Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
AGMT - AMG & Associates Inc. (Fire Station 48)
RECORDING REQUESTED BY Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder AND WHEN RECORDED MAIL TO I IIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIII NOM IIIIIIIIIII NO FEE CITY OF SEAL BEACH 2010000342683 8:49 am 07/20/10 Attn: City Clerk 143 414 012 1 211 - 8th Street 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Seal Beach, CA 90740 Space of above this line for Recorder's use. )� " /� * No Recording Fee Pursuant to Government Code Section 6103, 27383 " " ** I� 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 hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 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. 57 improvement on- the -property-hereinafter is- described -as-substantially-completed -on- April 26, 2010. The work was Fire Station #48 #BG0803. 6. The name of the contractor, if any, for such improvement was: AMG and Associates. The date of the Contract Award was January 26, 2009. 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: 3131 Beverly Manor Road, Seal Beach, California 90740. Date: 3Z/cj /2, 2o,h Signature of owner or corporate o +cer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. rp Executed on d v1 /2, 3- ,y , 2010, at Seal Beach, California. (Dat of Signature) Director of Publ' Works • AN AGREEMENT FOR DEMOLITION OF EXISTING FIRE STATION AND CONSTRUCTION OF NEW FIRE STATION PROJECT NO. BG0903 between pE ... 1 ° \ ¢ „fgaHY T P � \ City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 AMG & Associates, Inc. 26470 Ruether Avenue, Suite 108 Santa Clarita CA 91350 661.251.7401 THIS AGREEMENT is made and entered into this 26th day of January, 2009, by and between the City of Seal Beach, a California charter city ( "City "), and AMG & Associates, Inc., a California Corporation ( "Contractor "). I S7296- 0200 \1113228v4.doe • • RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Demolition of the Existing Fire Station and Construction of a New Fire Station with respect to design criteria. B. WHEREAS, Contractor has submitted a bid to City for the Project on January 6, 2009 in the amount of $3,898,909 ( "Accepted Proposal" hereinafter). The Accepted Proposal is attached hereto as Exhibit G and contains, among other things, provisions defining the Project scope and the cost associated with such Project scope. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: AGREEMENT 1. Contractor's Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Agreement, Contractor shall perform and complete in good and workmanlike manner all work ( "Work ") required by this Agreement and the documents listed in Subsection 1.2 for the Project. 1.2 Contract Documents. The "Contract Documents" that comprise the agreement between the City and the Contractor are the: Notice Inviting Bids, Instructions to Bidders, Accepted Proposal, Non - Collusion Affidavit, Bid Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms for Check or Bond, Specifications, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, this Agreement, Exhibits attached to this Agreement, including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Worker's Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any and all supplemental agreements executed amending or extending the work contemplated and that may be required to complete the work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Agreement. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefore, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 1.4 In the event of any material discrepancy between the express provisions of this Agreement and the provisions of the other Contract Documents, the provisions of this Agreement shall prevail. 2 S7296- 0200 \I113228v4.doe • • 2. Effective Date. This Agreement is effective as of January 26, 2009 (the "Effective Date "), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 3. Payment. For performing and completing the work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of $3,898,909, subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 4. Contractor's Personnel. 4.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of city officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the work performed pursuant to this Agreement. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 3 S7296- 0200 \I 113228v4.doe • • 5. Indemnification. 5.1 Contractor's Duty. Contractor shall indemnify and hold the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees ") free and harmless from any and all claims, damages, penalties, obligations, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including without limitation wrongful death, bid protests, and stop notice actions, in any manner arising out of or incident to the performance of the Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Further, Contractor shall appoint competent defense counsel, at Contractor's own cost, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of the Agreement that may be brought or instituted against Indemnitees. With respect to any and all suits, actions or other legal proceedings of every kind arising out of or incident to any bid protest, Contractor shall reimburse the City for all attorney fees and costs incurred by City in connection therewith. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Agreement. Contractor shall reimburse the City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor. 5.2 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 5.3 Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation 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. 5.4 Survival. The provisions of this Section 5 shall survive the termination of the Agreement and are in addition to any other rights or remedies that 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 a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 6. Insurance. 6.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subconsultants. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 4 57296- 0200 \1113228v4.doc • • 6.1.1 Exhibit D -1: Additional Insured Endorsement - Commercial General Liability 6.1.2 Exhibit D -2: Additional Insured Endorsement - Automobile Liability 6.1.3 Exhibit D -3: Additional Insured Endorsement 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per accident for bodily injury and property damage. 6.3.3 Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. 6.4 Deductibles and Self- Insured Retentions. Contractor shall inform City of any deductibles or self - insured retentions. 6.5 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.5.1 City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, 5 57296 -0200\1 113228v4.doc • • employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. 6.5.2 For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self - insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it. 6.5.3 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5.4 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. 6.5.5 Each insurance policy required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. 6.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII unless waived in writing by City's Risk Manager. 6.7 Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 7. Liquidated Damages. Should the Contractor fail to complete the project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $1,000 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from 6 87296- 0200 \1113228v4.doc • • the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Agreement. 9. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211 8th Street Seal Beach, California 90740 Telephone: (562) 431 -2527 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 211 8th Street Seal Beach, California 90740 If to Contractor: Albert M. Giacomazzi, President/CEO AMG & Associates, Inc. 26470 Ruether Avenue, Suite 108 Santa Clarita CA 91350 Telephone: 661.251.7401 Fax: 661.251.7405 10. Non - Assignability. Contractor shall not assign or transfer any interest in this Agreement or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign or transfer any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12. Non - Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any 7 57296- 0200 \1113228v4.doc • • other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 13. Attorneys' Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including all attorneys' fees incurred in connection therewith. 14. Construction. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 15. Headings. Section and subsection headings are not to be considered part of this Agreement, are included solely for convenience, and are not intended to modify or explain or to be a full or accurate description of the content thereof. 16. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations, or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. CITY OF SEAL BEACH CONTRACTOR: e Ar By: By: , /� D avid Carman r� aA43ySax Y Name: Alber � Y Giacomazzi City Manager Title: President 8 S7296- 0200\ 1113228v4.doc • • Attest: By: /, __lA C4 _ _ By: Linda Devine, City Clerk Name: Title: Approved as Form By: Ait o "inn M. B i ow, City Attorney 9 S7296- 0200 \1113228v4.doc • • EXHIBIT A Bond No. 2277691 Bond Premium $34,252.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded AMG&Associates, Inc. 26470 Ruether Ave. Suite#108 Santa Clarita, CA. 91350 (Name and address of Contractor) ("Principal"), a contract(the"Contract") for the work described as follows: Demolition of Existing Fire Station and Construction of New Fire Station, Project No. BG0903 WHEREAS,Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and Insurance Company of The West 10509 Vista Sorrento Parkway#310 San Diego, CA. 92121 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Three Million Eight Hundred Ninety Eight Thousand Nine Hundred Nine and No/00 Dollars ($ 3,898,909.00 ), 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 these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents. and others as therein Exhibit A, Page 1 57296-0200V 073470v7.doc • • provided,then this obligation shall become null and void;otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed there under, 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 there under. 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: January 30, 2009 "Principal" "Surety" AMG &Associates, Inc. Insurance Company of The West BY � By: per.& 0 7.:1h=rt`M omazzi Megaes, Attorney-in-fact dts ;president Its 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. Exhibit A, Page 2 57296-0200\t 073470v7.doc • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cv,..e .,n{ j5[y{eissf. iS. ersxts<%:) ats,,icisiot :sift Lr'•{„Z;!sitt- :teatcowsic*.tat 5.gq{3YC2ietkat•.«fO;:tvwt>YS.-twattot ied State of California County of Ventura On January 30, 2009 before me, Jodie Lee Sczepan, Notary Public Date Here(need Name and Title of the Officer personally appeared Megan B. Gaines Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(%) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hit/her/their authorized capacity(i6s), and that by his/her/their signature(s) on the JODIELEESCZEPAN instrument the person(%), or the entity upon behalf of S _ ;` COMMA t179066 S which the person(s) acted, executed the instrument. R -� `�'' NOTARYPUBLIC-CAUFCRNM R U i` : t- VENTUPACOUNTY U .yw7 1yCaaahNmFxnres I certify under PENALTY OF PERJURY under the laws g NOVEMBER 9,nil of the State of California that the foregoing paragraph is true and correct. WITDI€SS mY�hand and official Si. ature 7a& s Place Notary Seal Above Signatu 7•r j .ry P•k OPTION 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: Bond Document Date: January 30, 2009 Number of Pages: • Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General RIGHT THUMBPRINT ❑Partner—0 Limited ❑General RIGRTTHuMSPRIM Ed Attorney in Fact "'OFSIGNER .• ❑Attorney in Fact OF SIGNER' Top of thumb here ❑Trustee Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: Insurance Company of fhe West .(✓S4.%:vL4✓=4•S<9.S4q:4'nec✓n✓<4✓S4.4Am.:CtiA'YR 44444tL4444.:•44_4~SA.4444 444-%GC_4S'Y6\%44.40444&499.4!ti ,4494•44444944\.vr44✓:(JS'v4Se 0 2007 Natiad Notary Assoda0vf•9350 De Soto Ave..P.O.Box 2402•Chalsuort,CA 91313.2492•www.NationalNofaryorg Item 05907 Reorder:CaUTOA-Freer-8000766827 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A-S?L�*aS..)595.HCHC0bi+>LHSL-HC9aS.9S.0a..»R:AS.gb.'.OR9A�S".. HSfA.�4��t.ALaf#-'-4"4LO �OS..-wC'-o.S.�f.L'�L^N4+a.9aa.0.A State of California County of Los • eIc5 J5 On Feb . lO ,Zoo before me, Cher Hudson Igo*ar> f>Jblt c , Date, Here Insert Name and Title of the Officer personally appeared A l b e r t M &10.G o m a Z a I Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e)whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/heritheif authorized capacity(ics), and that by his/hcr/thcir signature(e on the instrument the person(s), or the entity upon behalf of which the person(e) acted, executed the instrument. rat HUDSON �• `— ; CortuNWon! 16JS421 ;-4 ; j ; y Public•California t I certify under PENALTY OF PERJURY under the laws ' ` of the State of California that the fore oin paragraph is on agelm County [ 9 9 P 9 P NryCLos_An �hsCour ,20to true and correct. WITNESS my hand and official seal. Signature &!Aaa �..---=—�l Place Notary Seal Above Signature of Notary Public 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. Description of Attached Document Title or Type of Document Pe c f o r rn a n c e B o n c-' Document Date: Tonkin r 30 2 0 0 R Number of Pages: Tw n (a 1 Signer(s) Other Than Named Above: h e- Q n S . Gal n r S Capacity(ies) Claimed by Signer(s) 1 • Signer's Name: tilbed- f Gic&coniazZ1 Signer's Name: ❑ Individual ❑ Individual R Corporate Officer—Title(s): Pie S I d C n+ ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General RIGHT THUMBPRINT ❑ Partner—❑ Limited ❑ General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ANG4 Aisor Intcs, Inc. nee%-e'-t'4--.'«.ca...'-_'-✓ a"•_mrdv4acd-vcr-d.-d W4 '4-d<:a v4F W4 cw<r<-«.-«.-e c+'.W<«<a, r _ _ dog.s"<`.cd-«crs ©2007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Cali Toll-Free 1-800-876-6827 • • EXHIBIT B Bond No_ 2277691 Bond Premium Premium Mold. In Perf. Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded t0 AMG &Associates, Inc. 26470 Ruether Ave. Suite#108 Santa Clarita, CA. 91350 (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: Demolition of Existing Fire Station and Construction of New Fire Station,Project No BG0903, 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 Insurance Company of The West 10509 Vista Sorrento Parkway#310 an Diego, CA. 92121 (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 Three Million Eight Hundred Ninety Eight Thousand Nine Hundred Nine and No/00 Dollars($ 3,898,909.00 this amount being not less than fifty percent(50%)of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not Exhibit B, Page 1 S7296-0200\1073470v7.doc • • exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' tees 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: January 30, 2009 "Principal" "Surety" AMG & oci • _ .rt't.. SA/S% li Albert M._'Giaco azz, President -Surety: Insuran-ce company of The West By: "' 6 By: Megan B. Gaines, Attorney-in-fact Its Its 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. Exhibit B, Page 2 S7296-0200\1073470v7.doc • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ..z.;oeu?.i__niz7Yes.ees sezesez ese�'iaf: s:styes;gY::oeec [„7 eowews .esee eeerg ogzeseowee;.:1 i.�i�ieea.:7 •op N3i..n Y� State of California County of Ventura On January 30, 2009 before me, Jodie Lee Sczepan, Notary Public Date Here Insert Name and Title of the Officer personally appeared Megan B. Gaines Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(%) whose name(s) is/age subscribed to the within instrument and acknowledged to me that ffe/she/they executed the same in h$S/her/their authorized �,.•::'�c<, JODIELEESCZEPAN capacity(i6s), and that by his/her/their signature(s) on the S '-'"o,i� «, NOTARY#IPCA 1FLoRN1A R instrument the person(s), or the entity upon behalf of VENTURA -CALIF which the person(s) acted, executed the instrument. $ � '1i1 f 1Ay Commission fires 1 N0VEU8ER9,201i I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE hand apd official seal. I J Sig ature MAII.A111. Place Notary Seal Above Signal*"ary Pudic OPTION 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: Bond Document Date: January 30, 2009 Number of Pages: • Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑Partner—❑Limited ❑General RIGHT THUMBPRINT RIGHT THUMBPRINT OF SIGNER ❑ Attorney In Fact or SIGNER ❑Attorney in Fact ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: Insurance Company of The West • nti.teeen:v vnecg4tv((g:e✓f✓•(niK%Segeeezes{✓eeeee LSig:(tYAVice.!ex✓.x.f.eemetee✓ewei4:•%e eeeeet'iieyfVestmet necemeceseeti:\.e&weeteen:v 02007 Nalico Notary Assodaten'9350 Do Solo Ave..ea Box 2402-Chatsworth,CA 91313-2402•www.NationelNdaryag Item*5907 Reorder:Gal Ton-Free l-000-076-6827 ' 0 • No. 0004465 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint MEGAN B.GAINES,MICHAEL CRESSWELL,TIM MCCLAIN their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January,2008. C mNaro, 9UMN o 0'in 44 ..ti.. ��aPUry cF aL s'^Wro ao 'e`% rY �� INSURANCE COMPANY OF THE WEST o nSEAL; v �\e EXPLORER INSURANCE COMPANY me, / s�,cooar'.°'t % a �d INDEPENDENCE CASUALTY AND SURETY COMPANY FOW/ At y t.� a,t#2.,....„ .. Jeffrey D.Sweeney,Assistant Secretary J.Douglas Browne,Senior Vice President State of California } ss. County of San Diego On January 2,2008,before me,Mary Cobb,Notary Public,personally appeared J.Douglas Browne and Jeffrey D.Sweeney,who 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 acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. I ..7,+,, MARY COBB [ c4 COMM.#1en?390 n 0 '- t:- NoTARYPUBUC-L IIAp / w- ii - My Coin' ;SnE� - • pa SEPTEIMBER 2D.2009 Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this 30 day of January 2009 . Jeffrey D.Sweeney,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT HLA LOLL•taitsfesA met.N.iocsek.s tc., HHa..L6Atcrste]tL-at...t atess.-av' .04�'3C-i.CO�AA.'tL .ftts,-+A.n47,.S..n.t Des State of California l County of I—Os Ano�e eS J}1 On Feb. I0 a0O9 before me, Cher. 1 Hudson No ctr Pub 1‘.c , Date' 1 F.-r Here Insert Narhe and Title of the Ofh r personally appeared Al b e r 1 I I • G i 0.c 0 r n a z Z t Name(s)of Signer(s) — ► who proved to me on the basis of satisfactory evidence to jrl,,_ Cammlabn! 1075421 _ � be the person($ whose name(e) is/are subscribed to the 1,.` ? PubBc-unto within instrument and acknowledged to me that n� Ceunty he/ executed the same in his/kieritheif authorized MyCamm.6cptresFeD,_202e1 sheltheq' — — — — — — — \ capacity(ie$, and that by his/her/their signature(*on the instrument the person($, or the entity upon behalf of which the person(e) acted, executed the instrument. . ^HERyL HUDSWI -"'` N C .,,,nlsalon# 1635421 I certify under PENALTY OF PERJURY under the laws • t l Nou;r N&Iic-California '� ty : � y ,_ of the State of California that the foregoing paragraph is twf comm.r. 2ofn true and correct. MY F.. .:,_ WITNESS my hand and official seal. (� Signature l/YlD/1A�/gn 4-�^- OY 1 Place Notary Seal Above Signature of Notary Public 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. Description of Attached Document 1 1 Title or Type of Document: Pa_nYyl P n 1± B O n Q Document Date: Tan u a r, 30 t 2 009 Number of Pages: Two (2 Signer(s) Other Than Named Above: M e,,Q n 6 . &c f n e s Capacity(ies) Claimed by Signer(s) Signer's Name: A l b ert' It, csi n c D m az2. Signer's Name: ❑ Individual Firs 1 ❑ Individual "Corporate Officer—Title(s): 1 irs i d ern 1 ❑Corporate Officer—Title(s): ❑ Partner—O Limited ❑ General RIGHTTHUMBPRINT 0 Partner—❑ Limited El General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER El Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: At1Gi Associates,Inc. ©2007 National Notary Association•9350 De Soto Ave..PO.Box 2402•Chatsworth,CA 91313-2402.www.NationalNotary.org Item k5907 Reorder:Call Toll-Free 1-800-876-6827 • • EXHIBIT C WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS,the CITY OF SEAL BEACH has required certain insurance to be provided by State Compensation Insurance Fund NOW THEREFORE,the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time. 1. This certificate is issued to; CITY OF SEAL BEACH, City Hall, 211 EIGHTH STREET, SEAL BEACH, CA. 90740-6379 2. The insureds under such policy or policies are: AMG & Associates Inc 3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds, as follows: POLICY EFFECTIVE DATE EXPIRATION DATE 7190002R9n7 2/1/2008 2/1/2009 71900028907 2/1/2009 2/1/2010 4. Said Policy or policies shall not be canceled, voided or reduced in coverage or limits of liability; unless and ntil thirty days' advance written notice thereof has been served upon the City Clerk of t-Airi, OF SEAL BEACH. auc_ I �. 1 .horizIlirtatrve 7 Exhibit C,Page 1 S7296-0200\107347097.6ac PATE(MDDIYYVV) pRDAC0813D,388CERTIFICA T OF7LIABILITYISNSURAI E M/ AS OF INFORMATION D F9 Colonial Western Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License Number 0E50896 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 751 Daily Drive, Suite 230 Camarillo, CA 93010 INSURERS AFFORDING COVERAGE NAIC# INSURED AMG & Associates, Inc. INSURER A' Hartford Fire Ins Co 19682 26470 Ruether Avenue INSURERS: Great American Assurance Suite 108 INSURER C' Santa Clarita, CA 91350 INSURER D. INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AMYL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSW- DATE IMM/DD/YYI DATE IMM/DD/YYI GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ PREMISS(Fa nrp,renre) CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ POLICY PRO- JECT AUTOMOBILE LIABILITY 72UECVZ1722 02/14/2008 02/14/2009 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) A X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY UMB2267512 10/30/2008 10/30/2009 EACH OCCURRENCE $ 8,000,000 OCCUR CLAIMS MADE AGGREGATE $ 8,000,000 B $ DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND O SLIMI- OTH- VVC ST ITS FR EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ ANY PROPRIETOR/PARTN CUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E .DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 10 Day Notice of Cancellation for Non-Payment of Premium `t RE: #BG0803 Fire Station Project Certificate holder is named as Additional Insured under the Auto Liability per policy form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES E CANCELLE BEFORE THE EXPIRATION DATE THEREOF,T•• UING INSURE WILL ENDEAVpR TO MAIL 30 DAYS WRITTEN• *TICE TOT E CERTIFICA E HOLDER N•/TIED TO THE LEFT, City of Seal Beach BU • c TO M y SUCH NOTI SHALL IMPOSE 0 OBLIGA ON OR LIABILITY • 211 8th Street OF ANY N�1I =�A �� ITS;GENTS ORRE•'ESENT•TIVES. Seal Beach, CA 90740 AUTHORIZE P row y ACORD 25(2001/08) ` O. ORD CORPORATION 1988 • • • IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) ■ • • EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY AMG & Associates, Inc. 26470 Ruether Ave #108, Santa Clarita, CA 91350 Name and address of named insured ("Named Insured"): Great American Assnranr.e 58n Walnut St Cinrinnati, OH 45202 Name and address of Insurance Company("Company"): 15.1.1.1.1 OFFICIAL TITLE OF PROJECT: Demolition of Existing Fire Station and Construction of New Fire Station, Project No.BG0903 Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: I. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permits) 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 Exhibit D-1, Page 1 57296.0200\1073470v7,doc ' t • • 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: City Engineer City of Seal Beach 211 8th Street, 2nd Floor Seal Beach CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: X Contractual Liability ri Explosion I-tazard Owners/Landlords/Tenants X Collapse Hazard k Manufacturers/Contractors f X'Underground Property Damage X Products/Completed Operations H Pollution Liability N Broad Form Property Damage LII Liquor Liability 4C Extended Bodily Injury U Broad Form Comprehensive P II General Liability Endorsement 12, A deductible or ^I self-insured retention (check one) of $ $5,000 applies to all coverage(s) except: (if none, so state). The deductible is applicable P per claim or per occurrence(check one). 13. This is an 5(occurrence or P claims made policy (check one). Exhibit D-1, Page 2 67296-020011073470v7.doc ' 1 •` • • 14, This endorsement is effective on 1/30/2009 at 12:01 A.M. and forms a part of Policy Number C;I P27R751 I t, Karin Bernard (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 a . 1 , 20 09 _4 � .� 1. i,.nat e o t• zed ReW W (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: (800 272-3256 Exhibit D-1, Page 3 S7296-0200\1073470v7.doc ti • • • EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR 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 (required at time of award): Business& Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. 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. Exhibit E, Page 1 57296-0200A 1073470v7.doc 1 4 • • • 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: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. LicenseNo.: 881824 Class: A & B Expiration Date: July 31, 2010 ��/� Date: Feb. 10, 2009 � Ater r Alert . _eAsmazzi, President Exhibit E. Page 2 57296-0200A1073470v7.doc 1 1T • • EXHIBIT F AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS jLabor 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: I. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7. Chapter I (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 (I) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the rccords. 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 subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. Exhibit F, Page 1 67296-0200\I 073470v7.doc Or tf • • or 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 Feb. 10 , 2009 Signature Alb- t M. eirzi, President Exhibit F. Page 2 57296-0200A1073470v7.doc ACORD CERTIFICSE OF LIABILITY INSUI INCE DATE 10 /30 K)D /YYYY) TM 10/30/2009 PRODUCER 805.388. 7130 FAX 805.388. 7138 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Colonial Western Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License Number 0E50896 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 751 Daily Drive, Suite 230 Camarillo, CA 93010 INSURERS AFFORDING COVERAGE NAIC # INSURED AMG & Associates, Inc. INSURER A: Golden Eagle Insurance Corp 26470 Ruether Avenue INSURER B: Great American Assurance Suite 108 INSURER C: Santa Clarita, CA 91350 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR A TypE OF POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSRC DATE (MM /DD/YYYY) DATE (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PR MIS ES (Ea occurrence) $ CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO- LOC JECT AUTOMOBILE LIABILITY BA8597185 02/14/2009 02/14/2010 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) A X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY A U T O OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS /UMBRELLA LIABILITY UMB1679232 10/30/2009 10/30/2010 EACH OCCURRENCE $ 3,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 3,000,000 B $ DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION WCSIAIU- OTH- AND EMPLOYERS' LIABILITY Y / N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE^ E.L. EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS 10 Day Notice of Cancellation for Non - Payment of Premium 1E: #BG0803 Fire Station Project :ertificate holder is named as Additional Insured under the Auto Liability per policy form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIB POL IES BE CANCELLED BEFORE THE EXPIRATION DATETHEREOF, THE SSUING INSURE' WILLE EAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE C'' ICATE HOLDE' NAMED TD THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE . • 1 B� j,,,, • R LIABILITY • F ANY K ND UPON THE INSURER, ITS AGENTS OR Cit y of Seal Beach R.'RESER 211 Street THORI • - E P f ` E Sell Beach, CA 90740 • ACORD 25 (2009/01) 0 1988 -2009 ACO a ORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD •