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Home My WebLink AboutAGMT - Kana Pipeline, Inc. (Lampson Ave Well) -tile \iv/ coni cic-e- /`/5 t. • • REQUESTED BY Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder AND WHEN RECORDED MAIL TO 1111111111111111111111111111111111111111111111111111111111111 NO FEE 2010000584574 10.05 am 11/04110 CITY OF SEAL BEACH 143 414 N12 1 Attn: City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 211 - 8th Street Seal Beach, CA 90740 Space of above this line for Recorder's use. f *** No Recording Fee Pursuant to Government Code Section 6103, 27383 **** I NOTICE OF COMPLETION tuI 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. 5_A_work.of-Improvement.on-the.property_hereinafter is.described.as.substantiaally_n_ompleted.nn .__ - ._ ._-- October 1, 2010. The work was Lampson Avenue Well Phase II - Offsite Water and Sewer Project#WT0903. 6. The name of the contractor, if any, for such improvement was: Kana Pipeline, Inc. The date of the Contract Award was April 26, 2010. 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: Lampson Avenue between Basswood Avenue and Heather Street, Seal Beach;California 90740. Date: l o I1 S)r0 Signature of owner or corporate offic' 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. . Executed on 10I� , 2010, at Seal Beach, California. (Date of Signature) / _ - . . Director of Public Wo, s n, AN AGREEMENT FOR LAMPSON AVENUE WELL PHASE II - OFFSITE WATER AND SEWER PIPE CIP NO. WT0903 • between SEA B , f '� y. s eFR 27 NT Y, t - City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 • Kana Pipeline, Inc. 1639 E. Miraloma Avenue Placentia, CA 92870 p -714- 986 -1400 THIS AGREEMENT is made and entered into this 26th day of April, 2010, by and between the City of Seal Beach, a California charter city ( "City "), and Kana Pipeline Inc., a Corporation ( "Contractor "). Exhibit F, Page 1 S7296-0200\1 073470v8. doc • • RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Lampson Avenue Well, Phase II — Offsite Water and Sewer Pipe, CIP No. WT0903 ( "Project ") with respect to design criteria; and B. WHEREAS, Contractor has submitted a bid to City for the Project dated April 8, 2010 in the amount of $753,540 ( "Accepted Proposal" hereinafter). The Accepted Proposal is attached hereto as Exhibit G and contains, among other things, provisions defining the 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 1.0 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. Exhibit F, Page 2 S7296-0200\1 0734 70v 8. d oc • 2.0 Effective Date. This Agreement is effective as of April 26, 2010 (the "Effective Date "), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 3.0 Payment. For performing and completing the work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefore, the amount of $753,540, 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. 4.0 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 alleged violations of 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. Exhibit F, Page 3 S7296-0200\1 073470 v8. do c • • 5.0 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 "Indemnities ") free and harmless from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim;" collectively, "Claims "), 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 Indemnities. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnities 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 Indemnities, 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 or Indemnities. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable. 5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1, Contractor shall reimburse the City for all attorney fees and costs incurred by City in connection with, arising out of or incident to any bid protest. 5.3 City's Sole Negligence. Nothing in Section 5.1 shall be construed to require Contractor to indemnify Indemnities for that portion of any Claim to the extent arising from the sole negligence or willful misconduct of the Indemnities. 5.4 Nonwaiver of Rights. Indemnities 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. 5.5 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 Indemnities, 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. 5.6 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 Indemnities may have under the law. Payment is not required as a condition precedent to an Indemnities' right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnities' right to recover under this indemnity provision. Exhibit F, Page 4 S7296 -0200\ 1073470v8.doc • • 6.0 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 and professional negligence which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subconsultants. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 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 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured— Owners, Lessees or Contactors (Form B). 6.2.4 Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.2.5 Professional Liability Insurance. Contractor shall provide to City the standard form issued by the carrier. 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 occurrence for bodily injury and property damage. Exhibit F, Page 5 S7296-0200\1 073470v8.doc • • 6.3.3 Employer's Liability: $1,000,000 per occurrence 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 except with respect to any professional liability insurance. 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 or agency officials, are to be covered as additional insured 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, employees, designated volunteers or agents serving as independent contractors in the role of city or agency 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 or agency 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 or agency 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, except for any professional liability 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 or agency 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 coverage 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 Exhibit F, Page 6 57296- 0200 \1073470v8.doc • • 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. 7.0 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 $750 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 the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8.0 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. 9.0 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 of Seal Beach - City Clerk 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: Kana Pipeline, Inc. 1639 E. Miraloma Avenue Placentia, CA 92870 Telephone: 714- 986 -1400 Fax: 714- 986 -1417 Exhibit F, Page 7 S7296-0200\1 073470 v8. doc • 10.0 Non - Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11.0 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. 12.0 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 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. 13.0 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. 14.0 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. 15.0 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. (Intentionally Left Blank) Exhibit F, Page 8 57296 -0200\ 1073470v8.doc • 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 CONTRACTO By: By: — 2o cv David N. Carmany, City Manager Name: Daniel Locke Title: President Attest: (\ BY: /Yf, , 1. RAI/ �i�U By: in a Devine, City Clerk Name: Mark B u1, Title: Estimator Approved as to Form: By: C Ui' uinn M. Barrow, City Attorney Exhibit F, Page 9 S7296 -0200\ 1073470v8.doc • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT eh. .er:4-wn. '.ter. >,eocacI.cca7 - SYc'.c-'r` ieja< rccerra `:e<W, weS s State of California r 1 County of lam// �hCiC J} i KQOn April 14, 'ID before me, 1 tte_e' �P n I�h'21rYWLt * /Q)a� 1h(bJ Oat, 1 ' Here Insert Name and Title of lee Olfic9i personally appeared Pantie A ALIT/ p Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personXwhose name(is/9Esubscribed to the within instrument and acknowledged to me that A A. A A A,A--&-(‘-e1/4-A A A A A. he/ape9 executed the same in his/h€ it authorized KELLEE JEAN SMITH-RAMELOT r capacity(, and that by his/F't}beff signature on the IT e COMM. #1829630 n instrument the person(�!or the entity upon behalf of V I NOTARY PUBLIC-CALIFORNIA which the person($ acted, executed the instrument. to g ORANGE COUNTY t0 /' MY Comm.Expires Jan_06.2013 yyy •-y ,1 `.r `-vv-V V I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS y -r:n. . f. of�;ai Signa - A / .. A eon r 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 0 �/ lain/WV' fin//f� / bit p Title or Type of Document: ifit t e -3G at nu c / / 1J�1 ��n// Document Date: T\(/)J I 14, 2O I D J /Number of Paa1ges: Lx h I t�� 1 F 1 Gu e 9 Signer(s) Other Than Named Above: 1 t 161 (A I— C2Sh m�11� U Capacity(ies) Claimed by Signer(s) Signer's Name: anI e( la IC S•ner's Name: ❑ Individual al - ❑ Ins. .•ual X Corporate Officer—Title(s): 1 - • 4— ❑Corporate s icer—Title(s): D. Partner—❑ Limited ❑ General RIGIITTHUMBPRINT ❑ Partner—❑ Lim -• ❑ General RIGHT.THUMBRRINL ❑ Attorney in Fact .'•-'',CIFSIGNER:crc ❑ Attorney in Fact OESIGNER' ❑ Trustee op of thorn hero ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Con - vator ❑ Other: ❑Other: Si ner Is epresenting: _ Sign-. s Representing: KImmpeI1"- 1 1 . s.w w-a w-n-.-Y,-•. _ _ s..-a--e--e.-r w a-_ a--w-- w--✓_w-y-•--a--r a- 02007 National Notary Association-9350 Oe Solo Ave.,PaBoa 2402-Chatsworth,CA 91313-2402•www.NationalNolary.org Item 45907 Reorder:Call Toll-Free I-800-876-6827 ill • '``x°12° DATE(MM /DD /YYYY) CERTIFICATE OF LIABILITY INSURANCE 05/04/2010 PRODUCER Aon Risk Insurance Services West, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY fka Aon R i sk Sery i ces, Inc . of S CA AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 1901 Mai n Street CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE Su i to 300 COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine CA 92614 USA - Pxorve -(949) 608 -6300 FAX (949) 608 -6459 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: National Union Fire Ins Co of Pittsburgh 19445 •• L Kana Pipeline, In INSURERB: Travelers Property Cos Co of America 25674 , °' 1639 E. Miraloma Ave. Placentia CA 92870 USA INSURER C: Travelers Indemnity Co Of Ct 25682 CU .. INSURER D: L O INSURER E: • 6 COVERAGES SIR applies per terms and conditions of the policy 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 WI-IICH 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. LIMITS SHOWN ARE AS REQUESTED INSR ADD'L LTR INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MM /DD /YYYY) DATE(MM /DD /YYYY) B GENERAL LIABILITY DTEC07953N240 08/01/2009 08/01/2010 EACH OCCURRENCE $1,000,000 General Liability • X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300,000 PREMISES (Ea occurrence) CLAIMS MADE ® OCCUR MED EXP (Any one person) $5 , 000 M PERSONAL & ADV INJURY 51 , 000, 000 n ❑ N GENERAL AGGREGATE $2,000,000 t "` J t` GEN'L AGGREGATE LIMIT APPLIES PER: 00 PRODUCTS- COMP /OPAGG $2,000,000 M O POLICY ® PRO- ❑ LOC 0 JECT SIR /Deductible $25,000 N C AUTOMOBILE LIABILITY DT8107953N240 08/01/2009 08/01/2010 COMBINED SINGLE LIMIT O ANY AUTO AUTOMOBI (Ea accident) $1,000,000 Z y ALL OWNED AUTOS cC BODILY INJURY v SCHEDULED AUTOS ( Per person) L HIRED AUTOS BODILY INJURY V NON OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT R ANY AUTO — OTHER THAN EA ACC • AUTO ONLY : AGG A EXCESS /UMBRELLA LIABILITY BE042052437 08/01/2009 08/01 /2010 EACH OCCURRENCE $5,000,000 UMBRELLA ® OCCUR ❑ CLAIMS MADE AGGREGATE $5,000,000 B DEDUCTIBLE RETENTION $10,000 DTEUB8162N777 08/01/2009 08/U1/20 10 X WC STATU I OTH WORKERS COMPENSATION AND WORK COMP EMPLOYERS' LIABILITY Y/ N TORY LIMITS IER E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? • E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NH) 1 Ifyes, describe under SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT 1 $1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS City of Seal Beach, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials. Re: Kana Job #4670 - Lampson Avenue Well Phase II - Offsite . Water and Sewer Pipe, Proj ect No. WT0903. GL, PPA & Auto endorsement and GL, Auto & WC waiver attached. CERTIFICATE HOLDER CANCELLATION C 1 ty of Sea I Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 211 8th Street DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR —TO MAIL 2nd F I oor 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Seal Beach CA 90740 USA BUT—FAILURE F TO DO SO SHALL IMPOSE—NO-OBLIGATION-OR LIABILI1= OE ANY KIND UPON Ti IE INSURER, ITS AGENTS—OR—REPRESENTATIVES. /7j � 2 6J . AUTHORIZED REPRESENTATIVE .Q n, .71EJnerecfdna c/ /YcsCJna . ACORD 25 (2009/01) ©1988 -2009 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD • • • • Attachment to ACORD Certificate for Kana Pipeline, Inc. The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURER INSURED Kana Pipeline, Inc. INSURER 1639 E. Miraloma Ave. P l a c e n t i a CA 92870 USA INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. ADD'L POLICY NUMBER POLICY POLICY INSR INSRD TYPE OF INSURANCE EFFECTIVE EXPIRATION LTR POLICY DESCRIPTION DATE DATE LIMITS AUTOMOBILE LIABILITY C DT8107953N240 08/01/2009 08/01/2010 Comprehensiv AUTOMOBILE e Deduct $2,500 Collision Deductible $2,500 Property Damage $1,000 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS • Certificate No : 570038732173 ! • 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 PERIO LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO S f l 100i— 0 11 0 LIABILITY a /d / 1 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: )Contractual Liability 0 Explosion Hazard . ❑ Owners/Landlords/Tenants 0 Collapse Hazard _ ❑ Manufacturers /Contractors 0 Underground Property Damage X Products/Completed Operations ❑ Pollution Liability ❑ road Form Property Damage ❑ Liquor Liability ❑ Extended Bodily Injury ❑ O Broad Form Comprehensive ' ❑ X General Liability Endorsement 12. A' deductible or ❑ self- insured retention (check one) of $ �.5 l-7 (' tD applies to ali coverage(s) except: (if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one). ` / 13. This is an 1�occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on D at 12:01 A.M. and forms a part of Policy Number \ • v ill VI y"p . ' I, (print name), hereby ` declare under penalty of perjury under the laws of the State of Califomia, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. 1 Y ON Executed 01 I , 20 1 0 „.awe Al4weetne&seemoiceo, 964 Ate. Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( ot `C at ) (4 pc-- co?„ d o R: SPECSILAMPSONAVEIWATERLINE (JUL '09) Page D -118 • • ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY KhU P pe\cvr \hc • ILO E .1h \Yo4bn i Ave .\INDS , cA Name and address fnamed insured("Named Insured"): one ToperSCb4r ga t l/ \(6NA-cis- Wv Aiyoso,GI C'o . (A }\Yh✓icM . -Hat l(-T x\13 Name and address of sumac ompany("Com any"): OFFICIAL TITLE OF PROJECT:Lampson Avenue Well Phase II—Offsite Water and Sewer Pipe Project No WT0903 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. JThe 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 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. RSPECSVAMPSON AVEMATERLWE(JUL'09) Page D-117 • • • Seal Beach CA 90740 7. Except as stated above and not in conflict with this endorsement,nothing contained herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH_ lib C` POLICY PERIOD I /� p LIMITS OF THIS ENDORSEMENT ATTACHES I J FROM/TO S I 1 16"\— 0 I i O LIABILITY VVV 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 All Owned Automobiles 0 Motor Carrier Act Non-owned Automobiles ❑ Bus Regulatory Reform Act Hired Automobiles ❑ Public Livery Coverage ❑ Scheduled Automobiles ❑ ❑ Garage Coverage ❑ 11. AKdeductible or 0 self-insured retention (check one) of$ \1Q170 applies to all coverage(s)except: (if none,so state). The deductible is applicable 0 per claim or 0 per occurrence(check one). ��YC Y-- r y�c k(Jen+ 12. This is an/occurrence or 0 claims de made policy(check one). 13. This endorsement is e ecjve on p Doi at 12:01 A.M. and forms a part of Policy Number t V \D'R-n5 SNd 4 I-) • I, (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 ( t \th ,20 I 0 Signature of Authorized Representative JI JI-wide£iirrr lane e crier' ey 91644 ant (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( o ial ) HD% --UJv D RSPECSILMIPSON AVEIWATERLINE(J11L'09) Page D-121 • ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY 1'zom re,1kve loo 1103° E .Y�;valoho\ eve . Pl�c�vrl�a c °E�° Name and address of named insured("Named Insured"): \11 \t9 .( ' in ►. CO. IC ( ►- -'( CALL .G - ,C7ov 13 Name and address of In ance Company("Company"): • OFFICIAL TITLE OF PROJECT:Lampson Avenue Well Phase II—Offsite Water and Sewer Pipe Project No WT0903_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 under the Policy shall apply separately to each Additional.Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 4... The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s)designated above, between the Named Insured and the Additional Insureds. 5. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 6. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior,. concurrent,or subsequent active or passive negligence by the Additional Insureds. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction,interpretation,and enforcement of this contract of insurance. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Engineer City of Seal Beach 211 8th Street,2"d Floor RSPECSIWAPSON AVEWATEPLLVE(JUL'09) Page D-120 • • • • WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS,the CITY OF SEAL BEACH has required certain insurance to be provided by Kano ?e\„f-e ,1y c . 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. //��1n� 2. The insureds under such policy or policies are: KI/t Y Y/1 Pi 'i 1I r'e 1 v\ci . 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 4. Said policy or policies shall not be canceled, voided or reduced in coverage or limits of liability, unless and until thirty days' advance written notice thereof has been served upon the City Clerk of the CITY OF SEAL BEACH. By: 01041 Ma,aunrfatu&.ez freo'9414 tiiac. Its Authorized Representative R:SPECSLLAMPSON AVE\WATERUNE(JUL 09) Page D-115 • • • COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DTEC07953N240 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project Designated Project(s): General Aggregate(s): EACH "PROJECT" FOR WHICH YOU HAVE AGREED, IN $GENERAL AGGREGATE A WRITTEN CONTRACT WHICH IS EFFECT DURING LIMIT SHOWN ON THE THIS POLICY PERIOD,TO PROVIDE A SEPARATE DECLARATIONS. GENERAL AGGREGATE LIMIT, PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE"BODILY INJURY"OR"PROPERTY DAMAGE"OCCURS. A. For all sums which the insured becomes 3. Any payments made under COVERAGE legally obligated to pay as damages caused A. for damages or under COVERAGE C. by"occurrences" under COVERAGE A. for medical expenses shall reduce the (SECTION I), and for all medical expenses Designated Project General Aggregate caused by accidents under COVERAGE C. Limit for that designated "project". Such (SECTION I), which can be attributed only to payments shall not reduce the General operations at a single designated "project" Aggregate Limit shown in the shown in the Schedule above: Declarations nor shall they reduce any 1. A separate Designated Project General other Designated Project General Aggregate Limit applies to each Aggregate Limit for any other designated designated "project", and that limit is "project" shown in the Schedule above. equal to the amount of the General 4. The limits shown in the Declarations for Aggregate Limit shown in the Each Occurrence, Damage To Declarations, unless separate Premises Rented To You and Medical Designated Project General Expense continue to apply. However, Aggregate(s) are scheduled above. instead of being subject to the General 2. The Designated Project General Aggregate Limit shown in the Declarations, such limits will be subject to Aggregate Limit is the most we will pay the applicable Designated Project for the sum of all damages under General Aggregate Limit. COVERAGE A., except damages because of "bodily injury" or "property B. For all sums which the insured becomes damage" included in the "products/ legally obligated to pay as damages caused completed operations hazard," and for by "occurrences" under COVERAGE A. medical expenses under COVERAGE (SECTION' I), and for all medical expenses • C., regardless of the number of: caused by accidents under COVERAGE C. a. Insureds; (SECTION I), which cannot be attributed only b. Claims made or"suits" brought; or to operations at a single designated "project" shown in the Schedule above: c. Persons or organizations making claims or bringing "suits." CG D2 11 01 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2 • • COMMERCIAL GENERAL LIABILITY 1. Any payments made under COVERAGE provided, any payments for damages A. for damages or under COVERAGE because of "bodily injury" or "property C. for medical expenses shall reduce damage" included in the "products/ the amount available under the General completed operations hazard" will reduce Aggregate Limit or the Products/ the Products/Completed Operations Completed Operations Aggregate Limit, Aggregate Limit, and not reduce the General whichever is applicable; and Aggregate Limit nor the Designated Project 2. Such payments shall not reduce any General Aggregate Limit. Designated Project General Aggregate E. For the purposes of this endorsement the Limit. Definitions Section is amended by the C. Part 2. of SECTION III — LIMITS OF addition of the following definition: INSURANCE is deleted and replaced by the "Project" means an area away from following: premises owned by or rented to you at 2. The General Aggregate Limit is the most which you are performing operations we will pay for the sum of: pursuant to a contract or agreement. For the purposes of determining the applicable a. Damages under Coverage B; and aggregate limit of insurance, each "project" that includes premises involving the same or b. Damages from "occurrences" under connecting lots, or premises whose COVERAGE A (SECTION I) and for connection is interrupted only by a street, all medical expenses caused by roadway, waterway or right-of-way of a accidents under COVERAGE C railroad shall be considered a single (SECTION I) which cannot be "project." attributed only to operations at a single designated "project" shown in F. The provisions of SECTION III — LIMITS OF the SCHEDULE above. INSURANCE not otherwise modified by this endorsement shall continue to apply as D. When coverage for liability arising out of the stipulated. "productslcompleted operations hazard" is CG D2 11 01 04 Copyright,The Travelers Indemnity Company, 2004 Page 2 of 2 • • COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DTEC07953N240 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under me following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED—(Section II) is amended ii. Supervisory, inspection, architectural to include any person or organization that you or engineering activities. agree In a "written contract requiring insurance" to include as an additional insured on this c. The insurance provided to the additional Coverage Part, but: insured does not apply to "bodily Injury" or "property damage" caused by "your work" a. Only with respect to liability for "bodily and included in the "products-completed injury", "property damage" or "personal operations hazard" unless the "written injury";and contract requiring insurance" specifically requires you to provide such coverage for b. If, and only to me extent that, the Injury or that additional insured, and then the damage Is caused by acts or omissions of insurance provided to the additional insured you or your subcontractor in the performance applies only to such "bodily Injury" or of"your work" to which the "written contract "property damage" that occurs before the requiring insurance" applies. The person or end of the period of time for which the organization does not qualify as an "written contract requiring insurance" additional insured with respect to the requires you to provide such coverage or the Independent acts or omissions of such end of the policy period,whichever is earlier. person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, excess, contingent or on any other basis, that is a. In the event that the Limits of insurance of available to the additional Insured for a loss we this Coverage Part shown in the cover under this endorsement However, if the Declarations exceed the limits of liability "written contract requiring insurance" specifically required by the "written contract requiring requires that this insurance apply on a primary insurance", the insurance provided to the basis or a primary and non-contributory basis, additional insured shall be limited to the this insurance Is primary to "other insurance" limits of liability required by that "written available to the additional insured which covers contract requiring in Insurance". This that person or organization as a named insured endorsement shall not increase the limits of for such loss, and we will not share with that insurance described in Section III — Limits "other insurance". But the insurance provided to Of Insurance. the additional insured by this endorsement still is excess over any valid and collectible "other b. The insurance provided to the additional insurance", whether primary, excess, contingent insured does not apply to "bodily injury", or on any other basis, that is available to the "property damage" or "personal injury" additional insured when that person or arising out of the rendering of, or failure to organization is an additional insured under such render, any professional architectural, "other insurance". engineering or surveying services, including: 4. As a condition of coverage provided to the i. The preparing, approving, or failing to additional insured by this endorsement: prepare or approve, maps, shop drawings, opinions, reports, surveys, a. The additional insured must give us written field orders or change orders, or the notice as soon as practicable of an preparing, approving, or failing to "occurrence" or an offense which may result prepare or approve, drawings and in a claim. To the extent possible, such specifications; and notice should include: CG 02 46 08 05 ©2005 The St. Paul Travelers Companies, Inc. Page I of 2 • • COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence d. The additional insured must tender the or offense look place: defense and indemnity of any claim or"suit" to any provider of "other insurance" which ii. The names and addresses of any would cover the additional insured for a loss Injured persons and witnesses; and we cover under this endorsement However, this condition does not affect whether the iii. The nature and location of any injury or insurance provided to the additional insured damage arising out of the "occurrence" by this endorsement is primary to "other or offense. insurance" available to the additional insured which covers that person or organization as b. If a claim is made or"suit" is brought against a named insured as described in paragraph the additional insured, the additional insured 3. above. must: 5. The following definition is added to SECTION V. i. Immediately record the specifics of the —DEFINITIONS: claim or "suit" and the date received; and "Written contract requiring insurance" means that part of any written contract or agreement under ii. Notify us as soon as practicable. which you are required to include a person or organization as an additional insured on this The additional insured must see to it that we Coverage Part, provided that the "bodily injury" receive written notice of the claim or"suit"as and "property damage" occurs and the personal soon as practicable. injury" is caused by an offense committed: c. The additional insured must immediately a. After the signing and execution of the send us copies of all legal papers received in contract or agreement by you; connection with the claim or"suit", cooperate with us in the investigation or settlement of b. While that part of the contract or agreement the claim or defense against the "suit", and is in effect: and otherwise comply with all policy conditions. c. Before the end of the policy period. CG D2 46 08 05 ©2005 The St. Paul Travelers Companies, Inc. Page 2 of 2 • • • POLICY NUMBER: DTEC07953N240 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal injury" or"advertising injury" offense is committed. GL Blanket Waiver • • POLICY NUMBER: DT8107953N240 THIS ENDORSEMENT CHANGES THE POLICY. READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Wth respect to coverage provided by this endorsement, the provision of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s)who are"insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): "Any person or organization that you are required to include as an additional insured on this Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period". (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement. Each person or organization shown in the schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under Who Is An Insured Provision contained in Section II of the coverage form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 • • POLICY NUMBER: DT8107953N240 COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. Auto Blanket Waiver • • TravelersPropertyCasualty ‘. WORKERS COMPENSATION nwsne7rarxren&ol&P AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 POLICY NUMBER: DTEUB8162N777 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT .CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Designated Person or Designated Organization ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. w • • DATE(MM/DD/YWY) " RO CERTIFICATE OF LIABILITY INSURANCE 05/04/2010 • PRODUCER Aon Risk Insurance Services west, Inc. 'EMITS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY fka Aon Risk Services, Inc. of S CA AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS 1901 Main Street CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER TIME Suite 300 COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine CA 92614 USA — INSURERS AFFORDING COVERAGE NAIC# PHONE-(949) 608-6300 FAX-(949) 608-6459 INSURED INSURER A: National Union Fire Ins Co of Pittsburgh 19445 •• L Kana Pipeline, Inc. INSURER B: Travelers Property Cas Co of America 25674 I; 1639 E. Miraloma Ave. Placentia CA 92870 USA INSURER C: Travelers indemnity Co of Ct 25682 d 0 INSURER D: L u INSURER E: O COVERAGES SIR applies per terms and conditions of the policy THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED'I'D THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT W FIH 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 IIAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED INSR ADM( LTµ INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATEIXINI/DD/YYYY DATEININI/DDTYY\) B oTEC07953N240 08/01/2009 08/01/2010 EACU OCCURRENCE 51,000,000 IGENERAI'I'I'\nn"II\ General Liability I"I COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 5300,000 IH—I PREMISES Ea occurrence) CLAIMS MADE © OCCUR MIA a )LXP(Any one $5,000 en PERSONAL St ADV INJURI' $1,000,000 Z El GENERAL AGGREGATE ew $2,000,000 GENL AGGREGATE LIMIT APPLIES PER: , en PRODUCTS-COMP:OPAGG $2,000,000 p ❑ POLICI' La© PRO- ❑ O JECI R/Deductible $25,000 ui E i) C AUTOMOBILE LIABILITY DT8107953N240 08/01/2009 08/01/2010 COMBINED SINGLE LIMIT C X ANY AUTO AUTOMOBILE (Ea accident) $1,000,000 Z V - ALL OWNED AUTOS BODILY INJURY B — SCHEDULED AUTOS (P1r pasov) F-- t X HIRED AUTOS BODILY INJURY X NON OWNED AUTOS (Peraccidm0 ■ PROPERTY DAMAGE (Per accident/ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT A ANV AUTO OTHER THAN EA ACC AUTO ONLY: AGO A EXCESS/UMBRELLA LIABILITY 8E042052437 08/01/2009 08/01/2010 EACH OCCURRENCE $5,000,000 UMBRELLA © OCCUR ❑ CLAIMS MADE AGGREGATE $5,000,000 DEDUCTIBLE RETENTION $10,000 C DTEUB8162N777 08/01/2009 1)13/1.)1/2010 X IWC STATU-I 10TH. WORKERS COMPENSATION AND WORK COMP TORY LIMITS Ex LIABILITY LIABILIT \'/N' II�I EL EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE I I OFFICERQr1EMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 _ (Mandatory mNlO E.L.DISEASE-POLICY LIMIT $1,000,000- If yes.detente under SPECIAI,PROVISIONS below OTHER Lai DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES EXCLUSION'S ADDED BY ENDORSEMENT/SPECIAL PROVISIONS : i City of Seal Beach, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials. Re: Kana Job #4670 - Lampson Avenue well Phase II - offsite water and Sewer Pipe, Project No. WT0903. GL, PPA & Auto endorsement and GL, Auto & WC waiver attached. CERTIFICATE HOLDER CANCELLATION — City of Seal Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEI.LF.D BEFORE THE EXPIRATION 211 8th street DATE THEREOF,THE ISSUING INSURER WILL Picric w•+^'0 MAIL 2nd Floor JO DAYS PRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. r- BUT FAILURE TO DO SO SHALL P(POSE NO OBLICATIO"OR LIABILITY TTY r. Seal Beach CA 90740 USA E ^• THE\: '•ER,ITS AGENTS OR T4 RF"RESE` ^'CS. W, AUTHORIZED REPRESENTATIVE Jn 526,:fna,tance e_9ftvera 7�i..gic. A ACORD 25(2009/01) 01988-2009 ACORD CORPORATION.All rights reserved The ACORD name and logo are registered marks of ACORD • • Attachment to ACORD Certificate for Kana Pipeline, Inc. The terms,conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s).This attachment does not contain all terms,conditions.coverages or exclusions contained in the policy. INSURER INSURED Karla Pipeline, Inc. INSURER 1639 E. Miraloma Ave. Placentia CA 92870 USA INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. ADM, POLICY NUMBER POLICY POLICY INSR INSRD TYPE OF INSURANCE POLICY DESCRIPTION EFFECTIVE EXPIRATION imams LTR DATE DATE AUTOMOBILE LIABILITY D18107953N240 08/01/2009 08/01/2010 Comprehensiv AUTOMOBILE e Deduct 82,500 Collision Deductible 82,500 Property Damage 81,000 • DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT5PECIAL PROVISIONS Certificate No: 570038732173 • • COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DTEC07953N240 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project Designated Project(s): General Aggregate(s): EACH"PROJECT" FOR WHICH YOU HAVE AGREED, IN $GENERAL AGGREGATE A WRITTEN CONTRACT WHICH IS EFFECT DURING LIMIT SHOWN ON THE THIS POLICY PERIOD,TO PROVIDE A SEPARATE DECLARATIONS. GENERAL AGGREGATE LIMIT, PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE"BODILY INJURY"OR"PROPERTY DAMAGE"OCCURS. A. For all sums which the insured becomes 3. Any payments made under COVERAGE legally obligated to pay as damages caused A. for damages or under COVERAGE C. by"occurrences" under COVERAGE A. for medical expenses shall reduce the (SECTION I), and for all medical expenses Designated Project General Aggregate caused by accidents under COVERAGE C. Limit for that designated "project". Such (SECTION I), which can be attributed only to payments shall not reduce the General operations at a single designated "project" Aggregate Limit shown in the shown in the Schedule above: Declarations nor shall they reduce any other Designated Project General 1. A separate Designated Project General Aggregate Limit for any other designated Aggregate Limit applies to each "Project" shown in the Schedule above. designated "project", and that limit is equal to the amount of the General 4. The limits shown in the Declarations for Aggregate Limit shown in the Each Occurrence, Damage To Declarations, unless separate Premises Rented To You and Medical Designated Project General Expense continue to apply. However, Aggregate(s) are scheduled above. instead of being subject to the General Aggregate Limit shown in the 2. The Designated Project General Declarations, such limits will be subject to Aggregate Limit is the most we will pay for the sum of all damages under the applicable Designated Project COVERAGE A., except damages General Aggregate Limit. because of "bodily injury" or "property B. For all sums which the insured becomes damage" included in the "products/ legally obligated to pay as damages caused completed operations hazard," and for by "occurrences" under COVERAGE A. medical expenses under COVERAGE (SECTION I), and for all medical expenses C., regardless of the number of: caused by accidents under COVERAGE C. a. Insureds; (SECTION I), which cannot be attributed only b. Claims made or"suits" brought; or to operations at a single designated "project" shown in the Schedule above: c. Persons or organizations making claims or bringing "suits." CG D2 11 01 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2 • • COMMERCIAL GENERAL LIABILITY 1. Any payments made under COVERAGE provided, any payments for damages A. for damages or under COVERAGE because of "bodily injury" or "property C. for medical expenses shall reduce damage" included in the "products/ the amount available under the General completed operations hazard" will reduce Aggregate Limit or the Products/ the Products/Completed Operations Completed Operations Aggregate Limit, Aggregate Limit, and not reduce the General whichever is applicable; and Aggregate Limit nor the Designated Project 2. Such payments shall not reduce any General Aggregate Limit. Designated Project General Aggregate E. For the purposes of this endorsement the Limit. Definitions Section is amended by the C. Part 2. of SECTION III — LIMITS OF addition of the following definition. INSURANCE is deleted and replaced by the "Project" means an area away from following: premises owned by or rented to you at 2. The General Aggregate Limit is the most . which you are performing operations we will pay for the sum of: pursuant to a contract or agreement. For the purposes of determining the applicable a. Damages under Coverage B; and aggregate limit of insurance, each "project" that includes premises involving the same or b. Damages from "occurrences" under connecting lots, or premises whose COVERAGE A (SECTION I) and for connection is interrupted only by a street, all medical expenses caused by roadway, waterway or right-of-way of a accidents under COVERAGE C railroad shall be considered a single (SECTION I) which cannot be "project." attributed only to operations at a single designated "project" shown in F. The provisions of SECTION III — LIMITS OF the SCHEDULE above. INSURANCE not otherwise modified by this endorsement shall continue to apply as D. When coverage for liability arising out of the stipulated. "products/completed operations hazard" is CG D2 11 01 04 Copyright, The Travelers Indemnity Company, 2004 Page 2 of 2 • • COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DTEC07953N240 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under me following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED—(Section II) is amended ii. Supervisory, inspection, architectural to include any person or organization that you or engineering activities. agree In a "written contract requiring insurance" to include as an additional insured on this c. The insurance provided to the additional Coverage Part, but: insured does not apply to "bodily Injury" or "property damage" caused by "your work" a. Only with respect to liability for "bodily and included in the "products-completed injury", "property damage" or "personal operations hazard" unless the "written injury"; and contract requiring insurance" specifically requires you to provide such coverage for b. If, and only to me extent that, the Injury or that additional insured, and then the damage Is caused by acts or omissions of insurance provided to the additional insured you or your subcontractor in the performance applies only to such "bodily Injury" or of "your work" to which the "written contract "property damage" that occurs before the requiring insurance" applies. The person or end of the period of time for which the organization does not qualify as an "written contract requiring insurance" additional insured with respect to the requires you to provide such coverage or the Independent acts or omissions of such end of the policy period,whichever is earlier. person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, excess, contingent or on any other basis, that is a. In the event that the Limits of insurance of available to the additional Insured for a loss we this Coverage Part shown in the cover under this endorsement However, if the Declarations exceed the limits of liability "written contract requiring insurance" specifically required by the "written contract requiring requires that this insurance apply on a primary insurance", the insurance provided to the basis or a primary and non-contributory basis, additional insured shall be limited to the this insurance Is primary to "other insurance" limits of liability required by that "written available to the additional insured which covers contract requiring in Insurance". This that person or organization as a named insured endorsement shall not increase the limits of for such loss, and we will not share with that insurance described in Section III — Limits "other insurance". But the insurance provided to Of Insurance. the additional insured by this endorsement still is excess over any valid and collectible "other b. The insurance provided to the additional insurance", whether primary, excess, contingent insured does not apply to "bodily injury", or on any other basis, that is available to the "property damage" or "personal injury" additional insured when that person or arising out of the rendering of, or failure to organization is an additional insured under such render, any professional architectural, "other insurance". engineering or surveying services, including: 4. As a condition of coverage provided to the i. The preparing, approving, or failing to additional insured by this endorsement: prepare or approve, maps, shop drawings, opinions, reports, surveys, a. The additional insured must give us written field orders or change orders, or the notice as soon as practicable of an preparing, approving, or failing to "occurrence" or an offense which may result prepare or approve, drawings and in a claim. To the extent possible, such specifications; and notice should include: CG D2 46 08 05 ©2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 • • • COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence d. The additional insured must tender the or offense look place: defense and indemnity of any claim or "suit" to any provider of "other insurance" which H. The names and addresses of any would cover the additional insured for a loss Injured persons and witnesses; and we cover under this endorsement However, this condition does not affect whether the Hi. The nature and location of any injury or insurance provided to the additional insured damage arising out of the "occurrence" by this endorsement is primary to "other or offense. insurance"available to the additional insured which covers that person or organization as b. If a claim is made or"suit" is brought against a named insured as described in paragraph the additional insured, the additional insured 3. above. must: 5. The following definition is added to SECTION V. i. Immediately record the specifics of the —DEFINITIONS: claim or "suit" and the date received; and "Written contract requiring insurance" means that part of any written contract or agreement under ii. Notify us as soon as practicable. which you are required to include a person or organization as an additional insured on this The additional insured must see to it that we Coverage Part, provided that the "bodily injury" receive written notice of the claim or"suit"as and "property damage" occurs and the personal soon as practicable. injury"is caused by an offense committed: c. The additional insured must immediately a. After the signing and execution of the send us copies of all legal papers received in contract or agreement by you; connection with the claim or"suit", cooperate with us in the investigation or settlement of b. While that part of the contract or agreement the claim or defense against the "suit", and is in effect: and otherwise comply with all policy conditions. c. Before the end of the policy period. CG D2 46 08 05 ©2005 The St. Paul Travelers Companies, Inc. Page 2 of 2 • • POLICY NUMBER: DTEC07953N240 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal injury" or"advertising injury" offense is committed. GL Blanket Waiver S POLICY NUMBER: DT8107953N240 THIS ENDORSEMENT CHANGES THE POLICY. READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provision of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s)or organization(s)who are"insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): "My person or organization that you are required to include as an additional insured on this Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period". (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement. Each person or organization shown in the schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under Who Is An Insured Provision contained in Section II of the coverage form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page I of 1 • • POLICY NUMBER: DT8107953N240 COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. Auto Blanket Waiver • • TravelersPropertyCasualtyt' WORKERS COMPENSATION .w ,, .,. o Lo-cn rcraw, AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 POLICY NUMBER: DTEUB8162N777 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Designated Person or Designated Organization ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. • • • EXHIBIT A , . FAITHFUL PERFORMANCE BOND • • • • • • R:SPECSILAMPSON AVEIWATERLINE(JUL'09) Page D-108 EXECUTED IN DUPLICATE • • Bond No. 08847603 Bond Premium...§11,759.00 - PERFORMANCE BOND KNOW AIL PERSONS BY THESE PRESEN r S that WNEREAS the City or Seal Beach has awarders ICANA EIPFI iNE....INC_,_ ._............. 1639 E. MIRALOMA AVENUE PLACENTIA, CA 92870 (Name and address of Contractor) ("Principal"),a contact(the"Contract")for the work described as follows: Lampson jtvepue Well PhaseJ Qf site Water Sewer Pipe Project l No V'T09O3 WHEREAS, Principe; is required under the terms of the Contract to furnish a bond for the faithfui perfotmmnce of the Contract. NOW,THEREFORE,we,the undersigned Principal,and FIDE-MIX ANT DEPOSIT COMPANY OF MA RYLANI] _. Su1.NQRTIL.B.RA.ND AOTTLEVARD ...... 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 SEVEN HUNDRED FIFTY l'HREE_,__ TILOUSANA FIVE HUNDRED FORTY AND 0Q/10Q lls Dollars (S 753,540.00 ), this amount being not less than the total contact price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we hind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. 1HE CONDITION OF TINS 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 Contact 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 matter therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided,then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. in case suits 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 unclear, 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 tights of a party hereto. IN WITNESS WHEREOF,two (2) identical counterparts of this instrument, each of which shall for all pm-poses be deemed an original hereof; have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate patty being hereto affixed and these presents duly signed by its unde sig aed representatives i pursuant to authority of its governing body. Dated: "Principal" "Surety" R9F:a.1SLAMPSOr'AVEMATER:114i jL 4)) Page:�l409 • • ICANA PIP 4. , INC. FIDELITY AND DEPOSIT COMPANY 11 OF MAR "LAND BY e By: bAnGa /Seat By: JANE IiEPNER Its P.ELr/DE,vr Its ATTORNEY-IN-FACT By: Its, It' ., (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. • • • • • • fie4",.ALAM.=5OM A :MA.71W*;AIL'CI) Page D-110 • • • ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rjocta[enene,cne,.,c-X>M.can.cflO,cr-cO.cac'Oc AcC,ExteM.M ..M.FM.M.,r-ott.M.rR ,c-.N.-teAc. ,ntt.c-:C.FC.eC.Mcx",en o y' >,I State of California 1 �, g County of 0 rain V e Ji >I fi q � >I rOn M¢�3 20(0 before me, �(Yl A t"tSkiCkl a, fJ C rcurty (Po�tc l' Date Here Insert Name and Title of Officer Iii personally appeared _ Dan l�� L�e�2 — � fiName(it.of Signer hI fi who proved to me on the basis of satisfactory evidence to be the person* whose name(*. is/ate I fi subscribed to the within instrument and acknowledged fi to me that he/, ../.1hSy executed the same in fi his/fist/theft authorized capacity(I ), and that by his/}a€r/t. etr signature* on the instrument the g person z), or the entity upon behalf of which the person(s) acted, executed the instrument. GINAFISHKIND I certify under PENALTY OF PERJURY under the •� laws of the State of California that the foregoing= Commission N 1868237 g g I 'q, �%? Notary Public-California z paragraph is true and correct. . Yi% Orange County Comm.Ex Tres Oct 15,2013 _ Q --- WITNESS my hand and official seal. g. if. Signature:. � iA ,...1..d lg. Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Ig Though the information below is not required by law, it may prove valuable to persons relying on the document ,Is fiand could prevent fraudulent removal and reattachment of this form to another document. 5 p Description of Attached D current r Title or Type of Document: n tfih cut �pYuYrYIC�'ZCR- na .JYb 4 4(I110 fi Document Date: N/A Number of Pages:b(08 •Dloq fiSigner(s) Other Than Named Above: jekro_ (CR.Q rnR.tr fi Capacity(ies) Claimed by Signer(s) gSigner's Name: io r t>z( yak-¢-- Sj•ner's Name: i ��rgg Corporate Officer—Title(s): V reS“Paint ❑Coro, ate Officer—Title(s): Li YYY ❑ Individual RIGHT THUMBPRINT ❑ Individua RIGHT THUMBPRINT I• OF SIGNER OF SIGNER ❑ Partner—❑Limited ❑General Top of thumb here ❑ Partner—❑ '. ited 0 General Top of thumb here fi ❑ Attorney in Fact ❑Attorney in Fact • ❑ Trustee ❑Trustee h 5 ❑ Guardian or Conservator 0 Guardian or Conservator fi ❑ Other: ❑Other: ii Signer Is Representing: Signer Is Representing: fi I I fi 02008 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800.8768827 Y; CALIFORNIA ALL-PURPOSE N 1:. CERTIFICATE OF ACKNOWLEDGMENT iii State of California t 1;1 11 I: h S; County of Orange li . MAY 0 3 2010 11 f; On before me, K. Luu, Notary Public i (Here insert name and title of the officer) r personally appeared Jane Kepner r, j 1 it ij it is Iii who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to ;I 1:: 4 the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized iti g capacity(ies), and That by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of h iii i which the person(s)acted, executed the instrument. li 5 Iii I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph ? is true and correct. ii Iiii li pI. 1:: it WITNESS my hand and official seal. ,yv, Commission # 1778641 k- !:: ii ;- m - Notary Public - California r! Orange County ;} SignaureofNotary Public (Notary Seal) v v . w vSTMO y-rCormmt. pms.No.v6 < lerr l ii ill Q ij ADDITIONAL OPTIONAL INFORMATION k INSTRUCTIONS FOR COMPLETING THIS FORM i:: Any acknowledgment completed in California must contain verbiage exactly as Ill DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be p'�.. properly completed and attached to that document. The only exception Is If a N (' document Is to be recorded outside of California In such instances,any alternative j (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the .i verbiage does not require the notary to do something that is illegal for a notary in i California(ie. certing the authorred capacity of the signer).Please check the :: document carefully for proper notarial wording and attach this form if required. (Title or description of attached document continued) Ili II i t • State and County information must be the State and County men where the document k Pages 1:: Number of Pa Document Date ;: p; g signer(s)personally appeared before the notary public for acknowledgment. 0 it • Date of notarization must be the date that the signer(s)personally appeared which 4 I; must also be the same date the acknowledgment is completed. Ili (Additional information) • The notary public must print his or her name as it appears within his or her h III commission followed by a comma and then your title(notary public). i3 • Print the name(s) of document signer(s)who personally appear at the time of t IF notarization. ii - CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. i" he/she/they,is/am)or circling the correct forms.Failure to correctly indicate this t is ❑ Individual(s) p; information may lead to rejection of document recording. (: ii: ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. iI I:: Impression must not cover text or lines.If seal impression smudges,re-seal if a Ij " sufficient area emits,otherwise complete a different acknowledgment is (Title) P P gmenl fomn. 111 Partner(s) • Signature of the notary public must match the signature on file with the office of e the county clerk. ri 21 Attorney-in-Fact Additional information is not required but could help to ensure this !i ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ;i I:I ❑ Other Indicate title or type of attached document,number of pages and date. it l Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(ie.CEO,CFO,Secretary). t' i" • Securely attach this document to the signed document t O • • EXHIBIT B PAYMENT BOND • EcSPEC:xwOMNAVExtn-ittVEPw.%) Page D-111 EXECUTED IN DUPL•TE • Bond No. 08847603 Bond Premium INCL IN PERFORMANCE BOND PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded to KANA PIPELINE INC. 1639 E. MIRALOMA AVENUE PLACENTIA. CA 92870 (Name and address of Contractor) ("Principal"), a contract(the"Contract")for the work described as follows: Lamnson Avenue Well Phase II—Offsite Water and Sewer Pipe Project No WT0903 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 MARYI Amn ROl NOTCH TIR3ND BOUT EVARD GLENDALF CA 91903 (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 THRFF TTTTNnRFTI SE' KNTY SIX THOUSAND SEVEN HUNDRED SEVENTY ANLI n0/IOUTNS Dollars($ 376 770 no this amount being not less than fifty percent (50%)of the total contact 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'I'HIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code,or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond;otherwise, this obligation shall become null and void. This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER,the Surety, for value received,hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change,extension of time,alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§2845 and 2849. . RSPECSLAMPSON AVEIWATERUNE(JUL'O6) Page D-112 • • • 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 `oath below, the name of each corporate gamy being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dared: "Principal" "Surety" IiANA PIPE 44 INC. FIDELITY AND DEPOSIT C011IPANYLANll BY Tay: tiWiezv Zoce By:_ JANE IiEPNER Its RQBC/! R'7 Its ATTORNEY-IN-FACT By: By: Its Its (Seal) (Seal) Note: This bond must he dated., all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Ra :s:Ars soasvanva xsseuw.':s) Page 0-113 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I IS • State of California p County of 01 (7 4rlvy�/ (� , \ 1 On 1 70(0 J before me, CSI 1Ck... IS Y�C,� ) (VO_OVrU CvLj`■c_. 'I JJJJ Date Here Insert Name and Title oflI V Officer ii personally appeared Daniel 1_,D C-_2- � Name(e)of Signer(* fi \ 4l Z" who proved to me on the basis of satisfactory 6 fi evidence to be the person* whose name(sj_is/ae §, it subscribed to the within instrument and acknowledged to me that he191ye/they executed the same in gl his/heaths& authorized capacity((s6), and that by his/herltlosthr signature* on the instrument the 1. person*, or the entity upon behalf of which the person*acted, executed the instrument. J GINA FISHKIND I certify under PENALTY OF PERJURY under the fi S i Commission# 1868237 a: laws of the State of California that the foregoing 1 _q 4. Notary Public-California D paragraph is true and correct. \ `!Y/ Orange County fi Comm.Expires Oct 15.2013 r WITNESS my hand and official seal. 1 fi g ,2% #f5 752 4> i fi Signature: ii. Place Notary Seal and/or Stamp Above Signature of Notary Public — OPTIONAL gThough the information below is not required by law, it may prove valuable to persons relying on the document f. and could prevent fraudulent removal and reattachment of this form to another document. 0 Description of Attached Document „( Title or Type of Document: Paryra JI-I" Enron a Job 14'9(.070 1 5 Document Date: t" -FF \ Number of Pages: D I)21 NI 1 Signer(s) Other Than Named Above: )(t nst KC,pI\QS g Capacity(ies) Claimed by Signer(s) gSigner's Name: Dar id (.b4�-C. Signer's Name: i g X. Corporate Officer—Title(s): PrQSVcRw-ci- ❑ orporate Officer—Title(s): xi ❑ Individual RIGHT THUMBPRINT ❑ !nth ' ual RIGHT THUMBPRINT OF SIGNER OF SIGNER ❑ Partner—❑Limited ❑General Top of thumb here ❑ Partner ❑Limited ❑General Top of thumb here L. ❑ Attorney in Fact ❑Attorney in t ❑ Trustee ❑Trustee \\ Ifi ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: \- h'S VI 1, Signer Is Representing: Signer Is Representing: isS Kox�cA Pi�xlu�¢.I Inc . 02008 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 r ,. 3 CALIFORNIA ALL-PURPOSE • ? CERTIFICATE OF ACKNOWLEDGMENT ii: il l State of California ii it County of Orange 1 li f it MAY 03 2010 (5; On before me, K. Luca, Notary Public lh (Here insert name and title of the officer) personally appeared Jane Kepner l iii t who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to 1 the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized lii , capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of iii which the person(s)acted,executed the instrument. E1 ci iii Ili I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph li id :: is true and correct. (33 resi7\, K. LUU ill Commission # 1778641 WITNESS my and and official seal. •, Notary Public - California It ':• Orange County o dy M11y Comm.Elgrirem Nov 6,2071 I:: Signature of Notary Public (Notary Seal) t W ii ii; F i ♦ A li i:: I:: ADDITIONAL OPTIONAL INFORMATION r INSTRUCTIONS FOR COMPLETING THIS FORM Iii Any acknowledgment completed in California must contain verbiage exactly as 1z ii! DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be 3iproperly completed and attached to that document. The only exception is if a 3 document is to be recorded outside of California.In such instances,any alternative •' acknowledgment verbiage as may be printed on such a document so long as the (Title or description of attached document) i II 111( verbiage does not require the notary to do something that a illegal for a notary in California (Le. cert(ing the authorized capacity of the signer).Please check the i (Title description of attached document continued) document carefullyfor proper notarial wording and attach this form(((required. Ij iii :, Iii • State and County information most be the State and County where the document li ICI Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment H ': • Date of notarization must be the date that the signer(s)personally appeared which 13 jil must also be the same date the acknowledgment is completed. II Iii (Additional information) • The notary public must print his or her name as it appear within his or her it commission followed by a comma and then your title(notary public). Print the name(s) of document signer(s)who personally appear at the time of ii notarization. ' CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. 3 r heishd is/are or circling the correct forms.Failure to correctly indicate this `r: ❑ Individual(s) II; information may lead to rejection of document rewrding. is ❑ Corporate Officer rP • The notary seal iimpression must be clear and photographically reproducible. ih Impression must not cover text or lines.If seal impression smudges,re-seal if a 1 (Title) sufficient area permits,otherwise complete a different acknowledgment form. f hi ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of % ih the county clerk. i Attorney-in-Fact r le Additional information is not required but could help to ensure this !II ` ❑ Trustee(s) acknowledgment is not misused or attached to a different document. 1`i ❑ Other C. Indicate title or type of attached document,number of pages and date. ii C. Indicate the capacity claimed by the signer.If the claimed capacity is a hi corporate officer,indicate the title(ie.CEO,CFO,Secretary). f ih • Securely attach this document to the signed document a ii 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 Attomey-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, MAY 0 3 2010 this day of , Assistant Secretary • • 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 VI, Section 2, of the By-Laws of said Company, rare set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h-;e-m s by nominate, constitute and appoint Jane KEPNER,of Irvine,California, its true and lawful .?t fi ,Tur •- n- make, execute,seal and deliver, for,and on its behalf as surety,and as its act and .-j ae• .Mll! .o r , latent ngs,and the execution of such bonds or undertakings in pursuan . . ow, s atm ry. „,!l 'oon said Company, as fully and amply,to all intents and purposes, �y.. ris1.Sxee , . rbR ;ged by the regularly elected officers of the Company at its office in Bal r , y ,r �,,heir . . + �. r r•..This power of attorney revokes that issued on behalf of Jane Kepnera;�� ov ' . 7 The said Assistant -• .o:.y;': � U hat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- j++: . + .y o. *any,and is now in force. T � IN WITNESS W • 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 26th day of April, A.D. 2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND to Otpos .qr � o By: Eric D. Barnes Assistant Secretary William J. Mills Vice President State of Maryland 1 ss. City of Baltimore On this 26th day of April, A.D. 2005, 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. • ,r,unr^o. Constance A. Dunn Notary Public My Commission Expires: July 14,2011 POA-F 012-5025A