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AGMT - GCI Construction Inc. (Candleberry Ave. Storm Drain Improvement)
0 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 2118 th Street Seal Beach, CA 90740 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder 1 1 :11 1 11 1 1111111111111111111111111111111111111111111111111111111111111111111 NO FE E 200700006831611:31 am 02101107 212 50 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Space of above this line for Recorder's use. * ** No Recording Fee Pursuant to Government Code Section 6103, 27383 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: Ci of Seal B ea ch . 211 8` Street, Seal Beach, CA 90740 4. The nature of the interest or estate of the owner is; In fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on August 11, 2006 The work was: Candlebeny Avenue Storm Drain Improvements Project 50203. 6. The name of the contractor, if any, for such improvement was: GCI Construction, Inc.. The date of the Contract Award was: April 24, 2006. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Oran e, State of California, and is described as follows: Bixby Golf Course. Date: ( W0 Signature of owner or core at officer of owner named in paragraph 2 or ffis4tent. 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 1 - 2 3 , 2007, at Seal Beach, California. (Date of Signature) Dire for of Public Works BOOK II OF III CONTRACT DOCUMENTS • DOCUMENTS TO SUBMIT UPON AWARD: PUBLIC WORKS CONTRACT, PERFORMANCE BOND, PAYMENT BOND, INDEMNIFICATION AND HOLD HARMLESS, LABOR LAW REQUIREMENTS, ACKNOWLEDGEMENT OF LICENSE LAW, WORKMEN'S COMPENSATION CERTIFICATE, ADDITIONAL INSURED (COMPREHENSIVE, AUTO, EXCESS • FOR: CANDLEBERRY AVENUE STORM DRAIN IMPROVEMENT PROJECT These Contract Documents are the exclusive property of the Agency and shall not be used in any manner without prior consent of the Agency. Any reuse of these plans and specifications by Others shall be at Other's sole risk and without liability to the Agency. CITY OF SEAL BEACH - 211 EIGHTH STREET - SEAL BEACH, CA 90740 -6379 • R:\SPECS\Seai Beach. City eSCandleberry Storm Drain lmprovement\Books I, B & Ill - Contract Does flan O6).doc CONTRACT DOCUMENTS - Book B of 111 • • CANDLEBERRY AVENUE STORM DRAIN IMPROVEMENT PROJECT For CANDLEBERRY AVENUE STORM DRAIN IMPROVEMENT PROJECT,in the City of Seal Beach. THIS AGREEMENT, made and entered into this day of , 20_, by and between the City of Seal Beach, Californi•, hereinafter referred to as the "CITY," Party of the First Part, and GGI ConstruK • • I-r1L__ 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 the CANDLEBERRY AVENUE STORM DRAIN IMPROVEMENTS 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 H. 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 HI. The CITY hereby promises and agrees with said CONTRACTOR to employ and does hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same, at the time, in the manner and upon the conditions set forth in the Specifications and Contract Documents, and the said-parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids,are hereby incorporated in and made a part of this Agreement. ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE VI. By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. RASPECSLSeal Beach.City oKandleherry Storm Drain ImprovemenABooks L II&III-Contract Dom(Jan'06).doc CONTRACT DOCUMENTS—Book B of Ill 1 • S IN WITNESS WHEREOF: The Parties hereto have cau a his contract is be executed the day and year first above written. CITY O : ACH .r •IORNIA Party of BY City Manage A T: 04, Iri.41.6.z, City Clerk BY CO CTOR-Party of the Second Part as fl La nn1-- 0 t_ r" surer Title b2,m A uen o C33 stdaR.c4QiLf13 Address RISPECS1Seal Beach.City oflCandleberry Storm Drain ImprovementUtooks 1.1I&III-Contract Dom pan 136).doc CONTRACT DOCUMENTS—Book 11 of III 2 S Bond No. 08744130 PREMIUM: $2,783.00 EXECUTED IN TRIPLICATE PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded GCI CONSTRUCTION, INC. 245 FISCHER AVENUE, STE B-3 COSTA MESA, CA 92626 (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the_work described as follows: CANDLEBERRY AVENUE STORM DRAIN IMPROVEMENT 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 FIDELITY AND DEPOSIT COMPANY OF MARYLAND 801 N. BRAND BL STE PENTHOUSE, 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 ONE HUNDRED FIFTY—FOUR THOUSAND SIX HUNDRED AND NO/100 Dollars $ 154,600.00 — — — ), 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 Principals 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. R.•tSPECSteu seats.City 00C■udiebyry Sim Dnht lmprovememl9aon[n&in-0=w Dow pun meow CONTRACT uoCumENrS-1100k a or in 3 • • In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract,or of the work to be performed thereunder,or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time,alteration,addition,or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto.IN WITNESS WHEREOF,two(2)identical counterparts of this instrument,each of which shall for all purposes be deemed an original hereof,have been duly executed by Principal and Surcty, 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" GCI CONSTRUCTION, INC. FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: ■/ By: ice r��, . ', is MICHAEL STONG, AT RNEY—IN—FACT 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. RASPECSISimi Beech.City ttilCaridlobery Sturm Dcaiy lmpro ameet%Bmha L tt a lnLonuai I* pm 96yd,a; CONTRACT DOCUMENTS-Book C of m 4 . • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT re..te.zatz.ncc'.c�cser - tt.r.c<cS,ct?�c ` .arcade' .&2.&' ' -. ' .�^_�:4,'t.^r's•^ :Q-. k i. State of California 1 County of Oran e) ss. On I r lC�. q 1 aooev , before me, J E MRV.]J I- Al ( ibbli6 , y date ��--••�� Name and Title of Officer(e fig.,'Jane Doe,N to Public") ; • personally appeared T--1O\4c 1 ! 2 f IE Name(s)of Signer(s) '� personally known to me ' � t ❑ proved to me on the basis of satisfactory ,0, it evidence $! it It to be the personM whose name(,s'j is/,ire it subscribed to the within instrument and 9' I. - acknowledged to me that he/sly/they executed y, Iti ,k JANET t.RUSSELL the same in his/ber/ttaefr authorized $, 1 ti � �. Commisslon#l t3a�97 J it 1 ittANI Notary Public-California i capacit pe) and that by his/ber/t fr it Orange County signature(ej'on the instrument the person(44, or .' It -,--'` my comm.E Dec 21. the entity upon behalf of which the person(s+J ' it acted,-executed the instrument. y 1..y $ I•' WITNE S my hand and o ial seal. It 1 art-0-6( P it Place Notary Seal Above Signature of N ary Public Iv, OPTIONAL i. Though the information below is not required by law,it may prove valuable to persons relying on the document i y and could prevent fraudulent removal and reattachment of this form to another document. Iz . iz Description of Attached Document I Title or Type of Document: s' i. I. '!. Document Date: Number of Pages: 1. .i ,et, Signer(s) Other Than Named Above: ii Capacity(ies) Claimed by Signer r 'e Signer's Name: RIGHT I-II IMBPRINT It GI `;IGNER i �t, ❑ Individual Top of thumb here ,� ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑ General y: • ❑ Attorney in Fact ❑ Trustee ' '- ❑ Guardian or Conservator �� ❑ Other: y• 1. 1. Signer Is Representing: r I. $ 1. .ti ck-, , . ci.w,'%�.`�c" `c.c. c cx-T;cA.:c zt-,cZti-v=cmi ci:` .'cg.;c4. c�c-----.c---,. ,-cvcvr %L'G Race, - ,r 0 1999 National Notary Association•9350 De Soto Ave,P.0 Boo 2402•Chatsworth.CA 91313-2402•www natronalnotary org Prod No 5907 Reorder:Call Toll-Free 1-800-976-6827 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,,,,,c,crerercrercre<eye-.ercrerererer,c,e<-.c,,,,-e crc,c,ce e,c,s4 ,c,c c e c,.cr ere-e c,:c.<.crcec-.zy-z.(, ,rfx 1 pState of California ss. fi County of RIVERSIDE �, fi ), On 5/9/0(0 , before me, R. CISNEROS g elel Date Name and Title of Officer(e g.."Jane Doe.Notary Public') q p personally appeared MICHAEL D. STONG g f Name(s)of Signer(s) fi personally known to me , I] proved to me on the basis of satisfactory fi evidence g fi .6* .- R.CISNEROS COMM.#1488731 to be the person whose name is/ t= NOTARY PUBLIC-CALIFORNIA subscribed to the within instrument and g • RIVERSIDE COUNTY acknowledged to me that he/she/they executed M Comm.Ex fires June 7,2008 the same in his/fir authorized capacity(ies-), and that by his/he their q signature(,seron the instrument the person a'j or g the entity upon behalf of which the person(s7 fi acted, executed the instrument. fi WITNESS my hand and offici I seal. !z, IS fi Place Notary Seal Above Signature of Notary Public g, fi 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. PDescription of Attached Document Ag fi Title or Type of Document: fi Document Date: Number of Pages: ;Ai fi Signer(s) Other Than Named Above: Ag Capacity(ies) Claimed by Signer r Signer's Name: RIGHTTHUNEPRINT R OF SIGNER` ❑ Individual Top of thumb here fi ❑ Corporate Officer—Title(s): t, • ❑ Partner—❑ Limited ❑General p� fi ❑ Attorney in Fact fi ❑ Trustee P ❑ Guardian or Conservator ❑ Other: P PS, L., Signer Is Representing: ©1999 National Notary Association•9350 De Soto Ave..P 0 Box 2402•Chatswonh.CA 91313-2402•www nadonalnotary org Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827 • BOND NUMBER 087430 PREMIUM INCLUDED IN PERFORMANCE BOND EXECUTED IN TRIPLICATE PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded to GCI CONSTRUCTION, INC. 245 FISCHER AVENUE, STE B-3 COSTA MESA, CA 92626 (Name and address of Contractor) • ("Principal"),a contract(the"Contract")for the work described as follows: CANDLEB ' •Y AVENUE STORM DRAT N M►PROVEMENT PR*JECT • WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law. NOW,THEREFORE,we,the undersigned Principal,and FIDELITY AND DEPOSIT COMPANY OF MARYLAND 801 N. BRAND BL STE PENTHOUSE, 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 ONE HUNDRED FIFTY—FOUR THOUSAND SIX HUNDRED Dollars ($ 154,600.00 — — — — -) this amount being not less than fifty percent (50%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves,our heirs,executors,administrators,successors,and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal,his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond;otherwise, this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond,Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the court, FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract,or of the work to be performed thereunder,or the specifications for RAVICAW Beach,CLy anCsndlobonv Sioem Drain ImpmvmaanfBOakl i.ti d<IlhConma Deo OM U6).doc CONTRACT DOCUMENTS—ams u of m 5 • • 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(H)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 GCI CONSTRUCTION, INC. FIDELITY AND DEPOSIT COMPANY OF MARYLAND N. By: /�,.-,ii■ By J fib ' i — Trauofe.r MICHAE'0 4. STONG, A RNEY—IN—FACT 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. IMPBCSlSea1 Hugh.City oflCwdlebamy SmM,Drain bump vamenI ooka in&tU-Convnct Dom Don 96)-doc CONTRACT DOCUMENTS-Book C or In 6 • • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r - — -- — — s&e.C.(s K & ",::4 l' I` State of California I' ss. v County of sOrz I. On Ma CI 1 RCO4P , before me, Ja 111.1 �Ru1J!' A1Ula( T�/kl) 1 'Date Name and Title of Officer(e g,'Jane Doe,NI Public") tO a 112.0.1- personally appeared r • 1 Name(s)of Signer(s) ■ R .personally known to me El proved to me on the basis of satisfactory evidence r fc to be the person() whose name( ). is/ore 'e subscribed to the within instrument and ~ _. . acknowledged to me that he/she/they executed ,o, 1k y L._, L.RUSSELL the same in his/tier/0 elr authorized o, Commleaon 0 1624297 IP, r --`_. capacity(jae), and that by his/tier/t lr v -cam i 1y .,.?.--,,% . "3,,,-Iii QnsntpCola* signature(aron the instrument the person(.e', or 1, v the entity upon behalf of which the person(s+j'• l� acted, executed the instrument. It I•' WITNESS my hand and icial seal. I� ( 1a!LQ.Y-e7 :' ,/ I Ii, Place Notary Seal Above na of .to Public I I•, ,e OPTIONAL 1• 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. it 1• Description of Attached Document I Title or Type of Document: 1•' ' Document Date: Number of Pages: IP It Signer(s) Other Than Named Above: I. ' i i Capacity(ies) Claimed by Signer '` Signer's Name: RIGHT-I HI IMBPIRINT It VI SIGNI=f: • ❑ Individual I• Top of thumb here it ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑ General r I• ❑ Attorney in Fact I ❑ Trustee r ❑ Guardian or Conservator IQ $ ❑ Other: k Signer Is Representing: .1 I. $ 1• A.. ` R;' R.`C(.`f✓;:CR `i.;' "":'C`(-Z )C 'C;c ,----ti`GC7C.'v'RX,''R-•C—T-.R.) 'CCk;'e,V=t.`C(V —' — 'Ct)CC.:r:Cc;O;.Z: 4;C•R`CR."C•T;:lR2YJ, O 1999 Nations!Notary Association•9350 De Solo Ave.PO Box 2402•Chatsworth.CA 91313-2402•www.natonalrotary.org Prod No 5907 Reorder Call Toll-Free 1-800-976.6827 • • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rcc - - oy Ag P p State of California fi ss. County of RIVERSIDE fi S On .-/v/aci , before me, R. CIS NEROS Date Name and Title of Officer(e g.."Jane Doe.Notary Public") fipersonally appeared MICHAEL D. STONG q <5 Name(s)of Signer(s) S M personally known to me ❑ proved to me on the basis of satisfactory evidence R.CISNEROS to be the person%whose name is/v( y COMM.#1488731 subscribed to the within instrument and fi 6 ;�LM PC CALIFORNIA acknowledged to me that he/she/they executed EE COUN Comm.Expires June 7,2008 the same in his/kw/their authorized S capacity(ies•), and that by his/hefitl.reir q signature(se'on the instrument the person.(( or p> the entity upon behalf of which the persons g, acted, executed the instrument. WITNESS my hand and official seal. ?� fi g, Place Notary Seal Above Signature of Notary Public fi g Pi. OPTIONAL r� Though the information below is not required by law, it may prove valuable to persons relying on the document Li and could prevent fraudulent removal and reattachment of this form to another document. Li fi fi Description of Attached Document Title or Type of Document: g Document Date: Number of Pages: 8 fi Signer(s) Other Than Named Above: ph Capacity(ies) Claimed by Signer f r Signer's Name: RIGHT THUMBPRINT ! P ❑ Individual OF SIGNER" ` Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General • ❑ Attorney in Fact P ❑ Trustee ❑ Guardian or Conservator K ❑ Other: g e, • Signer Is Representing: e ®1999 National Notary Association•9350 De Soto Ave..PO Box 2402•Chatsworth.CA 91313-2402•www.nationalnotary org Prod No 5907 Reorder Call Toll-Free 1-800-876-6827 • 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President,and ERIC D.BARNES,Assistant Secretary, in pursuance of authority granted by Article V1,Section 2,of the By-Laws of said Company, . pare set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date e•a1 •{: by nominate,constitute and appoint Michael D.STONG,of Riverside,California, its true and tI•• o •- ccar Fact,to make,execute, seal and deliver,for,and on its behalf as surety,and as its act .,'; •' . U P : l • ; r takings,and the execution of such bonds or undertakings in pursuan : +"' .rt.-- ,s s�•n ---�y •oon said Company,as fully and amply,to all intents and purposes,as if th- i, y+ 7 \ xe t 1 - -.ged by the regularly elected officers of the Company at its office in Ba r u s a heir 6,4•1201 r;k . This power of attorney revokes that issued on behalf of Michael D +c to• a •ar 1 oi'jsaw The said Assistant c - . •o:lytl V". ghat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- ,;�• j •.t yC•-I•1any,and is now in force. IN WITNESS W 1 ' OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of August, A.D.2004. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp 9EPpsIr -. ‘P.1141. c, N. 10 P �+ ..w 3 CI, ec;,<- 2), 7)74A.f*- if-/b.(//VW By: / Eric D.Barnes Assistant Secretary William J. Mills Vice President State of Maryland 1 ss: City of Baltimore f On this 19th day of August, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 4',es a Hoot, ittiavak0fr 42/t74''t —. Dennis R. Hayden Notary Public My Commission Expires: February 1,2009 POA-F 012-0629 S • . . • EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this q74 day of Assistant Secretary • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION CANDLEBERRY AVENUE STORM DRAIN IMPROVEMENT PROJECT Indemnitor(s)(list all names): —�•� GS-1 COnS+Ilaii9Seni To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities,claims,demands,causes of action,proceedings,expenses,judgments,penalties,liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively"Liabilities"),arising or claimed to arise,directly or indirectly, out of,in connection with,resulting from,or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license,or permit(the"Agreement")or the performance or failure to perform any term,provision,covenant,or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an 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 attorney's 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" d Name �I . D ._ i °� Name: d �Q /1 ljuip■ By B • Its !,- k is '�lJ r 1r ur j— R:\SPECS\Seal Beach.City ol\Candleber,y Storm Drain Improvement\Books I.B&IlI-Contract Does(Jan'06).doc CONTRACT DOCUMENTS—Book II of III 7 • • . AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code§§ 1720,1773.8,1775,1776,1777.5,1813,1860,1861,3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: • 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720)of the California Labor Code relating to public works and the awarding public agency ("Agency")and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcon-tractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2,Part 7,Chapter 1,Article 3 of the California Labor Code. • 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." -40." Date Mat1C1)c�F J O Signature s% �� JJ ` • -3/02rees R:ISPECS\Seai Beach.City oflCandk berry Storm Drain Improvement\Books L 11&III-Contract Docs pan'06).doc CONTRACT DOCUMENTS—Book II of 111 8 • • 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 hid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104[now§20103.5]of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months,or both. In the event the person performing the contracting work has 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. (t) Any compliance or noncompliance with subdivision(e)of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section,a telephone response by the board shall be deemed sufficient. Public Contract Code§20103.5: R:ISPECSwSea1 Beach.City of Candieberry Storm Drain ImprovemenABooka 1.I1&I11-Contract Does pan'06).doc CONTRACT DOCUMENTS—Book II of III 9 • • 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.:'755 �(0 Class: A , Expiration date: 10-3/-0(o Date Maifil p Signature 711"4 a R:\SPECS Seal Beach.City otCandleberry Storm Drain Improvement\Books I.II&III-Contract Dots(Jan INS).doc CONTRACT DOCUMENTS—Book II of III 10 • • INSURANCE REQUIREMENTS FOR CITY OF SEAL BEACH PUBLIC WORKS CONTRACT LIABILITY INSURANCE The Contractor shall at all times during the terms of the Contract carry, maintain, and keep in full force and effect a policy or policies of comprehensive general liability insurance in which the City, along with its City Council and each member thereof,and every officer,official,agent,attorney, employee or volunteer of the City,is the named insured or is named as an additional insured with the Contractor in accordance with Section 7-3 of the Standard Specifications. The insurance company issuing such policy(ies) must be acceptable to, and approved by, the City Engineer and City Attorney. Contractor shall maintain limits of no less than One Million Dollars ($1,000,000) combined single limit coverage per occurrence for personal injury or death or property loss or damage which may arise from or relate directly or indirectly to the acts,operations or omissions of the performance of the Contractor and/or its subcontractors and/or the employees, agents, officers, officials or volunteers of either, in the performance of this Public Works Contract. Such insurance shall include coverage for all automobiles utilized by Contractor's or any subcontractor's employees or agents in the performance of the Contract. Contractor shall also provide an endorsement in substantially the form set forth below. • ENDORSEMENT IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SEAL BEACH, ITS CITY COUNCIL AND EACH MEMBER THEREOF, AND EVERY OFFICER, OFFICIAL, AGENT, EMPLOYEE OR VOLUNTEER OF CITY SHALL BE NAMED AS JOINTLY AND SEVERALLY INSURED AS RESPECTS CLAIMS ARISING OUT OF THE FOLLOWING PROJECT: CANDLEBERRY AVENUE STORM DRAIN IMPROVEMENT PROJECT IT IS FURTHER AGREED THAT THE FOLLOWING INDEMNITY AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE NAMED INSURED IS COVERED UNDER THE POLICY: CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS CITY COUNCIL AND EACH MEMBER THEREOF AND EVERY OFFICER, OFFICIAL, EMPLOYEE, ATTORNEYS, AGENT, AND VOLUNTEER OF CITY FROM AND AGAINST ANY AND ALL LIABILITY OR FINANCIAL LOSS RESULTING FROM ANY SUITS, CLAIMS, LOSSES OR ACTIONS BROUGHT AGAINST, AND FROM ALL COSTS AND EXPENSES OF LITIGATION BROUGHT AGAINST, CITY, ITS CITY COUNCIL AND ANY MEMBER THEREOF, AND ANY OFFICER, OFFICIAL, EMPLOYEE, AGENT, ATTORNEY OR VOLUNTEER OF CITY WHICH RESULTS, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY WRONGFUL OR NEGLIGENT ACT OR OMISSION OF CONTRACTOR OR ANY SUBCONTRACTOR, OR AN OFFICER, EMPLOYEE OR AGENT OF EITHER, OR ANYONE FOR WHOSE ACTS ANY OF THESE MAY BE LIABLE,WHILE ENGAGED IN THE PERFORMANCE OF THIS CONTRACT, EXCEPT WHERE SUCH LIABILITY OR LOSS IS SOLEY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY. THE INSURANCE COVERAGE SHALL APPLY SEPARATELY TO EACH INSURED AGAINST WHOM A CLAIM IS MADE OR SUIT IS BROUGHT, EXCEPT THAT THE INCLUSION OF MORE THAN ONE INSURED SHALL NOT OPERATE TO INCREASE THE LIMITS OF THE COMPANY'S LIABILITY. THE INSURANCE COVERAGE SHALL NOT BE SUSPENDED, VOIDED, CANCELED, REDUCED IN COVERAGE OR IN LIMITS, OR OTHERWISE MATERIALLY CHANGED, UNLESS THIRTY (30) DAYS ADVANCE WRITTEN NOTICE BY CERTIMED MAIL/RETURN RECEIPT REQUESTED HAS BEEN GIVEN TO THE CITY. THE INSURANCE COVERAGE PROVIDED BY CONTRACTOR AS SET FORTH HEREIN SHALL BE PRIMARY INSURANCE WITH RESPECT TO THE CITY, ITS CITY COUNCIL AND ANY MEMBER THEREOF, AND ITS OFFICERS, OFFICIALS, ATTORNEYS, AGENTS, EMPLOYEES AND VOLUNTEERS. ANY INSURANCE OR SELF-INSURANCE MAINTAINED BY THE CITY, ITS CITY COUNCIL OR ANY MEMBER THEREOF, OR ITS OFFICERS, OFFICIALS, ATTORNEYS, AGENTS, EMPLOYEES AND VOLUNTEERS SHALL BE IN EXCESS OF THE CONTRACTOR'S INSURANCE AND SHALL NOT CONTRIBUTE WITH IT. INSURER WAIVES ANY RIGHT OF CONTRIBUTION WITH SUCH OTHER INSURANCE WHICH MAY BE AVAILABLE TO THE CITY. INSURER WANES ALL RIGHTS OF SUBROGATION FOR LOSSES AGAINST THE CITY,ITS CITY COUNCIL OR ANY MEMBER THEREOF OR ITS OFFICERS,OFFICIALS,AGENTS,EMPLOYEES AND VOLUNTEER. R:GSPECS\Seal Beach.City oflCandleherry Storm Drain Improvement\Books I.II&III-Contract Does(Ian'06).doc CONTRACT DOCUMENTS—Book II of In 11 • • Page Intentionally Left Blank R:\SPECS%SeaI Beach.City ofCandleberry Storm Drain Improvement\Books I,II&III-Contract Docs(]an')6).doc CONTRACT DOCUMENTS—Book II of III 12 05/04/2006 11 :28 FAX 714540110 GCI CONSTRUCTION • fJ007/014 WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS,the CITY OF SEAL BEACH has required certain insurance to be provided by GCI CONSTRUCTION, INC. NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same 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: REDWOOD FIRE & CASUALTY COMPANY 3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds,as follows: POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE W633-6113 03/17/2006 03/17/2007 4. Said policy or policies shall not be canceled, voided or reduced in coverage or limits of liability, unless and until days'advance wri/�en noti thereof has been served upon the City Clerk of the CITY OF SEAL BEACH. By/ �,l 1,/����-f It•'s Authorized Represent") RASPE Sel Bonk Cllr aftCanclleben,Sarm Dodo ImprovooanMooko 1.11 4111-12omrsei Don(Ion INIkinc COMIC?DOCUMENTS-Book Il of to 13 05/04/2008 11 :29 FAX 71454O11e GCI CONSTRUCTION Z008/014 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY GCI CONSTRUCTION, INC. 245 FISCHER AVENUE, STE. B-3, COSTA MESA, CA 92626 Name and address of named insured("Named Insured"): SCOTTSDALE INSURANCE COMPANY P.O. Box 4110, SCOTTSDALE, AZ 85261 Name and address of Insurance Company("Company"): CANDLEBERRY AVENUE STORM DRAIN IMPROVEMENT 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 and/or hold harmless provision(s)contained in or executed in conjunction with the written agreements)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 R1Spsc5i5 I BO.ob,City onCGadle!>zry Slone Drain Impm,e 600to C n&If-Coatren voce Pen 136141K CONJ ACI'D= WM'S-Doak p cl 10 14 05/04/2008 11 :29 FAX 714540110 GCI CONSTRUCTION a 009/014 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 OP THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY GENERAL LIABILITY 04/01/06 — 04/01/07 $2,000,000 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: Z Contractual Liability 19 Explosion Hazard at Owners/Landlords/Tenants E Collapse Hazard Z Manufacturers/Contractors 19 Underground Property Damage Z Products/Completed Operations E Pollution Liability Broad Form Property Damage ❑ Liquor Liability al Extended Bodily Injury ❑ 6t Broad Form Comprehensive ❑ at General Liability Endorsement p 12. A (it deductible of ❑ self-insured retention (check one) of$ 10,000 applies to all coverage(s)except (if none,so state). The deductible is applicable❑per claim or a per occurrence(check one). 13. This is an 1d occurrence or❑claims made policy(check one). 14. This endorsement is effective on 05/05/2006 at 12:01 A.M. and forms a part of Policy Number, BCS0012603 I, RR 1)_ S'.LT RR (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 MAY 5 ,2006 Signature thor. d Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: (714 ) 665-9800 RAMESISed Ben*City D C.edrot ony Btono Oran Ingtm.ennAl oola 1.11 a m.cemnat oov Om'SEWN CONTRACT DOCUMENTS-ruck A e1111 15 05/04/2006 11 :29 FAX 714540110 GCI CONSTRUCTION • el010/014 ADDITIONAL INSURED ENDORSEMENT GCI CONSTRUCTION, INC. AUTOMOBILE LD'� 245 FISCHER AVENUE, STE. B-3, COSTA MESA, CA 92626 Name and address of named insured("Named Insured"): LINCOLN GENERAL INSURANCE CO. P.O. BOX 3709 YORK, PA 17402-0136 Name and address of Insurance Company("Company"): CANDLEBERRY AVENUE STORM DRAIN IMPROVEMENT 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. 1. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages • provided by the Policy. 2. Each insurance coverage wider the Policy shall apply separately to each Additional Insured against 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 permits) designated above,between the Named Insured and the Additional Insureds, 5. The policy to which this endorsement is attached shall not be subject to cancellation,change in coverage,reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency,by certified mail, return receipt requested,not less than thirty(30)days prior to the effective date thereto, In the event of Company's failure to comply with this notice provision,the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. • 6. Company hereby waives all tights 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 R.SFec Sml kirk CAy onCandleyary Swim Drain 1nwTheoaad1&pk/1.a&ai•Coalna Dam flan b0.dee cor+rxeer aOCUME rs-Banta firm 16 05/04/2006 11 :30 FAX 7145401, GCI CONSTRUCTION 16011/014 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 OP THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY AUTOMOBILE LIABILITY 04/01/06 — 04/01/07 Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Any Automobiles ❑ Truckers Coverage IX All Owned Automobiles ❑ Motor Carrier Act X Non-owned Automobiles ❑ Bus Regulatory Reform Act IX Kited Automobiles ❑ Public Livery Coverage DC Scheduled Automobiles ❑ 0 Garage Coverage ❑ 11. A XXdeductible or ❑ self-insured retention (check one)of$ 1,000 applies to all coverage(s)except: NONE (if none,so state). The deductible is applicable XI per claim or❑per occurrence(check one). 12. This is an El occurrence or❑claims made policy(check one). • 13. This endorsement is effective on 05/05/06 at 12:01 A.M. and forms a part of Policy Number 6310002686 I, BRYAN D. SELTZER (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 MAY 5 20 06 siifre of oortze�Re s n tive �11fth 6� Pn (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( 714) 665-9R1)(L Ri9PBC$'Sal eeaiti City oiCandiaeorry swage Drab Iislnomm nfiSookt L 11 a m.Conna Doge Om 16),am CONTRACT DOCUMENTS-Hook H of m 17 • 05/04/2000 11 :30 FAX 7145401. GCI CONSTRUCTION • 12012/014 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY GCI CONSTRUCTION, INC. 245 FISCHER AVENUE, STEB-3, COSTA MESA, CA 92626 Name and address of named insured("Named Insured"): AMERICAN INT"L SPECIALTIY LINES INS CO. 70 PINE STREET, NEW YORK, NY 10270 Name and address of Insurance Company("Company"): CANDLEBERRY AVENUE STORM DRAIN IMPROVEMENT 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: I. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims,i.e.,in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnifica-lion 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,rerun receipt requested,not less than thirty(30)days prior to the effective dare 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. RASPEMSad Pack chy oncindbearry Seom Oran impra.enrmintym,t.n a ne.Cooeram lee,u.n 106).d00 amrxAcr tmcuwmxrs-&u r n erm 18 05/04/2008 11 :30 FAX 7145401* GCI CONSTRUCTION • la 013/014 9. This endorsement and all notices given hereunder shall be sent to Public Agency at Director of Public Works City of Seal Beach 211 8th Street Seal Beach CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY EXCESS LIABILITY 04/01/06 — 04/01/07 ❑ Following Form • CI Umbrella Liability 11. Applicable underlying coverages: INSURANCE COMPANY POLICY NO. AMOUNT $ 4,000,000 BE7412375 12. The following inclusions,exclusions,extensions or specific provisions relate to the above coverages; 13. A ❑ deductible or 3 self-insured retention(check one) of$ 10,000 applies to all coverage(s)except k e+r (if none. so state), The deductible is applicable❑per claim or[3tper occurrence(check one). 14. This is an lgi occurrence or❑claims made policy(check one). 15. This endorsement is effective on 05/05/06 at 12:01 A.M. and forms a part of Policy Number BE7412375 BRYAN D. SELTZER (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 y= 20 06 ' AG 1 Signature of Authorized sentative • (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( 714) 665-9800 A-MNV-C5}9aal Dosch.City aNCtudItheny St=Dian lmpovoommlaoaka L a it m-Ceeuet Dona Wu D6l.uoa CONTRACT DOCUMENTS—Boole D of m 19 • ••••••.:•• . ' :::•-. ..''''•:— •.::::::::.: •••::.s.:••: '...].•:••::::':•;:•••""::":":":•::%:::•:.%:::::::::::::•:-:.::: •:.x.....::::1P.1:.:;:::::;:::••: ":•:::„.-•::::,5::•.:..\.::::::::::::::::::::"'' '' --- -•.- • ACOR Er CERTIFICATE% F.LIABILITICINSURANCE.N:::-.iqak. Ill Date(mm/dd/yy) x'... !..:..........cak,:-.7.::-„...,:::: -t/152.:-. . Raga-?..:-,--%,,,:ft.x.C. FigV„......:k.:i...N*: :::::::...% 1 /0 /06 ProSierar (714) 665-9800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Seltzer Insurance Service ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 140 Centennial THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE Tustin, Ca 92780 COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Company Scottsdale Insurance Company A NATIONWIDE GROUP Company Lincoln General Insurance Company Insured GCI C002-ATS B GCI Construction, Inc. Company CME( Inc. American International Specialty Pacific Equipment, L.L.C. C Lines Insurance Company CAIG) 245 Fischer Ave. Suite B-3 Company D = Redwood Fire & Casualty Co Costa Mesa CA 9262_6 D E = Fireman' s Fund Insurance Co COVERAGES : %::•••::: '. • " -.i.....: :.:.: ...::.:..:.'•::-:.::::::"i ...:;.::::.:::*.--::::::::::::.::::•:':::-::.:::::.::::::.::';';'• ::::::.:::. ..::-:1;'::::-.•'-:-::: -.:::. :::...•:•:: .... ""-::i::::. .':........" .:::-:..'. '. ..- -: ".•:.....f....::....:::• . .....::::•:•:::::"..• ••:::•:. :.•:-"•••••••.:•.•.::•.•:.••• ' ,::::::::::::::"::.:•..:::::•:::•:.::::•:•••:"•• :::%:::::-.:••::::::::"-*•..":,:x •:•":.••::•::•••••••••:-. s::::::• ...:•:•.::* .::::::::::•: •:•••: .'..' " ....•• :.: • . • :*.: •:•:••••**•.:.•.-:.• •••• :-..,.:•:....:•.•:.:. •• :::::••:•-::::••..•••:•:•.•:•:::;•::•::.• • -•:::•:::.•.••:•:•::•:•....-• %.::: :.:••••::::•.••,:••• : z:::::, :.••:•:•:. .....,:.::, . . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS LTR DATE DATE E N E R A L LIABILITY General Aggregate $ 2. 000, 000 A V Commercial General Liability BCS0012603 04/01/06 04/01/07 Products-Completed Ops Agg $ 2 . 000. 000 'Claims Made glOccur Personal&Advertising Injury $ 1. 000. 000 L.Owner's&Contractor's Protective • • • 4 • • In• o. a • Each Occurrence $ 1.. 000. 000 Fire Damage(any 1 fire) S 100. 000 Medical Expense(any one person) 8 - • AUTOMOBILE LIABILITY B Any Auto 6310002686 04/01/06 04/01/07 Combined Single Limit $ 1. 000, 000, All Owned Autos Bodily Injury i Scheduled Autos (per person) Hired Autos Bodily Injury Non-Owned Autos (per accident) Comp/Coll Ded $ 1, 000 Property Damage S S GARAGE LIABILITY Auto Only-Eacg Accident $ Any Auto Other Than Auto Only Each Accident S Aggregate $ EXCESS LIABILITY Each Occurrence $ 4, 000, 000 C 1UmbrellaForm BE7412375 04/01/06 04/01/07 Aggregate S 4. 000. 000 Other Than Umbrella Form RETENTI•N 0. 0_00 s WORKERS COMPENSATION 8 IStatutory Limit 100ther D EMPLOYERS' LIABILITY W633-6113 03/17/06 03/17/07 EL Each Accident $ 1. 000, 000 The Propnetor/ tive Inc] EL Disease-Policy Limit $ 1. 000, 000 Partners/Execu Officers are: 1 Excl EL Disease-Ea Employee S 1. 000, 000 OTHER E IM / Equipment MXI98401780 04/01/06 04/01/07 SCh Limit $550, 000 LeasedjHired/Ren Limit $150, 000/$5, 000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS The City, its elected officials, officers, attorneys, agents, employees and voluneteers are named Additional Insured(s) as per attached city endorsements as required by contract with respect to Candleberry Avenue Storm Drain Improvements - Project 50203 Job #220 _•E F••••.T:::::..iF.:•-..IC A; .. .. LD E'''R....:. .-........",..".''•':':'. ,'''::.::...:::''.'.''':':.""..".......... ....,..•:.•::•...:::::..:. C.:.AN....P' ELL.••.:AT.-IoN'-,.:::.-•:':,'::::::--:-..••-.„..:.•..•..:-....•:.-::::-::::--.-.... .'.-........-...... .''.'':....--::,.:-,• • '..... • .-:::: :::-: .• •:•::. :-.:'''' :.:.:•:'..:,.....:•.••• ••••. ••• • . : 179 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL E1101111111111 MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, The City Of Seal Beach Director Of Public Works 211 8th Street 19!!!Vmsemative Seal Beach, CA 90740 / ' :•:.:• .- ..-"::,..•:-.•. -- "::::2:.:....... -:::-::::.:::::::.:::.:,.. .%:.'..:::::::::..::'.•• ::::..::.,....,..i ...:. :::::::::::::•..r......., :.::•:': :: :.:''.•.:::::-::•: .•'*.k ::::: ::: .. ::::- "";'''''''''''''' .5-•:::•:"::" ... • . ..•• AcoFib 25-S:(61"PSB)-:::::::-/— ./ :-: : ............:•: -...:•.. .:- - ..i*;:::iiiiuififiai,VIsiotialtic ......•%:::-:-:::-....::::.:::........%:::::.:::::::.••:.::.:,•:.:::,..:••'...,;.•:10ADORD:.DORPORATION.1988 - - , .. .. .. ..-... :: -z ":".-- --- , -- :- ---:: -•:-........:. :. ....::-.F4.::.: ...:%," .....:,....."-,.. . ..i. f:: ".... .... ..:...: • ........ . ... .,:n.X.:..