. the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Public Works City of Seal Beach 211 8th Street Seal Beach CA 90740 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 polio• to which this endorsement is attached. R:'spr: s'see: beach'seal bch sewer manhole • • TYPE OF COVERAGES TO WHICH POLICY PERIOD THIS ENDORSEMENT ATTACHES FRO.'•1J T O LIMITS OF LIABILITY 11. Scheduled items or locations arc to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: I Contractual Liability ❑ Owners/Landlords/Tenants ❑ Manufacturers/Contractors IR Products/Completed Operations l3 Broad Form Property Damage ❑ Extended Bodily Injury a Broad Form Comprehensive O General Liability Endorsement XO Explosion Hazard X0 Collapse Hazard xO Underground Property Damage x❑ Pollution Liability ❑ Liquor Liability 0 0 12. A deductible or O self- insured retention (clicck onc) of I 0 r 000 applies toRl,}g , c gX pr6pert-y namaae Liability (if none, so state). The deductible is applicable 0 per claim orxt per occurrence (check onc). 13. This is an X3 occurrence or 0 claims made policy (clicck onc). 14. This endorsement is effective on 1/6/00 at 12:01 A.M. and forms a part of Policy Number rppl ?1 9' Sn -On 1, Margarita Cordova (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 January 6 • Signature of Authorized Representative X3g 2000 (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( 626) '7 °2 -q-577 R:'specs'sral lleach:seal bch sr.rr manhole • ADDITIONAL INSURED ENI)ORS :E.MF : \'r AUTOMOBILE LIABILITY Steen Rnha10 Construction Co.. P.O. Pox 1048. MonrOVias11 91017 Namc and address of mined insured ('• Namcd Insured "): General Accident Insurance Co., 436 Walnut Street, Philadelphia, PA 19106 -1109 Namc and address of Insurance Company ( "Company "): SEAL BEACH BOULEVARD SEWER MANHOLE RECONSTRUCTION PROJECT Notwithstanding any inconsistent statement in the policy to %; hick this endorsement is attached (the "Policy ") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 111c City of Seal Beach, its elected officials, officers, attomcys, agents, employees, and volunteers arc additional insureds (the above named additional insureds arc hereafter referred to as thc "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 undcr the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with thc 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 v;ith 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 caadnue in full force and effect until compliance with -.his 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. Tnis endorsement and all notices given hereunder shall be sent to Public Agent• at: Director of Public Works Ciry of Seal Beach 211 Sth 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 tow Mich this endorsement is arachcd. p.: spe =seal bea:hlseal bch sewer manhole • TYPE OF COVERAGES TO \VHICiI LIMITS OF THIS ENDORSEN1E \'T ATTACHES LIABILITY • POLICY PERIOD FROM/ TO Scheduled items or locations arc to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: • Any Automobiles ❑ All Owned Automobiles Non -owned Automobiles Hired Automobiles ❑ Scheduled Automobiles ❑ Garage Coverage 11. A ❑ deductible or coverage(s) except: (if none, so state). The deductible ❑ •sc • Truckers Coverage O Motor Carrier Act O Bus Regulatory Reform Act O Public Livery Coverage 0 0 1f-insured retention (check onc) of S NONE is applicable 0 per claim or ❑ per occurrence (check onc). 12. This is an [ occurrence or 0 claims made policy (check onc). 13. This endorsement is effective on ,Tan jary 6. 7ono - .n7F4777 -nn applies to all at 12:01 A.M. and forms a part of Policy Number 1, i }a Garda (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 January 6 Signature of Authorized Representative Xir* 2000 CL C CL (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( 626) 792 -5522 R :'speer'seal beach'seal b:h sewer manhole • AUI)ITIONAL INSURED ENI)ORSE:\1E:N T EXCESS L1.ABII-I TI' Steve Bubalo Construction Co., P.O. Box 1048, Monrovia, CA 91017 Name and address of named insured ( "Named Insured'.): General Accident Ins. Co., 436 Walnut Street, Philadelphia, PA 19106 -1109 Name and address of Insurance Company (• "Company ..): SEAL BEACH BOULEVARD SEWER MANHOLE RECONSTRUCTION PROJECT Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy ") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds arc hereafter rcfcrrcd to as the "Additional Insureds ") tmdcr 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 Polio 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 wider the polio•. 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 Narned Insured under the indemnifies-don and/or hold harmless provision(s) contained in or executed in conjunction with the written agrcement(s). r...,r+crmit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is anachcd 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 waned Insured regardless of any prior, concurrent. or subsequent active or passive negligence by the Additional Insureds. S. It is hereby agreed that the laws of the Stzte of California shall apply to and govern the vandir , construction. interpretation, and enforcement of this contract of insurance. R: is ea:sear .each'sear b..h sewer manhole j 9. This endorsement and all notices given hereunder shall be sent to Public Agenc :a Director of Public Works City of Scat Beach 211 Sth Street Seal Beach CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH LIMITS OF THIS ENDORSEMENT ATTACHES LIABILITY 0 Following Form 0 Umbrella Liability _ $10, 000, 000 /Each Occurrence 0 $10,000,000 /Aggregate POLICY PERIOD FROMITO 07/01/99 - 07/01/00 11.. Applicable underlying coverages: INSURANCE COMPANY POLICY NO. AMOUNT * *Employer Liability State Fund $1,000,000 /Each Acc. #429/108 -99 $1,000,000 /Each Employee 12. The following inclusions, exclusions, extensions or s cillEriro`Citila4 bite= iortliPitx6ve coverages: 13. A 0 deductible or self - insured retention (check one) of S 10.000 applies to all coverage() jatk (if none. so state). The deductible is applicable 0 per claim or 0 per occurrence (check onc). 14.. This is an occurrence or 0 claims made policy (check onc). 15. This endorsement is effective on 1 iF,../00 at 12:01 A.M. and forms a part of Policy Number r tn30199a79 -00 I. Marc -ari to r'nrdr ip (print nine), 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 nuar r, C d. .& Signature of Authorized Representative .;#Rx 7000 (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( 626 ) * *General Liability Automobile Liability R:'specs'seal beach'seal b:h manhole Pennsylvania General Ins. Co. $2,000,000 /General Aggregate -CPP121 9850 -00 $2,000,000 /Prod. /Completed Operations Aggregate General Accident Ins. Co. $1,000,000 /CSL 3A0264777 -00