HomeMy WebLinkAboutAGMT - E.C. Construction Company (Local Drainage Program-10th Street) • W
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
211 8th 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 8th Street,Seal Beach,CA 90740
4. The nature of the interest or estate of the owner is; In fee.The City of Seal Beach.
5. A work of improvement on the property hereinafter described as completed on 4/28/2000.The work
was: 10th Street Drainage, Project#623.
6. The name of the contractor, if any,for such of improvement was: E.C.Construction Company The
date of the Contract was: January 24,2000.
7. The property on which said work of improvement was completed in the City of Seal Beach,County of
Orange,State of California,and is described as follows: 10th Street Draina•
Date: (0/2o/2ccc
4441(f i
Sig i er orporate officer of owner
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.
Executed on / Z=
D7 ,20 00 ,at Seal Beach ali f.� -.
( ate of Signature) / re
Director of Public Works
EXHIBIT "A" ,
• Recorded in Officia .:cords, County of Orange
Gary Granville, Clerk-Recorder
• IIII IIIIIIIIIILIII!II IIIIIIIJIIIIiIIIIIIIiIIIIIIINO FEE
•
2000061653811.35am 11113100
117 27 R28 3
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
WHEN RECORDED RETURN TO: RECORDING REQUESTED PURSUANT TO
CITY OF SEAL BEACH GOVERNMENT CODE SECTION 6103
211 8TH STREET
SEAL BEACH, CALIFORNIA 90740 1/85-7
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 #623, CONSTRUCTION OF THE LOCAL
DRAINAGE PROGRAM l0'" STREET, CONTRACT ENTERED INTO -
BETWEEN E.C. CONSTRUCTION COMPANY AND THE CITY OF SEAL
BEACH
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: )e
WHEREAS, on January 24, 2000 the City of Seal Beach entered into a contract with E.C. 1
Construction Company. �k1
WHEREAS, the City Engineer has determined that the work has been substantially /
completed in accordance with the contract documents.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Seal Beach as
follows:
Section 1. That the work required to be performed by said Contractor has been
completed.
• Section 2. That the total cost of said work is in the amount of$ 90,454.41.
Section 3. That the work is hereby accepted and approved.
.1
Section 4. It is further ordered that a "Notice of Acceptance", Exhibit "A", be filed on
behalf of the City is in the Office the of Orange within 10 days of
the date of this resolution.
PASSED, APPROVED AND.ADOPTE Dap y the City Council of the City of Seal Beach at a
meeting thereof held on the d='yy y o S .!, _ • 2000, by(the followinvote:
AYES: Councilmembef
i
NOES: Councilmembers
ABSENT: Councilmembers nJii
c
Q iuug) A lea
Mayor
iAIIES;f:
i/. - ---� - sia.�I
City Clerk
41)1
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A. •
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 Numbei8SY on file in the office of the City
Clerk, passed, approved, and adopted by the City Council of City f S al a
at a
Beach,
reg:lar meeti, there° held on the e.23/1-1, day of , at a
Clerk
•
nr j',q /oo
,O'si.Cltili C. P't+yrq t„,, /0
•
10TH STREET DRAINAGE PROJECT
For THE 10TH STREET DRAINAGE PROJECT , in the City of Seal Beach.
THIS AGREEMENT, made and entered into this f� day of xVf+A/K , 2 t, by and between the
City of Seal Beach, California, hereinafter referred to as the "CITY," Party of the First art, and
E.C. Construction Co.
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 10TH STREET DRAINAGE 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 11. For furnishing all said materials and labor, furnishing and removing all plant, temporary works or
structures, tools and equipment and doing all the work contemplated and embraced in this Agreement, also for all loss
and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen
difficulties which may arise or be encountered in the prosecution of the work until its acceptance by said CITY, and for
all risks of every description connected with the work; also for all expenses incurred by or in consequence of the
suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be borne by
the said CITY and faithfully completing the work and the whole thereof, in the manner shown and described in the said
Drawings, Specifications, and Contract Documents and in accordance with the requirements of the Engineer, said CITY
will pay and the CONTRACTOR shall receive in full compensation, therefore, the unit prices and the lump sum prices
named in the Schedule of Work Items of the Proposal.
ARTICLE III. The CITY hereby promises and agrees with said CONTRACTOR to employ and does hereby employ
said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained
and referred to for the price aforesaid. and hereby contracts to pay the same. at the time. in the manner and upon the
conditions set forth in the Specifications and Contract Documents, and the said parties for themselves, their heirs.
executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein
contained.
ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned therein, and
all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are hereby incorporated in and
made a part of this Agreement.
ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically
referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties
hereto that should there be any conflict between the terms of this instrument and the bid of proposal of said
CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said
terms of said proposal conflicting herewith.
ARTICLE VI. By my signature hereunder, as CONTRACTOR, I certify that 1 am aware of the provisions of Section
3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to
undertake self - insurance in accordance with the provisions of that code, and I.wiII comply with such provisions before
commencing the performance of the work of this contract.
IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above
written.
CITY OF SEAL BEACH, CALIFORNIA
Party of the First Part
R :syresueul ',rachnd" .street drainage
BY /'LC.!
City Manager \ \\
A EST:
. e� _
City' k
CONTRA TOR - Party of the Second Part
President
Title
2213 Chico Avenue, S. El Monte, Ca. 91733
Address
Bond No.
R apecsueul Aeuchi d" vrcu druinuge
• PAYMENT BOND Bond IIB2951908
(LABOR AND MATERIALS) Premium: Included in
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarded to •
E.C. Construction C6.
2213 N. Chico
So El Monte, CA 91733
(Name and address of Contractor)
( "Principal "), a contract (the "Contract ") for the work described as follows
10th Street Drainage Project
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
United,Pacific Insurance Co. C/0 Reliance Surety Co.
•
700 N. Brand Blvd., Suite 1250
Glendale, CA 91203
(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 Sixty —Three Thousand, Seven Hundred Forty Dollars
and Fifty Cents
Dollars (S 63, 740.50 this amount being not less than fifty percent (50%) of the
total contract price, in lawful money of :he 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.
R:'Upecsveal bruchIlle siren drainuge
• •
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 anomeys' 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"
E.C. Construction Co. United Pacific Insurance Co.
a fin Byr =- .Gk- n • r By: INN"'
"'
Its President lts A orne'— n— act
By: By: .
lts Its
•
(Seal) • (Seal) : +,
- Note: This bond must be dated, all signatures must be notarized, and evidence of the
• w authority ofanv person signing as attorney -in -fact must be attached.
•
•
•
r
R (pera.sea/ beach ,r nreer drainage
T OFjT ��OCUMENTjF• iQSIACC ]BACKGRQUNDIO
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UNITED INSU RAN C EICOMPA f NY - 0 4 b � � n RELIAN NATIONAL IN D EMNI TY t COMPANY '
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KNOW ALL MEN BY PRESENTS -that RELIANCE SURE CO a c orp`o'rat i on duly orga un of State of Delaware �
andrffiat REL'IANC,E INSl1RA +COMPANY and UNITED PACIFIC INSURANCE COMPANY r are corporations organize und of the r
h , A:" e+n c . t
) Cammo ° nwealt O h of Pennsylv and that F2 ELIANCEaNATIONAL INl7EMNITYI,COMPANY' is "a coryorahon, duly organized under the lawslot th e St a te of
Wisconsln ed edwely call the -..... ames )•and that theCompanies, by`wrlue of signature and seals a do hereby make constitute and,appo'nt
Gary B Merrill `Diane Hatfield James F?Huff of Pasadena Caldorma their•true and lawful Atto Fa to make execute seal a n deli ver fo
and oz then behalf l and } asthev�act and deed any and; all bonds and undertakings of suretyship and to bind the Compames thereby asfully and to the x
same'ex as4fsuch bonds and undertakings and other wnhngs'obbgatory n nature thereof werelsigned by an Executive of the Compa'nlesA,
•an s and attested by one ot of such officers andnhereby ratifies and confrms all that�t Bald Attomey(s) m- -Fad may do In pursuant ,hereof
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"iY fThls of Att omey Isegranted unde by the au thority of Article VII of -the B La R EL 1AN C E ;S UR E TY ,C OMPANY "RIANCE , EL
INSURANCE COMPANY3iUNITED PACIFIC INSURANCE COMPANY a RE LIANCE NATIONAL INDEMNITY COMPANY which aremow in.' tom`.
a a fi r ' r; r 1A f r r „.,,, Y Mm n n <+
full f o rce and effect9reading as follows � )ti��y.. t• y " +j C ` �.• - r ' - ," ;, ( ;s ' �^''0 3
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' r i ,N 0.t The Board of D en n, the Pru dent • the Chaim f rbe Board any r V _ Pres,dcm any Pn d r As P rude n t ar othe officer des gnated by ,tic Board of Drt tors shall h (rp
power and a thonty m ve any [ Auor ne` y (s) s fact and io aothorvx d, a e e e pow n behalf of du Company bonds and uadamk,aga g dnces f udemmry aW othcr rib g obi ga in the rmmrt k t
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I *y % 2.. Atmr y O m Fact shall ha-7- power and a uthn ry b, t t the , sins and I tar o m f ,he Power of Attorn y us d' }o th to u and del r on behalf of m C m Y Pond and undenak, gs C
r reco mracts of indc ty and t figs obi gatory N m ',hereof The rpora r
seal ,s 11 u e assary f r th , v al day of y rid ndcrla ngs'remgn zarecs tomato f odemmry and o o"
nun o bl ga mry,nthenarure[hitYalt s- k 't✓..t1ti '' a't`Y i C (. rt. . ' `e r -:•; ""S'f r e2 obligate/Of 3° O A`� .. , .f'tK3 f
man s' ' turn y i ^ , Fa ctt p shallhavv w er m v°.I' . c x r D c p a `yR 'beat'.,, e.). gn , I. e Nn ^a' k, ° ct� , , 1
y t y(s pa t m a r ry u,e affida ,IS renal/vine he anazhed t e o err r c g u cs i le r is (,ndemn,ry or N r condt , r„ or M makings vul they shall I i c
l 'also have r '' an d our er r r the�f wnc,al smt jmam o the Company and ,o cops f the B fa. o f , be C om pa ny r any article or section thereof E^ % + f' cr s Ater, y " 4'
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Un av fe Im r antt C ompany a W Reliance National Indemnity l C , i i , by Unan,mous C m J tcd as of February .. 199a w and b th E '' d„F nanc Commnme oft " Board f D of Bel mnc C
Surety f Al'- " ' '' t dated u of ?Ankh n C t o,,,-.:,0c.144<- ±r � O s \-7t' x a ,�" a t4 sk s', r ' •
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On this a Janua > ary18 ' 1999'befofo -e m e k L aura a` L Wa :r personally appeared Mark• W.�A ls up wh a cknowfedgetl himself to'b the Vlce r ''
4s F e - - r 3 e . a A ,-1,,, of the�,Retiance;Surety Company Reliance, Insurance , Un i ted Pacific)nsurance Company y rid Re .National rn Com F that y ,
as suc being authorized to do s e xecuted the foregoing instrument for the purpose therein contained by signing the name of the corporatlon;by himself +,'r�
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1 Robyn L n ' ''' istant Secretary of RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY +UNITED PACIFIC INSURANCE COMP v
ANY „and RE LIANCE N ATIONAL INDEMNITY COMPANY do hereby cedlfy that the above;and is a true.and correct ;copy •ofthe`Power of �„ r a °
Attorne eecutedb sai Corn ames Is still in full force and effect t 2$ ,.,„:4,,,,4,!..:,, ry g , , . k y ls .rq, K am„
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T BA OF T D OCUM E NT OQNTAIN AN AR1TjI F,ICIAL WATiERM =HOLD AT AN ANGLE 110 V,IEW
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
rcr.ai".b�.'.>K...'y'C•.4r.c.r.-tcs-c,41?ce.,cctictc-GcAG'r:4lc-r.,7,a-C•4'C'FScesc. •ct'.L" '•:C ce)Q5::e'. •:G5:'.c.c,.cYi x-c,c-c,cS':y:1
State of California
ss.
County of Los Angeles
I
On January 27,2000 , before me, Diane Hatfield,A Notary Public
Oats Name and Tills of OfNOn(eh,..'Jane Doe.Notary Public')
personally appeared Gary B.Merrill ,
i. Names)of Sgner(s) '.
LKJ personally known to me
LJ proved to me on the basis of satisfactory $
evidence J
S.
to be the person(s) whose name(s) is/are e
subscribed to the within instrument and r
e acknowledged to me that he/she/they executed
le - �,� the same in his/her/their authorized
le
a` DIANE HATFIELD capacity(ies), and that by his/her/their
Commission# 1199105 signature(s)on the instrument the person(s), or '
e i' --41 ' Notary Public-California the entity upon behalf of which the person(s)
Los Angeles County acted, executed the instrument.
E ` :tsY My Carrlm.Exp'i53 Oct30. '
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e WITNESS my hand and official seal. p/I
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t Plate Notary Seal Above Sgrature of Notary Pu Ic /'
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OPTIONAL
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i and could prevent fraudulent removal and reattachment of this form to another document. P
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e Title or Type of Document: . _ t
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t. Document Date: Number of Pages: ._ $
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t Signer(s)Other Than Named Above:
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11 Individual . .OF SIGNER, - 7
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91997 National Notary Association•9350 De Soto Ave..PO.Box 2402•Chatsworth,CA 91313-2402 Prod.No,5907 Reorder:Call Toe-Free 1-800-876-6827
• •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I'
, State of California
2 ss. ,91
County of LOS ANGELES 1
I• 1
On 2-4-00 before me, SUSAN A. ROBERTSON, NOTARY PUBLIC
14 ,
Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public')
it: personally appeared KENNETH D. WALTERS, PRESIDENT
11 Name(s)of Signor(s)
4 IX personally known to me l
I' ❑ proved to me on the basis of satisfactory
evidence l
t l
le to be the person(s) whose name(s) is/are •I
e subscribed to the within instrument and
eacknowledged to me that he/she/they executed »l
e SUSAN A.ROBERTSON
,,,l r,., the same in his/her/their authorized ',I
Commission R r)) a,5 capacity(ies), and that by his/her/their
•>> ES%" Notory wxic—cag«ra t signature(s) on the instrument the person(s), or
ttwa. Los
Comm.Expires Nov ,2000 91
Angeles the entity upon behalf of which the person(s)
d acted, executed the instrument. 1
1• WITN S my hand and official seal.
1 ai-,- a. Ai o 11x
le Place Notary Seal Above Signature of Notary Public :1
•I
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document •"1
and could prevent fraudulent removal and reattachment of this form to another document. .1
Description of Attached Document
Iy Title or Type of Document:
tQ :I
li Document Date: Number •of Pages: 11 I
I. 'I
1 Signer(s) Other Than Named Above: el
le Capacity(ies) Claimed by Signer I
I Signer's Name: RIGHT THUMBPRINT 1
is El OF SIGNER •1
i. Top of thumb here I
■ ❑ Corporate Officer—Title(s): si
❑ Partner—❑ Limited ❑ General 't1
d ❑ Attorney in Fact .t
I' ❑ Trustee
❑ Guardian or Conservator
❑ Other: s1
IQ. Signer Is Representing:
4 s1
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O 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
S
PERFORMANCE BOND #B 2951908
Premium: $599.00
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarded E.C. Construction Co.
2213 N. Chico
So El Monte, CA 91733
(Name and address of Contractor)
("Principal"), a contract(the"Contract") for the work described as follows:
10th Street Drainage Project
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
United Pacific Insurance Co C/0 Reliance Surety Co.
700 N. Brand Blvd. , Suite 1250
Glendale, CA 91703
,(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 Sixty—Three Thousand, Seven Hundred
Forty Dollars and Fifty Cents
Dollars (S 63,740.50 ), this amount being not less than the total contract price, in
lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors,administrators,successors,and assigns,jointly and severally, firmly by Mese presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs.
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and
perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof
made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein
specified,and in all respects according to their true intent and meaning,and shall indemnify and hold harmless the Public
Agency, its officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it
shall be and remain in full force and effect.
In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an
amount fixed by the court.
R:'epecrlsrnl Dmch'ine rerun drainage
.S
• •
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"
E.C. Construction Co. Unite Pacific I. ura ` e Co.
�A� man
Y It-7�,osw..a �.r, By: man
President Its Attrrney— n—Fa
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 i,prn twat beuchil U'sown(homage
• . ,THE;FACE OF`THr"'OOCUMENiAK4 EI Ag ct-Ire.BEDjB%CCAPROUND-tO"'YHITE PAPER • I
- ,s i b . - . .a.,:
RELIANCE SURETY COMPANY > r'' IANCE INSURANCE COMPANY..
'UNITED PACIFIC-INSURANCE COMPANYr' '.I" RELIANCE
. . . NATIONAtiLia INDE. MNI T Y COMPANY NY .
- _. - - 4.Q
1i1
- NISTRATIVE
i,-' h 1-11LADELPHIA, PENN YL t -
�4"t, ,•°zr .F si r'. . -
� POWER OF ATTORNEY a�
KNOW ALL I.L 'I I-r Ti ESE PRESENTS,:that RELIANCE SURETY COMPANY,is-,a corporation duly organized under-the'laws of the Stat oftDelaware
-a il4hat-RELijohuL INSURANCE COMPANY.and UNITED,PACIFIC.INSURANCE COMPANY are corporations'duly-organized.under.the.laws of the .
E . ...... v t ..
`Cpmmonwealth of,Pennsylvama and:that.RELIANCE.NATIONAL"INDEMNITY COMPANY-isa corporation duly organized.uniler the laws of the'State of,.
Wisconsin,(herem collectrvelycalled "the:C6mpames') and-that the Compames,by;vlrtue of srgnalure`znd seals dofiereby make;constRUteand.appoint
teary i B-Merrill;Diane Hatfield;James'F‘:-Fluff,of Pasadena;California:theu�tiue;and lawful Alto rney(;):in-Fact,to make;:execute;•seal and delivei fo'
Ir r don their behalf_and;as their act and do drany and all bondsrand undertakings of suretyship and to;bind the Companies thereby as fully.and to:tne
:same extent`as if sucti;bondsrand uric' F.-rigs and other wotlrigs`obligatory mtthe nature'ttiereof were signed by•an Executive.Officer of the'Companie'.
and'sealed and•attested by:one other--- " 1 officers;and hereby ratifies and confirms all that their said Attorney(s) In`-Feamay do in pursukancie hereof •
- 'This Poweryof Attorney is granted under and by the no thority;of•Article VIIrof.the By Laws.of RELIANCE;SURETY COMPANY RELIANCE
I i it 4; LS COMPANYrUNITED PACIFIC INSURANCE COMPANY a nd:RELIANCE NATIONAL INDEMNITY COMPANY which provis ions'are row in "
full ` J e`fe [,reading as follows f ar rt r "r _. rr
1
'-+T " }s ,p RTICI E !u F Fi l i N O 90nn ANn ur
ticrhair H. a. - -
ipowe and i. i..rr r e e r e - b i i m:..,dn i r r$$ n
e� av M11 1 I.p i tl M1 : n 1kG
Y37:4 6�t& tci•••4f -.iS't' ".f 'zn r i 'Ir! f
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irr h
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aiwl c1 a 1 ii I I i Could "ad v I A 11 I i h t , p y _I ru J or ` r rr -, -„
in .PAI i. i s I III 1 1.1 in �.r1 tit IPI, hi h I - 01 t it oniv rU Ial nc
tbniiiE•rsr ■ r Ruri.II r N rrrirro IA-m . 0 ( 1 'f Fri ti 1i4arlr r or, rr , ii) .
yswtlnc p Irian r r rw I hircI=ItI4i .' '.y Ii - T ;-0 'S,, ,- - 1
1 ! I h I ofticerA a J i of it nImpany he arriard i h 1 if Au • i • - ) -
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1.1 a 1 I ; s,.r ry n •: i a � ...xLLi , . - '
'
nIIN WI I '=i the Companies have caused these presents to be igned and theircorporat I I hereto affixed this January 18 1999. _I
, - - - i,,. - - ,-RELIANCE'SURErY.COMPANI .
- I .-FIANCE INSURANCE COMPANI
. . .. . 4...2/`�'�L � �i uw �rp'T, � r - UNII r I ) FIC.INSURANCE COMPA ; �„ c. _.
. _ .. . ,tit tt I r rel.. � se • 4 zl SE/J. r RELIANCI = FIONAC INDEMNITY lON1PANy g
L3, � _ .? ;,mV, r
•.STAT F : ngton; ;to'_ . .. i.:! ..
COUNTY OF Kit ` - ,. - '
_ g p - - s, il, y . v
n., �1, w ir'r - _,4-1:.-„;:,..,:. i
sO his..January 18 1999,before me 'Lauia-L.Wadsworth personally appeared Mark.W.'Alsup who acknowledges 'ev,to oe the'ice President -
t of the' Reliance Surety Company Reliance Insurance Company nUnited Pacific.Insurance.Company:land Reliance Natic 1 demnity.Company and tnat
?as such'being authn 7od'n:+n n'°eeeeted the fn•onn ng n Rirument for the purpose therein-contained by signing ihnii;.'. - f the•cnrnnrahon 6'y himself c
.as its duly atlhoriz, it -
r Nr ) 'l °” - rr � - } hnr
_Inw.; :-,v`ier2:-. - hereunto = ?rid NOT it -- ` �Y f ,r"
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n Y .v, '.F 'c•J f .i :;PIIBUC ... . %'f.0-u'''':2L:a ` I \`) . - ,.. >�_ -'•
"rr { 't s '. Notary Pubhetin and foTthe State of?Washin_ .
at ht. . =-w� in • , - • d-" Residing et Puvallup"" ="q.- - - -
hRobyn La;ri.j of RELIANCE SURET Y COMPANY RELIANCE INSURANCE I r?r N• I OF- D PACIFIC IN i '-f:-C t'
ANY anduR I-.:CE NATIONAL INDEMNITY COMPANY do hereby certify that the above ; regoin_ti a i i ii Ind correct c the-Power,of
tntt.i,;ey axe I . by sa d ni
Compaes which is st II in full force and effect ' : t
sh-
• IU .•:I IN- -REOF hav a unto OAt my hand'and affixed the seals-of said Comoa noes-his = t t - 1 1 earoY 000
/ \\ �� J `' Av lslnnt Secretary '�' .-
y.�' �, S.$3 is 4d ry .
it,i (: d li9 3' fij
a - �i.1L;1.
THE.BACK CFTHIS DO,CUMENTeGONTAl10S}ffNl•1ff2T,IF,ICI'AL>WATjERMARK HOCD AT`AN'ANGLETO-.VIEW . I .
• •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
r:GYm,c7 -:cav-cctC�'SS.G<e4`c?c.e.,. c,c-: ?4r'-class.inch',a-c'4t`•4�::cce:cr. ':GrS.c,•Q0. .&-r. c•59, ?axx V,,'.
State of California
SS.
County of Los Angeles s
On January 27,2000 before me, Diane Hatfield,A Notary Public
PS
Name DeAa Name and Title of Oily(e.g..'Jane Doe.Notary PudK')
le personally appeared Gary B.Merrill
Name(s)of Sgner(s)
LXJ personally known to me
L I proved to me on the basis of satisfactory $
le evidence r
e 't
e to be the person(s) whose name(s) is/are e
e subscribed to the within instrument and
acknowledged to me that he/she/they executed t
the same in his/her/their authorized
e DIANE HATFIELD capacity(ies), and that by his/her/their
e . Commission# 1199105 signature(s)on the instrument the person(s), or
e i _.ma .F.' Norm',Public-California J the entity upon behalf of which the person(s) R
A
e N.,...4...y Los Angeles acted, executed the instrument.
e Warn Nail sOct30.2()02 y
e WITNESS my hand and official seal.
e
e eL ., ■- .1L'
e Place Notary Seal Above Signature or Notary Public
A
d OPTIONAL
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.
dDescription of Attached Document
e Title or Type of Document: - t.
e It
e Document Date: - Number of Pages: _ $
e >
Signer(s) Other Than Named Above:
it
e
Capacity(ies) Claimed by Signer
Signer's Name: RIGHT THUMBPRINT.
• Individual ='OF SIGNER
I J Corporate Officer—Title(s): Top of thumb here
e
e LJ Partner—CI Limited I J General
Fe r 1 Attorney in Fad I
t I Trustee I
'e ii Guardian or Conservator
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= Signer Is Representing:
It
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V 1997 National Notary Association•9350 De Solo Ave.P.O.Box 1102•Chatsworth.CA 91313-2402 Prod.No.5907 Reorder'Call Toll-Free 1-800-878.6•27
• •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
$ -wn . eAnscn max+ + xnKn n 'alasRrntcauxn w sxnx sA + atcn.,trag.ais,A.g■
pState of California a
1 County of LOS ANGELES ss 91
t
On 2-4-00 , before me, SUSAN A. ROBERTSON, NOTARY PUBLIC 9
ri Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public')
C personally appeared KENNETH D. WALTERS, PRESIDENT yl
qName(s)of Signer(s) )
re EXpersonally known to me »1
proved to me on the basis of satisfactory •.1
evidence 9"
i
eto be the person(s) whose name(s) is/are r
subscribed to the within instrument and s1
% acknowledged to me that he/she/they executed
the same in his/her/their authorized 91
N y SUSAN A.ROBERTSON capacity(ies), and that by his/her/their 9l
d commission 1116465 signature(s) on the instrument the person(s), or
p S . Notary Public—California
r ! 1. Los Angeles ca,rny - the entity upon behalf of which the person(s) 9
My Comm.Et�lres Ncv 11,2000 acted, executed the instrument. 91
q WITN my hand and official seal. I
Place Notary Seal Above Signature of Notary Public
OPTIONAL 9
Though the information below is not required by law, it may prove valuable to persons relying on the document l
P and could prevent fraudulent removal and reattachment of this form to another document. 1
C
4 Description of Attached Document 1
4 Title or Type of Document: s)
1 sl
aDocument Date: Number of Pages: 'sl
r.
Signer(s) Other Than Named Above: ;;1
ct '91
Capacity(ies) Claimed by Signer '91
`° Signer's Name: RIGHT THUMBPRINT 91
❑ Individual OF SIGNER 91
Top of thumb here .9
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General �t
r ❑ Attorney in Fact 91
❑ Trustee „)
❑ Guardian or Conservator s
p ❑ Other:
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C 1997 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
• •
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT •
AND WAIVER OF SUBROGATION AND CONTRIBUTION
10TH STREET DRAINAGE PROJECT
Indemnitor(s) (list all names):
E.C. Construction Co. '
To the fullest extent permitted by law, lndemnitor 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 lndemnitor or any of its officers, agents, servants, employees,
subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise,
directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement,
license. or permit(the"Agreement")or the performance or failure to perform any term,provision, covenant, or condition
of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior,
concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees
against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition
to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition
precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an
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 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 Kenneth D. Walters Name:
By in+.ca . 0.a/f/ By:
Its Its
President
R:'specvsenl Amdw O"nreea druinuge
• S
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:
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 (S50) 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 (525)
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 I, 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 2-3-00 Signature % �' ` .Qt�L(tcG
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STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES
CONCERNING THE CONTRACTORS' LICENSING LAWS
[Business& Professions Code § 7028.15]
[Public Contract Code § 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose
behalf this certification is given, hold a currently valid California contractor's license as set forth below:
Business& Professions Code § 7028.15:
(a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business
or act in the capacity of a contractor within this state without having a license therefor, except in any of the following
cases:
(I) The person is particularly exempted from this chapter.
(2) The bid is submitted on a state project governed by Section 10164 of the Public Contract
Code or on any local agency project govemed by Section 20104 [now § 20103.5] of the Public Contract Code.
(b) If a person has been previously convicted of the offense described in this section, the court shall
impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work,
or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than
10 days nor more than six months, or both.
In the event the person performing the contracting work has agreed to furnish materials and labor on an
hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of
materials and labor furnished and the cost of completing the work to be performed.
(c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the
time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his
or her individual licensure.
(d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered
professional engineer to form joint ventures with licensed contractors to render services within the scope of their
respective practices.
(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who
is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public
agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or
issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid.
Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a
citation to any public officer or 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.
•
(0 Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the
Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision
was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this section if the public
employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of
any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this
section, a telephone response by the board shall be deemed sufficient.
Public Contract Code § 20103.5:
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In all contracts subject to this 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.: 366814 Class: Ate/ Expiration date: 11-30-2000
Date 2-4-00 Signature
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ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
E.C. Construction Co. 2213 N. Chico So El Monte, CA 91733
Name and address of named insured("Named Insured"):
Admiral Insurance Company C/0 Neitclem Wholesale Insurance 100 W. Broadway #650
Name and address of Insurance Company("Company"): Glendale, CA 91210
10TH STREET DRAINAGE PROJECT
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the"Policy")or
in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the
Policy in relation to those activities described generally above with'regard to operations performed by or on behalf
of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments
under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other
insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages
provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is
made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the
policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same
manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to
increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and
exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification
andbr hold harmless provision(s)contained in or executed in conjunction with the written a_greement(s)or permit(s)
designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction
of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public
Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof.
In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in
full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting
within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured
against in relation to those activities described generally above with regard to operations performed by or on behalf
of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the
Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction,
interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
Director of Public Works
City of Seal Beach
211 8th Street
Seal Beach CA 90740
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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 Aggregate
THIS ENDORSEMENT ATTACHES FROM/TO 3/28/99 — 3/28/2000 LIABILITY ::$1c,'00.01;000 Occurrence
I I. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the
above coverages. Includes:
X Contractual Liability X Explosion Hazard
Owners/Landlords/Tenants X Collapse Hazard
Manufacturers/Contractors Underground Property Damage
X Products/Completed Operations Pollution Liability
X Broad Form Property Damage Liquor Liability
X Extended Bodily Injury
X Broad Form Comprehensive
X General Liability Endorsement
12. A X deductible or self-insured retention (check one) of$ 2,500.00 applies to all
coverage(s)except: , None
(if none, so state). The deductible is applicableX per claim or per occurrence(check one).
13. This is anx•;:occurrence or claims made policy(check one).
14. This endorsement is effective on 1/27/2000 at 12:01 A.M. and forms a part of Policy
Number A99AG06242 .
1, Gary B. Merrill (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, l do so bind the Company.
•
Executed/14/
.4 2000
Signature of utho tive
1
(Original signature only; no facsimile signature or initialed signature accepted)
Phone No.: ( 626 ) 795-9921
R:µtc,'sal beach-1r street Jrumage i'
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ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
E.C. Construction Co. 2213 N. Chico So El Monte, CA 91733
Name and address of named insured("Named Insured"):
Commercial Underwriters Insurance Co. 100 Corporate Pointe, Culver City CA 90230
Name and address of Insurance Company("Company"):
10TH STREET DRAINAGE PROJECT
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy") or
• in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are
additional insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds") under the
Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the
Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the
Policy.
•
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,
and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance
coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against
whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured
under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the
same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to
increase or replicate the Company's limits of liability as provided under the policy.
,r
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:
birector of Public Works
City of Seal Beach
2118th Street
Seal Beach CA 90740
R:trpec,lnol beachlJQ°sines dminoge
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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 3/28/99 — 3/28/2000
LIABILITY
Following Form X
Umbrella Liability
10. Applicable underlying coverages:
INSURANCE COMPANY Admiral Ins. Co. POLICY NO. A99AG06242
AMOUNT
Valley Forge Cl 12926956
State-Fund-. '.,`_1 `_ 1571317-00
11. The following inclusions,exclusions, extensions or specific provisions relate to the above coverages:
12. A 'deductible or self-insured retention (check one) of $ 10,000 (Retained Limit)
applies to all coverage(s)except: None (if none, so
state). The deductible is per claim or• -per occurrence(check one).
13. This is an X occurrence or claims made policy(check one).
14. This endorsement is effective on 1/27/2000
at 12:01 A.M. and forms a part of Policy
Number UL 002590
I, Gary B. Merrill (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 e 'ecution hereof, I do so bind the Company.
E itf ed
Jan .ary / , pct 2000
Signa ire 6f Authorized Re(resentative
(Original signature only; no facsimile signature or initialed signature accepted)
PhoneNo.: ( 626) 795-9921
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• •
ADDITIONAL INSURED ENDORSEMENT
E.C. Construction Co. AUTOMOBILE LIABILITY
Name and address of named insured ("Named Insured"):
Valley Forge Insurance Co. P.O. Box 946060 Maitland, FL 32794
Name and address of Insurance Company("Company"):
10TH STREET DRAINAGE 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:
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.
I. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other
insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages
provided by the Policy.
2. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is
made or suit is brought except with respect to the limits of the Company's liability.
3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the
policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same
manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to
increase or replicate the Company's limits of liability as provided under the policy.
4. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and
exclusions applicable to such insurance) includes liability assumed by 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 cer fled 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
It:'upresbra/brarh%/Q"iron drainage
• •
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
THIS ENDORSEMENT ATTACHES FROM/TO 3/29/99 — 3/28/2000
LIABILITY
•
Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the
above coverages. Includes:
xAny Automobiles Truckers Coverage
All Owned Automobiles Motor Carrier Act
xNon-owned Automobiles Bus Regulatory Reform Act
xHired Automobiles Public Livery Coverage
Scheduled Automobiles
•
Garage Coverage
•
I1. A deductible or self-insured retention (check one) of S N/A applies to all coverag(s)
except: None
(if none, so state). The deductible is applicable per claim or per occurrence(check one).
• 12. This is an X bccurrence or claims made policy(check one).
13. This endorsement is effective on • 1/27/2000 at 12:01 A.M. and forrps a part of Policy Number
Cl 19976996
Gary B. Merrill (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 27 ki 2000
Signature of Authorized Representative frf
(Original signature only; no facsimile sig ature or initialed signature accepted)
Phone No.: (626 ) 795-9921
•
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