HomeMy WebLinkAboutAGMT - Majich Bros. Inc (Alley Improvements) . ' F 4:. •
PLEASE COMPLETE THIS INF rTMATION
RECORDING REQUESTED BY:
Oa corded in O Records
ne gloo 1 1al
m, Interim Clerk:County of Orange
AND WHEN R\ECRRDED_MAIL TO: Recorder
WHEN
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THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT: hr'SU\AM — Number 4g1i4
ALLEY UTILITY REPLACEMENT —
PROJECTS 49813 and 50062
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THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording tee applies)
'G 059-TITLE PAGE(R7/95)
WHEN ?ECORDED.IRETURN `--TO: R cording Requested By:
-. - Cit;, oi Seal Beach - 0 y of Seal Beach Pursuant
City Clerk to Government Code Sec.6103.
211 - 8th Street
' Seal' $each, Calif. 90740 �/ �f
RESOLUTION NUMBER .449'7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR PROJECT #49813 AND 50062 ALLEY UTILITY
REPLACEMENT PROGRAM (WATER AND SEWER), 13"'/14"' AND
141°/15711 ALLEYS ENTERED INTO BETWEEN MAJICH BROTHERS,
INC. AND THE CITY OF SEAL BEACH
WHEREAS, on August 27, 2001, the City of Seal Beach entered into a contract with
Majich Brothers, Inc.
WHEREAS, the City Engineer has determined that the work has been substantially
completed in accordance with the contract documents.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Seal Beach
as follows:
Section 1. That the work required to be performed by said Contractor has been
• completed.
Section 2. That the total cost of said work is in the amount of$ 771,453.05.
Section 3. That the work is hereby accepted and approved.
Section 4. It is further ordered that a "Notice of Completion", Exhibit "A", be filed on
behalf of the City in the Office of the Orange County Recorder within 10
days of the date of this resolution.
PASSED, APPROVED AND A,R,OPTED bye-the City Council of the City of Seal Beach
at a meeting thereof held on the - day 4 /1.142002 by the following vote:
/
AYES: Councilmemb fag'g,� %._.., __. •t !__' da,„.•� i,
NOES: Councilmembers_Ari....
ABSENT: Councilmember.1—/9A__'
617/1141147°I”
Mayor
AT ' T:
, .4.w.../A(--A-4 .
City C irk
STATE OF CALIFORNIA)
COUNTY OF ORANGE )SS
CITY OF SEAL BEACH)
I, Joanne M. Yeo, City Clerk of Seal Beach, California, do h reby certify that the foregoing
resolution is the original copy of Resolution Number on file in the office of the City
Clerk, passed, approved, and adopt by the Ci ouncil of the City of Seal Beach, at a
re:. meeting tl ereof held on the day of( IPA, 2002.
_I YALU/ ( 4
of lerk
•
• •
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
211 8th Street
Seal Beach, CA 90740
Space of above this line for Recorder's use.
*** No Recording Fee Pursuant to Government Code Section 6103, 27383 ****
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
I. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the
property hereniafter described:
2. The full name of the owner is: City of Seal Beach
3. The address of the owner is: City of Seal Beach, 211 8" Street, Seal Beach,CA 90740
4. The nature of the interest or estate of the owner is; In fee. The City of Seal Beach.
5. A work of improvement on the property hereinafter described as completed on 02/22/02. The work
was: 13th/14th and 14th/15th Alley Reconstruction.Project Nos. 49813 8.50062
6. The name of the contractor, if any,for such of improvement was: Maiich Bros., Inc.
7. The date of the Contract was: August 27,2001.
8. The property on which said work of improvement was completed in the City of Seal Beach,County of
Orange, State of California,and is described as follows: Alleys between 13th/14th and 14th/15th from
Electric Alley to Pacific Coast Highway
Date: S I%O7i
Signattre of owner or corporate officer of owner
named in paragraph 2 or his agent.
ASST. CITY ENGINEER
VERIFICATION
I,the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have
read said notice of completion and know the contents thereof;the same is true of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on A t ■ IV , 2002at Sea t
( ate of Signature)
arde
Direc _tic Works
EXHIBIT "A"
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•
PUBLIC WORKS CONTRACT
13 & 14 Street Alley Improvements, Project No. 49813 & 50062
For the following project named I7i"" a 14 5 MA-el S'3"' tait -"' .kT$
,in the City of Seal Beach.
THIS AGREEMENT, made and entered into this day of a L Ga i 200 / , by and
between the City of Seal Beach, California, hereinafter referred to as the "Cy ," Party of the First Part,
and
IA kt cAt . V
hereinafter designated as t "CONTRACTOR Party of the Second Part.
WITNESSETH: That the Parties do hereto mutually agree as follows:
ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be
made and performed by said CITY, the CONTRACTOR agrees with said CITY to perform and complete
in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in
the Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all
tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be
furnished by the CITY), and to do everything required by this Agreement and the said Specifications,
Drawings, and Contract Documents.
ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary
works or structures, tools and equipment and doing all the work contemplated and embraced in this
Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action
of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution
of the work until its acceptance by said CITY, and for all risks of every description connected with the
work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work;
except such as in the said Specifications are expressly stipulated to be borne by the said CITY and
faithfully completing the work and the whole thereof, in the manner shown and described in the said
Drawings, Specifications, and Contract Documents and in accordance with the requirements of the
Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the
unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal.
ARTICLE III. The CITY hereby promises and agrees with said CONTRACTOR to employ and does
hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and
conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same, at
the time, in the manner and upon the conditions set forth in the Specifications and Contract Documents, and
the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby
agree to the full performance of the covenants herein contained.
ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned
therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are
hereby incorporated in and made a part of this Agreement.
ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is
hereby specifically referred to and by this reference is made a part of this contract. It is further expressly
agreed by and between the parties hereto that should there be any conflict between the terms of this
instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing
herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
ARTICLE VI. By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions
of Section 3700 of the Labor Code which require every employer to be insured against liability for
workmen's compensation or to undertake self - insurance in accordance with the provisions of that code, and
I will comply with such provisions before commencing the performance of the work of this contract.
3
1
IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year
first above written.
CITY OF SEAL , CALIFO
Party of the F tP
jA/
BY Ad
City Manager
_KITES I
Ci C erk r
CTOR - Party of the S 425' art
Title `
7 .. reinC '? 1 a 1. - r'c7'E A► Cam. 4 1003
Address
• 4
• • •
***EXECUTED IN TRIPLICATE***
Bond No. 6121589 Bond Premium $11 rn711,00
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach,has awarded Maj i ch Rrns_ , Tnr
1286 F, ra1averas_ Straps
Altadena. CA 91001
(Name and address of Contractor)
("Principal"), a contract(the"Contract")for the work described as follows:
13th & 14th and 1.4th & 15th Street Alley Improvements-
Project No. 019-49820-062 and 043-49813-060
WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful
performance of the Contract.
NOW.THEREFORE,we,the undersigned Principal,and First National Insurance Company of
America
2677 N Main Street Ste 600
Santa Ana, CA 92705
(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 f ifty—six thousand
nine hundred sixty—three and N 1100
Dollars ($756,963_00 ), this amount being not less than the total
contract price, in lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, out heirs, executors, administrators, successors, and assigns. jointly
and severally. firmly by these presents..
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal,his,her
or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by. and
well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the
Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and
performed. all within the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and hold harmless the Public Agency. its officers. agents. and
others as therein provided, then this obligation shall become null and void;otherwise, it shall be and remain
in full force and effect.
In case suit is brought upon this bond,Surety further agrees to pay all court costs and reasonable anomeys'
fees in an amount fixed by the court.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time.
alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder,
or the specifications for the same,shall in any way affect its obligations under this bond, and it does hereby
waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the
Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of
California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all
rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument. each
of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and
5
• •
Surety, on the date set forth below, the name of each corporate party being hereto affixed and these
presents duly signed by its undersigned representative(s)pursuant to authority of its governing.body.
• Dated:
"Principal" "Surety"
M_a_jich Bros. , Inc. First National 'rance Co' . y of America
2677 N. Main , Ste_ . 00
�� • • J' OS•
�,' uBy: �a%'
Its r tt• ney—rFact, Lourdes Landa
By: By:
Its Its •
(Seal) (Seal)
Note: This bond must be dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney-in-fact must be
attached.
CALIFORNIA ALL-PURPOSE AC•OWLEDGMENT • No.5907
State of California
County of Orange
On September 7 2001 before me, Edith Garibay,Notary Public ,
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE.NOTARY PUBLIC"
personally appeared ***Lourdes Landa*** ,
NAME(S)OF SIGNER(S)
® personally known to me - OR - n proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
-5 EDIT}; GArRIBA4 K WITNESS my ha , -nd o, ial seal.
COMM.#1231724 _
V w �(�^NOTARY P'JBLIGGaLIFURNIA� '
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..: 417% COMNi.ExP.AUG.8,2003 SIGNATUR' OF NOTA-.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
I� PARTNER(S) I LIMITED
H GENERAL
n ATTORNEY-IN-FACT
❑ TRUSTEE(S) •
I GUARDIAN/CONSERVATOR NUMBER OF PAGES
OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
5-4067/GEEF 2/98 O 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
• •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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t• Though 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
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Title or Type of Document r
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s Document Date: Number of Pages:
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Capacity(ies) Claimed by Signer
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O 1997 National Notary Association•9350 De Soto Ave..P.O.Box 2102•Chatsworth.CA 913132902 Prod.No.5907 Reorder Gas Toll-Free 1.890-076.6827
***EXECUTED IN TRIPLICATE***
Bond No. __ 1589 Bond Premium Included in Performance Bond.
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
•
WHEREAS the City of Seal Beach,has awarded to Maj ich Bros. . Inc.
]2a6 E. Ca]averas Street
Altadena,, ('A 91001
(Name and address of Contractor)
("Principal), Alley contract(( CImprovements described as follows: 1 3th & 14th and 14th &
15th St
Proj.Prt No_ 019-49270-067 and 043-49813-060
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 First National Insurance Company of
America
2677 N. Main Street, Ste. 600
Santa Ana, CA 92705
(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 f i fty—six thousand
nine hundred sixty-tiree and No/l00
Dollars(S 756,963 n n this amount being not less than fifty percent
(50%)of the total contract price,in lawful money of the United States of America.for the payment of
which sum well and truly to be made,we bind ourselves, our heirs,executors, administrators,successors,
and assigns.jointly and severally,firmly by these presents.
THE CONDII'ION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal.his.her
or its heirs. executors. administrators, successors or assigns. or subcontractors shall fail to pay any of the
persons named in Section 3181 of the California Civil Code,or any amounts due under the Unemployment
Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance
Code. with respect to work or labor performed under the Contract, the Surety will pay for the same in an
amount not exceeding the penal sum specified in this bond: otherwise, this obligation shall become null and
void.
This bond shall 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 broueht 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.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all
purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set
forth below, the name of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative(s)pursuant to authority of its governing body.
Dated:
"Prncipal" "Surety"
First National Insurance Company
Majich Bros. , Inc. of America a
2677 N. Main St • - - , Ste 600
Santa Ana CA r 705
a Lre--- 4.s. By: -n///
Its to . -Fact, Lourdes Landa
By: By:
Its Mrs
•
(Seal) (Seal)
Note: This bond must be dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney-in-fact must be
attached.
•
•
•
R
. CALIFORNIA ALL-PURPOSE A•OWLEDGMENT • No.5907
State of California
County of Orange
On September 7 2001 before me, Edith Garibay,Notary Public ,
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC
personally appeared ***Lourdes Lauda*** ,
NAME(S)OF SIGNER(S)
® personally known to me -OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
r'ho',- .-----EDITI; GAhTe-7— WITNESS m and .l+ffici.. •
o coMM.81231724 ; '
O n NOTARY PUBLIC-CALIFORNIAu
At, ORANGE COUNTY`�+ „�w CCtr1M.EXP.AUG.8,2003 SIGNA RE OF.NOTAR
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
PI CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
H GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES
❑ OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
•
S-4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
• •
'FIRST NATIONAL SURETY POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY PO BOX 34526
SEATTLE,WA 98124-1526
PO BOX 34526
SEATTLE,WA 98124-1526
No. 8063
KNOW ALL BY THESE PRESENTS:
Thal FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint
JOHN MONROE,WILLIAM R.CURTIS;JUDY A.GRANDUSKY;LOURDES LANDA;PHILIP E.VEGA;ROSA E.RIVAS;Irvine,California
its true and lawful attomey(s)-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar
character issued by the company in the course of its business,and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such
instruments had been duly executed by its regularly elected officers at its home office.
IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 8th day of August . 2001
I41 frtCav c�
RA.PIERSON,SECRETARY MIKE MCGAVICK,PRESIDENT
CERTIFICATE
Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
'Article V, Section 13. - FIDELITY AND SURETY BONDS ...the President, any Vice President,the Secretary,and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not
be necessary to the validity of any such instrument or undertaking?
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
'On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V,Section 13 of the By-Laws,and
(ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof.'
I. R.A. Pierson. Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a
Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the
Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation
this 7th day of September . 2001 .
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SEAL
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• R.A.PIERSON,SECRETARY
5-1049/FNEF 7/98 �•
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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2 Description of Attached Document s
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01997 National Notary Association•9350 De Solo Ave..P.O.Box 2402•Chatsworth,CA 91313.2402 Prod.No.5907 Reorder.Call Toll-Free 1.80G8766827
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT.AND WAIVER OF
SUBROGATION AND CONTRIBUTION
TITLE OF PROJECT OR WORK:1 zth & 1 4th and 14th and 15th Street Alley
Indemnitor(s)(list all names): Improvements
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend,
protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys,
agents. employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any
and all damages, costs, expenses, liabilities, claims, demands, causes of action. proceedings, expenses,
judgments, penalties. liens, and losses of any nature whatsoever. including fees of accountants. attorneys.
or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to
arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act.
error, or omission of lndemnitor or any of its officers, agents, servants, employees, subcontractors,
materialmen, suppliers or their officers, agents. servants or employees. arising or claimed to arise, directly
or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract,
agreement, license, or permit (the "Agreement") or the performance or failure to perform any term,
provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity
provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by
Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity
provision shall survive the termination of the Agreement and is in addition to any other rights or remedies
which lndemnitees may have under the law. Payment is not required as a condition precedent to an
Indernnitee's right to recover under this indemnity provision, and an entry of judgment against an
Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision.
Indenmitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this
indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to
encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying
Agreement is subject to Civil Code § 2782(a) or(b) the contracting public agency's active negligence to the
limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is
effective without reference to the existence or applicability of any insurance coverage which may have
been required under the Agreement or any additional insured endorsements which may extend to
Indemnitees. lndemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all
rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties,
from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on
behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by
the Indemnitees. In the event there is more than one person or entity named in the Agreement as an
Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint
and several.
"Indenuritorr'//
Name ___ °6 &t.oS • .L$Jc Name: •
By:
ts Its
9
Sep 06 01 07: 10a majichhrosinc 6263989920 p. 5
•
• •
ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY
Mauch Brothers, Inc. , P.O. Box 337, Altadena, CA 91003-0337
Name and address of named insured("Named Insured"):
Evans •n n - tit!.• -• L•41 _ - • T, 60015
Name and address of Insurance Company("Company"):
OFFICIAL TITLE OF PROJECT: 13th & 14th Street Alley Improvements
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the"Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows:
1. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are
additional insureds (the above named additional insureds are hereafter referred to as the "Additional
Insureds") under the Policy in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability
for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,
and no other insurance maintained by the Additional Insureds shall be called upon to contribute with
the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against
• whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured
under the policy against another insured under the policy. All such claims shall covered as third-party •
claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as
provided tender the policy.
5. The insurance 'afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained in or executed in
conjunction with the written agreement(s) or permit(s) designated above, bet'seen 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, front all claims, losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described Generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior,
concurrent,or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity,
construction,interpretation.and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
Director of Public Works
City oi Seal Beach
211 8th Street
Seal Beach CA 90740
16
Sep 06 01 07: 10a majichbrosinc 6263989920 p. 6
• •
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be
held to waive, alter or extend any of the limits. agreements, or exclusions of the policy to which this
endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/f0 02/24/01 - 02/24/02 LIABILITY $1 ,000,000 ea. occ.
$2,000,000 gen'l agg.
I I. Scheduled items or locations are to be identified on an attached sheet. The following inclusions
relate to the above coverages. Includes:
Contractual Liability Explosion Hazard
Owners/Landlords/Tenants Collapse Hazard
Manufacturers/Contractors Underground Property Damage
Products/Completed Operations
Broad Form Property Damage
Extended Bodily Injury
Broad Form Comprehensive
General Liability Endorsement
12.' A X deductible or self-insured retention (check one) of $ 2,500.
applies to all coverage(s)except: none
•
_ (if none, so state). The deductible is applicable per claim or per occurrence(check
one).
13. This is art X occurrence or claims made policy(check one).
•
14. This endorsement is effective on 09/06/01 at 12:01 A.M. and forms a part
of Policy Number 01 GLP1004452
I, Daniel E. Marrs. CIC (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 September 6, , 2001
-A44e 2 Z
Signature of Authorized Representative
(Original signature only; no .facsim-ile signature or initialed signature
accepted)
Phone No.: ( 760 ) 804-0402
• 17
Sep 06 01 07: 11a majichbrosinc 6263989920 p. 7
•
• •
ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY
Majich Brothers, Inc. , P.O. Box 337, Altadena, CA 91003-0337
Name and address of named insured("Named Insured"):
SAFECO Insurance Company, 17570 Brookhurst St. , Fountain Valley, CA 92708
Name and address of Insurance Company("Company"):
OFFFICAL TITLE OF PROJECT: 13th & 14th Street Alley Improvements
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 wider 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:
Director of Public Works
City of Seal Beach
211 Sth Street
Scal 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.
18
Sep 06, 01 07: 1la majichbrosinc 6263989920 p• 8
•
•
TYPE OF COVERAGES TO WHICH POLICY PERIOD 02/24/01 to 02/24/02
LIMITS OF FROM]TO
THIS ENDORSEMENT ATTACHES
LIABILITY
$1 ,000,000 Combined Single Limit
Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to
the above coverages. Includes:
Any Automobiles
All Owned Automobiles Simistaaribuchot
Non-owned Automobiles AkttbnitothanxIbfxrpoWc
Hired .Automobiles
xSathstagaCtWelmthactr
11. A deductible or self-insured retention (check one) of $ none applies to all
coverage(s)except: none
(if none,so state). The deductible is applicable per claim or per occurrence(check one).
12. This is anX occurrence or claims made policy(check one).
13. This endorsement is effective on 09/06/01 at 12:01 A.M. and fonns a part of Policy
Number BA8159753B
t,
Daniel E. Marrs, CIC (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-
Se September 6, , 2001
Executed (Nt��t�P
Signature of Authorized Representative
(Original signature only; no facsimile signature or initialed signature
accepted)
•
Phone No.: (760 ) 804-0402 —
19
Sep• b6 01 07: 11a majicFbrosinc 8283909920 p. 9
• •
ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY
Malich Brothers, Inc. , P.O. Box 337. Al<tadena, CA 91003-0337
Name and address of named insured("Named Insured"):
General Security Insurance Company, Two World Made Center, New York, NY 10048-2495
Name and address of Insurance Company("Company"):
OFFICIAL TITLE OF PROJECT: 13th & 14th Street Alley Improvements
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
"Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows:
1. The City of Seal Beach,its elected officials,officers, attorneys, agents,employees, and volunteers
are additional insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds")
under the Policy in relation to those activities described generally above with regard to operations performed by or
on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or
assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the
insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one
insured under the policy against another insured under the policy. All such claims shall covered as third-party
claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this
provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
i. 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
indenmifica-tion and/or hold harmless provision(s) contained in or executed in conjunction with the written
agreement(s)or pernit(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 tharo thirty (30) ays prior
ao htioithle
effective date thereto. In the event of Company's failure to comply P
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.
S. 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.
•
70
Sep, 06 01 07: 12a majichbrosinc 6263989920 p, 10
• •
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
Director of Public Works
City of Seal Beach
211 8th Street
Seal Beach CA 90740
10. Except as stated above and not in conflict with this endorsement,nothing contained herein shall be
held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which
this endorsement is attached.
TYPE OF COVERAGES TO WHICH
POLICY PERIOD
LIMITS OF FROM/TO 02/24/01 to 02/24/02
THIS ENDORSEMENT ATTACHES
LIABILITY
$4,000,000
Following Form
Umbrella Liability
10. Applicable underlying coverages:
POLICY NO. 01 GLP1004452
INSURANCE
AMOUNT $1 ,000 0 0/$21, Insurance Co.
000,000
11. The following inclusions, exclusions, extensions or specific provisions relate to the above
coverages:
Total Pollution Exclusion
12. A deductible or x self-insured retention (check one) of $ 10,000
(if none.
applies to all coverage(s)except:
so state). The deductible is applicable per claim or x per occurrence(check one).
13. This is an x occurrence or claims made policy(check one).
14. This endorsement is effective on 09/06/01
at 12:01 A.M. and forms a part of
Policy Number CE90000500 —
Daniel E. Marrs CIC
1.
(print name), hereby declare under
penalty of perjury under the laws of the State of California, that l have the authority to bind the Company to this
endorsement and that by my execution hereof, I do so bind the Company.
Executed September 6,
gX 2001
7):)/ , / .4 A ie
Signature of Authorized Representative
(Original signature only; no facsimile signature or initialed signature
accepted)
PhoneNo.: (760 ) 804-0402
21