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HomeMy WebLinkAboutAGMT - Nobest Inc (4th and Central Improvements)PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: C; �Y v �- fie,,,\ 6c— all 5 Cl� g 0 7 qu TITLE OF DOCUMENT: Recorded in the County of Orange, California Gar L. Gr anllllllllllllllllllllllllllllllll Clerk /Recorde r 111111 ►IIIIIIIIIIIIIIIIIIIIIIIIII m 09/02/99 2:21 19990639412 p 005 25017638 25 23 R28 4 6.00 9.00 0.00 0.00 0.00 12.00 ITHIS SPACE FOR RECORDER'S US J/75�7 L S`1 1 Li a Q 00 jq1 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) p 059 -TITLE PAGE (R7/95) WHEN RECORDED RETURN TO: RECORDING REQUESTED PURSUANT TO CITY OF SEAL BEACH CITY CLERK GOVERNMENT CODE SECTION 6103 211 8TH STREET SEAL BEACH, CALIFORNIA 90740 RESOLUTION NUMBER :�/1-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #803 CENTRAL AVENUE /4TH STREET ROUNDABOUT 1998/99, CONTRACT ENTERED INTO BET1'VEEN NOBEST wcoRPOF:ATED AND THE CITY OF SEAL BEACH. IF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, on May 24, 1999, the City of Seal Beach entered into a contract with # Nobest Incorporated for Central Avenue /4 Street Roundabout 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 $ 92„145.34. 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 is in the Office of the County of Orange within 10 days of the date of this resolution PASSED, APPROVED AND ADOPTED by the qty Council of the City of Seal Beach at a meeting thereof held on the X4d' day by the following VOW. AYES: NOES: ABSENT: Mayor STATE OF CALIFORNIA) COUNTY OF ORANGE) SS CITY OF SEAL BEACH) L Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number t on file in the office of the City Clerk, passed, approved, and adopted by the City Coup5d of City of Seal Beach, at a regular meeting thereof held on the. day of 1997. 1 %Yaty Clerk • 1 0, RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 8tn Street Seal Beach, CA 90740 Space of above this line for Recorder's use. * ** No Recording Fee Pursuant to Government Code Section 6103, 27383 * * ** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter 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; hi fee. The City of Seal Beach. 5. A work of im .Provement on the property hereinafter describe as completed on August 17, 1999 The work was: 4 Street and Central Avenue Improvement Project: #803 6. The name of the contractor, if any, for such of improvement was: Nobest Incorporated The date of the Contract was: May 24, 1999. 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: Intersection of 4 Street and Central Avenue. 8. The street ad ress or addresses of said property is: not applicable Date: g�3p� S of o r or rate offi ner 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 wider penalty of perjury the foregoing is true and correct. Executed on , 19 TL at Seal Beach, California. (DA of Signature) rector of Public Works EXHIBIT "A° is{(J (t f / ( <d r e-, • • ermwita CintAnitc, Yt1aLn„4"-ii r�— ■ BOOKIIOFIlI CONTRACT DOCUMENTS DOCUMENTS TO SUBMIT UPON AWARD: PUBLIC WORKS CONTRACT, PERFORMANCE BOND, PAYMENT BOND, INDEMNIFICATION AND HOLD HARMLESS, LABOR LAW REQUIREMENTS, ACKNOWLEDGEMENT OF LICENSE LAW, WORKMEN'S COMPENSATION CERTIFICATE, ADDITIONAL INSURED (COMPREHENSIVE, AUTO,EXCESS FOR: 4Th STREET AND CENTRAL AVENUE IMPROVEMENT PLAN, PROJECT NO. 803 • These Contract Documents are the exclusive property of the Agency and shall not be used in any manner without prior consent of the Agency.Any reuse of these plans and specifications by Others shall be at Other's sole risk and without liability to the Agency. CITY OF SEAL BEACH - 211 EIGHTH STREET -SEAL BEACH, CA 90740-6379. 1' • 4n/STREET AND CENTRAL AVENUE IMPROVEMENT PLAN,PROJECT NO.803 • For 4'H STREET AND CENTRAL AVENUE IMPROVEMENT PLAN,in the City of Seal Beach. cad THIS AGREEMENT, made and entered into this a.- day of , 19 by and between the City of Seal Beach, California, hereinafter referred to as the "C t Party of the'Fnst Part, and #t%UY d' .� `'' • hereinafter designated as the CONTRACTO• "Party of the Second Part. WTINESSETH: That the Parties do hereto mutually agree as follows: ARTICLE L 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 4m STREET AND CENTRAL AVENUE IMPROVEMENT PLAN,and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in the Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore(except those materials expressly noted as to be furnished by the CITY), and to do everything required by this Agreement and the said Specifications, Drawings, and Contract Documents. ARTICLE 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 pate 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 VL 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. • IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above written. CITY OF SEAL BEACH,CALIFORNIA Party of the F. Part BY 144-0. City Manager ATI ST �� /City lerk BY CO CTOR j P f the Seoon art -PRESIT> Title 7,p,•h1576 611-1- 1 IBS;rY) ; CA 724013`1 Address • . • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 ( l�flflf-rif./Y1. '.e�fflJJ1111./f./f�-/ll/ ../Z/Zl./lf f./ffll.I."fff�flfllJf!./•am' It State of ralifornia t� County of Orange — 1 On 6-7-99 before me, David E. Poole , Notary Public DALE NAME.11ILE OF OFFICER•E.G,'JANE DOE,NOTARY PUBLIC' 1S personally appeared Larry Nodland , `»11 kNAMEIS)OF SIGNEFI(S) t1 © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are 0 subscribed to the within instrument and ac- knowledged to me that he/she/they executed g the same in his/her/their authorized q ,• "' DAVID E. POOLE capacity(ies), and that by his/her/their■ �., ,:;:e,,:,-,. Commisron#1142095 P° Notary Public-Califomla� signature(s) on the instrument the person(s), '- i `` ORANGE County y .a or the entity upon behalf of which the -71:;.,.. " •.; ay/ My CommExplresJun 14,2001 ` person(s) acted, executed the instrument. ti 0 W ESS my hand and official seal. 0 \ .__. . ZR....C.......„. S SIGNATURE OF NOTARY l `l 1111 ' . ,. : ,� '. ,.- ' _ . y - :.-. ', OPTIONAL mikilswingnivanximunriss 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. N g CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o) ❑ INDIVIDUAL 5 0 El CORPORATE OFFICER R Contract Agreement 0 President IIiLEIS) TITLE OR TYPE OF DOCUMENT ,� ❑ PARTNER(S) LI LIMITED 0 • ❑ GENERAL _- 1 ❑ ATTORNEY-IN FACT NUMBER OF PAGES 1 ❑ TRUSTEE(S) 11 ❑ GUARDIAN/CONSERVATOR 8 111 OTHER: - — ----_ --- - - . — --- -- DATE OF DOCUMENT SIGNER IS REPRESENTING: 0 5 NAME OF PERSONS)OR ENTITY(IES) ,0 ll --- - ---- - -- SIGNER(S)OTHER THAN NAMED ABOVE 0 1111✓lIl-/ll�f/fffJ�1'i' fl/'iIllflfll�L//flf./lJIIJ/�' f./f.I f.�ffll� �./f lflffl.JT ©I993 NATIONAL NOTARY ASSOCIATION•0236 Fie n,mel Ave.P.O.Box 7184•Canoga Park.CA 91309-7184 I • Bond No. CC 9119 PREMIUM: 985.UO PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach has awarded NOBEST INCORPOkA1ru 7600 ACACIA GARDEN GRO'E, CA 92684 (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: 4TH STREET AND CENTRAL AVENUE IMPROVEMENT PLAN IN THE CITY OF SEAL BEACH PROJECT NO. 803 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 CONTRACTORS BONDING AND INSURANCE COMPANY 23172 PLAZA POINTE DR1VE NO. 185 LAGUNA HILLS, CA 92653 (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 1 Public Agency coin the penal sum of NINETY—EIGHT THOUSAND FOUR HUNDRED Dollars (s 98,498.00 ), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Priricipral,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 pan to be kept and performed,all within the time and in the manner therein specified,and in all respects according to their tare intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided,then this obligation shall become null and void;otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the cowl. FURTHER,the Surety,for value received,hereby stipulates and agrees that no change, extension of time, alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder, or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby waive notice of any such change,extension of time,alteration,addition,or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and • • — Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: JUNE 7, 1999 "Surety" NOBEST INCORPORATED CONTRACTORS BONDING AND INSURANCE COMPANY By: • - By: rTil�O,.• �� - Its ATTORNEY IN FACT By: By: Its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. • • 0 0 . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 r'lt--- ,- 1l1'/1. 'Ar././l./J.Cllll/ll�J1111I1J- --:'Ze-�✓llfll�1J"JlflllllJ!..../r."'" • N 1 State of California - County of Orange 0 a On 6-7-99 before me, David E. Poole , Notary Public DALE NAME.1IILE OF OFFICEr)•E.G.,-JANE DOE,I./MARY PUBLIC- h personally appeared Larry Nodland , ,l NAME(S)OF SIGNENI(S) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence A to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- t\ knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their ' 1 --- --., - +�. DAVID E. POOLE Y signature(s) on the instrument the person(s), py •� � Commrslon 1142095 t° •.o--A-k4 NotaryPubfic-Caiifomla� or the entity upon behalf of which the •-s M' -•-• ' ORANGE County person(s) acted, executed the instrument. 1 ,,. MyCommExp)resJun 14,2001 •a l 1r i WITNESS my hand and official seal. t, A _ l llll l 'ME SIGNn'ME OF NOTARY 1 ....y OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent y1 fraudulent reattachment of this form. 0 ■■ CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT l` 1 ❑ INDIVIDUAL 1 iS El CORPORATE OFFICER o Contract Bond o President TITLE OR TYPE OF DOCUMENT in LE(S) 1 1 ❑ PARTNER(S) ❑ LIMITED L ❑ GENERAL l` ❑ ATTORNEY-IN-FACT NUMBER OF PAGES 1 El TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR 1 ❑ OTHER: DATE OF DOCUMENT — -- - ---- 11 SIGNER IS REPRESENTING: g NAME OF PERSONS)OR ENIITY(IES) ------ - - - SIGNER(S)OTHER TI IAN NAMED ABOVE 1111 --- `� ✓r-. -- //l/fl-fll-loll .!/lf./l.//f/flli"l_ -l./'ll 11'./-- :./.—11lJJl ././lJJJ l 01993 NATIONAL NOTARY ASSOCIATION•0236 neuimrel Ave..P.O Box 7184•Canoga Park.CA 91309-7184 • • • ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On JUN 0 7 1999 before me, CHRISTOPHER J. COATS, NOTARY PUBLIC Date Name,Title of Officer-e.g."Jane Doe, Notary Public" personally appeared LINDA D. COATS Names(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 on behalf of which the person(s) acted,executed the instrument. Witness my han' and official seal, ' .. CHRISTOPHER J. COATS COMM. # 1103462 > NOTARY PUBLIC CALIFORNIA - ,� '� -i ORANGE COUNTY Expires��� ,.�4 My Comm.Expires July 15,2000 SI store of Notar, ATTENTION NOTARY: Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE-DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER Individual(s) _Partner(s) _Attorney-in-Fact _Corporate _Other Officer(s) Title(s) SIGNER IS REPRESENTING: Name of persons or entity(ies) • • — PAYMENT BOND BOND NO. CC 9119 (LABOR AND MATERIALS) PREMIUM: INCLUDED KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded to NOBEST INCORPORATED 7600 ACACIA GARDEN GROVE, CA 92684 (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: 4TH STREET AND CENTRAL AVENUE IMPROVEMENT PLAN IN THE CITY OF SEAL BEACH PROJECT NO. 803 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 Print and CONTRACTORS BONDING AND INS 'NCE uurwANY 231 • r . • " E IR E NO. 165 LAGUNA HILLS, CA 92653 (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 NINETY—EIGHT THOUSAND FOUR HUNDRED NINETY—EIGHT AND NO/100 Dollars (S 98,498.00 this amount being not less than fifty percent (50%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made,we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code,or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract,or for any amounts equired 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. 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: JUNE 7, 1999 "Principal" "Surety" NOBEST INCORPORATED CONTRACTORS BONDING AND INSURANCE COMPANY By: _ iamb. _ - By: _ ® ' �� Its ATTORNEY IN AC 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 ACKNOWLEDGMENT no 5907 (rl�ll✓l/ifll111.I/11IJ.��lllllJl.�llll� Ill./lfll�././llJ./1-/Zollllllllll—' - ' N N State of- California • ii County of Orange 0 ■ 8 (�l On 6-7-99 before me, David E. Poole , Notary Public , 0 11 DAIE NAME,11ILE OF OFFICER•E.G.,'JANE DOE,NOTAIIY PUBLIC' t� personally appeared Larry Nod land - , l� 1) NAME(S)OF SIGNER(S) 11 © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence 0 to be the person(s) whose name(s) is/are g subscribed to the within instrument and ac- knowledged to me that he/she/they executed 0 the same in his/her/their authorized S capacity(ies), and that by his/her/their i __ — signatures) on the instrument the person(s), , .. DAVID E. POOLE or the entity upon behalf of which the o -�� ,.*. Commislon#1142095 a y p �.M lilt..ANotary Public-Califomla� person(s) acted, executed the instrument. . ORANGE County ,a l � .»..4. � .,;yrorl.r�Exp�resJun 14 2001 l WI ESS my hand and official seal. o o Ih ''',‘ ti 9I(�NA IURL OF NUTAHY 8 0\ N ll Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent IN fraudulent reattachment of this form. 8 ■ CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT l El INDIVIDUAL 1 A El CORPORATE OFFICER Contract Bond - 1 President TITLE OR TYPE OF DOCUMENT 1 IIILE(S) ' ❑ PARTNER(S) ❑ LIMITED 0 ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES g l ❑ TRUSTEE(S) 0 1 ❑ GUARDIAN/CONSERVATOR ❑ OTHER: - -- ----- --- 0 DATE OF DOCUMENT tR --- - - ----- 1 SIGNER IS REPRESENTING: 0 NAME OF PERSONS)OR ENIITY(IES) 1 ,i ----- - -- — SIGNER(S)OTHER THAN NAMED ABOVE Ill - - -- ` ✓Jll-/llllll./lllll Jlllfll/llll�t/J.�//ll1ll./1'llll/./'1./✓Illll -s — llllllJa ©1993 NATIONAL NOTARY ASSOCIATION•0236 Rommel Ave..P.O.Box 7184•Canoga Palk.CA 91309.7184 *St • • • • • ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles - On JUN 0 7 199 before me, CHRISTOPHER J. COATS, NOTARY PUBLIC Date Name,Title of OMcer-e.g."Jane Doe, Notary Public" personally appeared LINDA D. COATS Names(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 on behalf of which the person(s) acted,executed the instrument. Witness my and and official seal, f ' . RlsTHETcl OA TS ,., , COMM.# 1103462 � NOTARY PUBLIC CALIFORNIA N II ..�r ORANGE COUNTY . '1!: My COMM.f OMS July 15,2000 4ijJij/f O 1_ tore of N ATTENTION NOTARY: Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER _Individual(s) _Partner(s) —Attorney-in-Fact _Corporate _Other Officer(s) Title(s) SIGNER IS REPRESENTING: Name of persons or entity(ies) •i, °;0°°°�o.oo°O o°00000 o^OO°000 o° °o o ..o�OO o 0 0 0�°° o∎,<°°OOO°o °0 0^0 0;:°^►° o°oo° °0:. °�:o:°o°.° o 0000 0^004 4:°,,` o°O�°oo :° o°:o�o�o° oo o°o:::*:: "moo°,000ITrZ°oo°.00000° ° ° o°o::::,V° o°o �s:000°OO�� o°:::: ° ° ��o°oo .,e,e eBO,o°u�o°'o°o°O.o°o°o°oco°o°o°o°0 0 0°we°�i o°o°o°o°°o�o'o°o°�o°o°o°oo°OO°o°o°o°o °:moo°�o°o°o oo oo°�o°o°o°o°o°o°o °°°o°i o 0° °o°o°o°e°o°°0�0°00°o°o°coo°o�°OO°o°o i°o o°oe°c°o°o°o i°oco c°i°•o e°o ° e��oo°oo °o;vo da°g;o ai o o°o°o°o°o'o°o�o'o o o o o o°o o°oco',o°o°o°o o°o o°ova'o°o 4'0°0 410,�o p 0o o°o°o o°o o°:7a'e°o o°o'o o o`'ago p 0o°No o o`��:o�°°o°o°o°o o°o°p o7o p 0°°ao o o°�oco�°o°o°o°o c°o°�8�0'°0°0 0°0 0°0°�0�0 f°0 0°0'o o o"Ff i'o o°e°o o o°�o:1F0Z 0::0 lI °°°°�°'°oviiVVVGpo°o°'°avViVViiOoo°'° 44iVi ifi ooniii °, Wi/i MP VoVi40V,°o°o°'°oa°iiVOV °p°°`°$vn, p4° °oiiYM9.o° p0 °0p p0o °'ppp0 40 $° '°p0 °p°'o°0•° ° ,' (ii's �urrluui�uvrluru�rurluuirl�iu��ruiuiu����uluiVir�ruiuiViVuo�r�iuirVir�o�aiurlluuo��ra�arirVlV�ViViVi4�o�ararVi�iVli�ViViVi�io�orarQ�iu�ViViVi�° �o�4ii141VIVrViViki°,��is)) 1: • 00°00i 7�'r��y(r7I I7/�I7h ��7���) j'7I+�� \7�[��/� 7�7�'(}�� 7�7H� ((��\�'I�7I'�'''� 7�7��(���\�T \yT °.p00 ' /I'000 coo = 80/,/0.5 O IL111VJ11111 IEID 11 ® V V I I ®11 L ],111 iL OI NIE 11 -� °o0 p0o°o 1, uo. e°o° 0 : II1'°i U °;"I l i \ , o°o.. - INSURANCE -o °,00 e 4..%:,*.----::° °°0 °00,0 -�_ °i o°,.. 0 0 0 oo° ••' Not Valid for Bonds Power of Attorney l'``I':t`' Executed On or After: APRIL 30TH, 2000 Number: 569155 '°°I!I ';i ocoo.Str .oea°00000 ogz ::::::::.*/* , oo v -°•o r ,:: ' ll°oe000 READ CAREFUJ y= ex an came axo,r41 Dam ulloa ar &vxgrdiakiit I °, , °e0000 : A valid original of this document must be printed on security paper with black, blue, and red ink, and o (�I1,:oi must bear the raised seal of Contractors Bonding and Insurance Company(the ``Company"). Only an o0nQ il ■I'(°o;°_ unaltered original of this power of attorney is valid. If a photocopy, the word "VOID" should appear _o,:000 ; 000°00°4 clearly in one or more places.This Power of Attorney is valid solely in connection with the execution and ;°0000° °e°°o ,e _ o°o °°°°° delivery of the bond bearing the number indicated below, provided the bond is of the type indicated o4°° 1„ I,'((Iu'!. below, and is valid only if the bond is executed on or before the date indicated above. � ;'1i`) °o4°eo°° "a= F ,�":, a •' '•r 5rT IIII �y ,�n rpi +a�. ,u ro„w A . y 00000, oeo°,oo°o oo- �:.«.,.: C;�!' �'^ "• III 'k:-;:'744181.4j&_.. :,•�Iky,' �'�IiP° I c 01WI �, Itll�"„R9, . �� �+` '- - o 00000°e o° e .. Doll d-• .I, II'll"I. z4tio. •od '"re�•' °.00°° v KNOW, ALL NEN BY THESE sPRESENTS 'Chat°.the:Company,.does;A.her-eby+make,•,sconsti'tute` = o °,o° / o•oo ' r •�.. +,,._Xw,- .4,43 '.,,,, ,-,.. • - .', -0. 1@kt.1 ;i••t, 0 ", 'C+y ..1, 0 0 1,, Vii'` •and appoint`,thegfollowing:RDOVGL`'S;°,A:?' PP,.,,arid,�;LI D DA ccoATS it-s,, true and,,k. off. °4° ,1; '• „ I' ,,,,,o 0/ :lawful Attorney,t(•s)=isn Fact�•'Pwith�fullh,power;4and. authority herebconferred xn,, '. °'I ,,; ::°o°°° im a Af ^� J `”" .,,,r).-,..., 0 0 00 o°o°•o°o°:o� it 8i�1IISMHc,�iil,place and ste , to execute, ackn� and•?,deliver ornbe�hal'f'•of •theme _ 000 o,°,° °°°°• Coiiii an :% 1 an. and a13=bonds=and°suedertak n s-of sur'et. shi iven for':°an °°'° „p Y (� ) Y 1?��_�_ g. Y 1 g° $oo,o „' = .II I ..d•'d '•�X'Y 7�`_ --i�,'" _ - �r� �tl:.,s �� � A",�'�'��a 'm'lu"��.'.�i' ��0.1� 14 4,��W oo°° oi° ,, i `` purpose,, .provide8";'`however-, that nodsucli-per-son°=sha11-be suthorizedj to .execute III 61 t k � to°II) . ;1 1� and•lii'eliver• any,tbons,dr'^1.A ti t at'shal�l-aolil gate-the•?„C; any,'' or' any 'I ,'••.. " o 000° ;.; portion 'of .theme`penal s`um thereof.in excess of $-6 0-0.0jt0;0°0,, ando,,providedi ,f.;, y,,', _ e°.;° ,„:„.::::*-..,t;er V -- ;f �� - -, �: 'i',.• • Pu.. � o°co°c.. °`°; •further `that:no'Attme in Fact sha�11 have-ithe authority to,:is•sue'r' Ili o, - a bd`:•ork;, 04° , 00 o v- .Le• „ %.„,,,,,, ;r L. �„• ,k .••�:s,',�-, ;�,•c• ;ajr,�.� •,r�y.�l''�.' 4 v., lily _ , • ;'Iii; proposal bond ; or. any prof°ect:4where, •f a�'contract ins 'awarded*,3r ny bond, or .4,.•^,+ °°°° ,; .0 4,.:.:1-, undertaking would;be tirequired';w th"pera). •siime n'exees's;;o $;6;,;0000;,,000; aad' e2�j°�'-` P'liii,,•\ consents 'i'releases andtz other'-similar d cansients+4required 'by;•an obligee under a.„e o,°, 0 0 0 0°°°°� consent �'lllll, �- r'-�Z 'k\ � ••O�2 ��� i' ,^ '§.'� 'v.i.`•.VFy�.;',f•I o 0 ,eoo 0 0°0 �' Iv,. d'c h• p:.�- `-__ �` t. :::::;$:::** o °°°• coa'tract Ilbondedsby �th�Company`��Ths�appontments' inad'e under• the-aut>zority„�of , ' .0000 0- 91k, u"lii: u.l • r ' f the ailta-_- - -# ,ate`.— ��.•a. .1.— ,•t`, °•.. .'on�„,4 ' n. ;”' , ":'11 f� --. °o°o°° . !,, '° - the ,Board,�of Di33rector°s -ofsthe�Compaay= _�, ,,'' m,., ,, �n1 - ��� ,;:• _ ,. ..�. M,;, `r I�,�q° v�.�r� y, g °t-'s_-t-'' Y `•3; �. lk., .%n-.161Iw 1u�'.``,5' 0 0 0, ;;‘.0 v_ �i; w,m�.l' �! 'mss^•�� �k .�� �: � _ _3�. t \‘‘._ :���)- ---- I nW�i. r c°o° ° -- -,Illiyi -- k} - _�. . ai€ar;Y.- =' C>:'s;t`, kl V74lnl,�,' liq _ °coo0 4 000 0°0°0 7 3= '� NS$ -., a `7 y p p�, l - 0 0 0 0 ,0a° 000e°°_ ,,��+•. -I��IIyi., !'�`•;� '�+': " fib`'- -- -�'L�"fi, 1`sF»v�i.."':'�Illmfiui� i'''.�I�Ik+l61!„9,n+,�^e �'�." _o ooOOO,00 c°00000 ,'; z'%,A, X_lt r �7r s, - _ '� 3: ,o , ;Y.1,� 111.RY.w, a Wu� i'i ..' i 400°ao,o �, I - �.,.- .r rs�' y o�,a� •gyp`$ > �si..�,�e. §yt+\°.`,�; e�u`•.' �- -.y� o ' '' yll,,�d .--,\ ---- .i. ---� —`-L_ _<_.' 7..3.,�a�—'� _ £.,.. :11_2 :eLl.�`•,v't� _ .Ar.Vvt.'L:` ":• 3:40, 'C !,s�.t"N•• ° is• ;io'°000co:� ,. s .J,,..c +�I•K `. ����A,kt.I.��.Y t gs-' `: \ �Fi �°`, oaliS6)� ..'�A'i,t "" r /a o11�1 ii . yet Y`•-�• w;�; ��,r °��., '°.f+BiF' ".akR� �k•�Ciw�' �' l�','� �� �..e wl�•e'��t ,� ,•!.!i4,�,•:y�c+;i# �I I, 00o.o°o°v_ — ' e t i=' «°_'-['• " ';;7j.;:-.;-", "•G 4': r aVg.`l., ''�" x. `'-:,',S• ,<15.14'etirim4°�`1.<r.`W.°.�c�' 'w°5` c`0.41d"`(l:'Clb'14"-:,i!a.'• ,•.i N:'`,: _ o°o:°°o 000 °,`,../..`<*.° _ w= •..-, II 'IW'.II i -•;� h'. o "',^"Y - c �.. m, a _ ,o o - _--�.�_:_��_ "' '�.r.,•:,�t .b'� .III..";: :',:mgr ... au, ,�•� .i.•I"., •,"�.� ;'�. s• �.�r"�..4�=.�� A.4_o .i o ooa,° :; (110 J.,iiH ,: °° CEIRTII CATE o ; . 4°0°000 os_ Q p000°,° , oo _ °° °`40°° oov �e°o°°°°a° I the undersigned secretary of Contractors Bonding and Insurance Company, a °°° �(f!!col Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full !!i)))';:. <o 000: force and effect and has not been revoked, and, furthermore, that the resolutions of the o °:,000; 000C,eoo ooc0,o Board of Directors set forth on the reverse are now in full force and effect. 6411r 'l; CC 9119 . :: Bond Number _:_:,.::,...,..,„!°° , o°°:: v ,.....4414,4:-;14,14.4.xk _o °° "' J Signed and sealed this 7TH a of JUNE 19 99 . �= • • . , Certificate of Appointment and Resolutions of the Board of Directors . • The undersigned President and Secretary of Contractors Bonding and Insurance Company hereby certify that the President has appointed the Attorney(s)-in-Fact identified on the front side of this power of attorney, under and by the authority of the following resolutions adopted by the Board of Directors of Contractors Bonding and Insurance Company at a meeting duly held on December 15, 1993: RESOLVED, that the CEO, President, CFO, any Vice President, Secretary or any Assistant Secretary, and any other employee as may be specifically authorized by a particular board resolution (hereafter "Authorized Officer or Employee") may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and any Authorized Officer or Employee may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company: (i) when signed by the Authorized Officer or Employee and attested and sealed(if a seal be required); or (ii) when signed by the Authorized Officer or Employee, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in- fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER,that the signature of any Authorized Officer or Employee and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking, recognizance, or other suretyship obligations of the Company (unless otherwise specified in the power of attorney itself); and such signature and seal when so used shall have the same force and effect as though manually affixed. RESOLVED FURTHER,that all previous resolutions of the Board of Directors concerning powers of attorney and attorneys-in-fact remain in full force and effect; that all forms of powers of attorney previously or in the future approved by the Board of Directors, including,but not limited to, so called "fax or facsimile powers of attorney", where the entire power of attorney is a facsimile, remain in full force and effect; and that one form of a power of attorney may be attached to one bond (for example, the form for which this resolution is a part may be attached to a bid bond), and another form of power of attorney may be attached to another bond(for example, a fax power of attorney may be attached to the final bond for a project for which the different form of power was attached to the bid bond) without affecting the validity of either power of attorney or bond. IN WITNESS WHEREOF, Contractors Bonding and Insurance Company has caused these presents to be signed by its president and secretary, and its corporate seal to be hereunto affixed this 1st day of Jan ary, 1994.• State of Washington Steven A.Gaine. Attest: Kevin L. Lybeck,Secretary County of King On January 1st, 1994 before me, Molly A. Hudspeth Notary Public, personally appeared Steven A. Gaines and Kevin L. Lybeck, personally known to me to be the persons whose names are subscribed to the within instrument,and acknowl- edged to me all that they executed the same in their authorized capacities and that by their signatures the entity upon behalf of which they acted executed the instrument. N WITNESS my hand and official seal. OFFICIAL S I1 MAYA.HUDSPETH t fthlic-Rata Of Washington Signature - _ (seal) Co�m,:sbnfxpa�esi-9-01 \lull■ \. Ili dsj)eth. Not, Public } • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION 4TH STREET AND CENTRAL AVENUE IMPROVEMENT PLAN,PROJECT NO.803 Indemnitor(s)(list all names): iNiet•3L ST -,rJGd .Pc r�n.Tr) To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect,indemnify,and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments,penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise,directly or indirectly, out of, in connection with, resulting from, or related to any act,failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen,suppliers or their officers,agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any 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 whin .,may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor,on behalf of itself and all parties claiming under or through it,hereby waives all rights of subrogation and contribution against the Indemnitees,while acting within the scope of their duties, from all claims,losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior,concurrent,or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor" Name fo'12 S-- ci f a. Name: • By: By: Its • • . "_ AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS • [Labor Code g§1720,1773.8,1775,1776,1777.5,1813,1860,1861,3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720)of the California Labor Code relating to public works and the awarding public agency("Agency")and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall,as a penalty to the Agency,forfeit not more than fifty dollars($50) for each calendar day,or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1)keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records.The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall,as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is-wquired or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2,Part 7,Chapter 1,Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861,Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provisions before commencing the performance of the work of this contract" • Date - Signature C..) :a--1:7 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS'LICENSING LAWS [Business&Professions Code§7028.15] [Public Contract Code§20103.5] I,the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given,hold a currently valid California contractor's license as set forth below: Business&Professions Code§7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months,or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However,at the time of making a bid as a joint venture,each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render sevices within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies,a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies,the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties,appeal,and finality of such citations shall be subject to Sections 7028.7 to 7028.13,inclusive. Any contract awarded to,or any purchase order issued to,a contractor who is not licensed pursuant to this chapter is void. • (t) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within • • • three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code§20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However,at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including,but not limited to,any appropriate disciplinary action by the Contractors'State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License no.: .55'1(022_ Class: A Expiration date: r7-31 -D v Date 6 7- Signature ACORD CERTIFICAV LIABILITy uNsu - -NCE DATEitawm-6 FAX (949)852-1131 PRODUCER (949)852-0909 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4ilestone Insurance Brokers HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 19598 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Eight Corporate Park, Ste 130 COMPANIES AFFORDING COVERAGE � Irvine, CA 92623-9598 com� Reliance Insurance Company Attn: Sara Achziger Ext: 206 C°1 NY INSURED --- - — — COMPANY Reliance Insurance Company Nobest Incorporated P. 0. Box 874 compwwY California Compensation co. Westminster, CA e2684 COMPANY COVERAGES THIS IS TO CERTIFY THAT 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 TOmmICHnHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND oowonnomoop SUCH pouC/sn uMnanxoxwNMAY HAVE BEEN REDUCED orn«mCLAIMS CO TYPE POLICY POLICY EFFECTIVE POLICY EXPIRATION UMITS LTR uxnE(mMImunY) uArs(mmmDInn GENERAL LIABIUTY GENERAL AGGREGATE $ 2,000,000 X omwmsncwuoswsmmLmo/Lnv PRODUCTS'uompm �COMP/OP $ 1,000,000 CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $ 1,000,000 A 08/03/1998 08/03/19ee OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE w 1,000,000 ---' FIRE DAMAGE(Any one fire) $ Sn,000 wsoEXP(Any one person) * Excluded AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT * X ANY AUTO ' 3-.o00,000 ALL OWNED�m ''— SCHEDULED AUTOS (Per person) o PX8573157 08/03/1998 08/03/19e9 HIRED AUTOS BODILY INJURY wow*vNsoAonm -- -�` PROPERTY DAMAGE � GARAGE LIABILITY xuro ONLY'sxACCIDENT * ANY mn������� --'------------- EACH ACCIDENT $ AGGREGATE * mCESSuAaLnY EACH OCCURRENCE * 1,000,000 A X UMBRELLA FORM sx3013712 08/03/1998 08/03/1999 AGGREGATE $_ _1,o0y/0o0 OTHER THAN UMBRELLA FORM � p WORKERS COMPENSATION AND ' � ' ` ������ � �� EMPLOYERS'LIABILITY ------------ EL EACH ACCIDENT $ 1,000,000 C rxcpnopm�om W98A183601 10/01/1e98 10/01/1999 EL POLICY * �n� ' 1,000,000 PARTNERS/EXECUTIVE / - -'- - -��� OFFICERS ARE EXCL sL DISEASE'sxEMPLOYEE * 1,000,000 OTHER Limit $100,000 Special Form Contractors Equipment ' ' A Leased/Rented slsooay«r 08/03/1998 08/03/1*9e $1,000. Deductible. Equipment DESCRIPTION ppppsmnIOwwLocxnowwwExICLswmpspmLITEMS See Attached Endorsements for Additional Insureds. 1E: Project w803. 4th Street and Central Avenoe' Improvement Plan. *Ten (10) day notice of cancellation for non-payment of premium or non-reporting of payroll . SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,ThE ISSUING COMPANY WILL ENDEAVOR TO MAIL °4o DAYS WRITTEN NOTICE TO ThE CERTIFICATE HOLDER NAMED TO ThE LEFT, City of Seal Beach BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABIUTY Attn: Director of Public Works OF ANY KIND UPON 7 7xoENTSoanEPmESENTATIVES 211 8th St. Seal Beach, CA 90740 Ronald Hoefer /WORD 254 ti/95i '49#11r1 ORPOWITION v Wind Wye n LJ_UI 11.1.Q/QUVQ0 UO/Ua/`J'`J' `J' :'FUAIYI .JUU 090 rage l/iu • • INSURANCE REQUIREMENTS FOR CITY OF SEAL BEACH PUBLIC WORKS CONTRACT LIABILITY INSURANCE The Contractor shall at all times during the terms of the Contract carry, maintain,and keep in full force and effect a policy or policies of comprehensive general liability insurance in which the City, along with its City Council and each member thereof,and every officer,official,agent,attorney, employee or volunteer of the City, is the named insured or is named as an additional insured with the Contractor in accordance with Section 7-3 of the Standard Specifications. The insurance company issuing such policy(ies) must be acceptable to, and approved by, the City Engineer and City Attorney. Contractor shall maintain limits of no less than One Million Dollars (S1,000,000)combined single limit coverage per occurrence for personal injury or death or property loss or damage which may arise from or relate directly or indirectly to the acts, operations or omissions of the performance of the Contractor and/or its subcontractors and/or the employees, agents, officers, officials or volunteers of either, in the performance of this Public Works Contract. Such insurance shall include coverage for all automobiles utilized by Contractoes or any subcontractor's employees or agents in the performance of the Contract. Contractor shall also provide an endorsement in substantially the form set forth below. ENDORSEMENT IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SEAL BEACH, ITS CITY COUNCIL AND EACH MEMBER THEREOF, AND EVERY OFFICER, OFFICIAL, AGENT, EMPLOYEE OR VOLUNTEER OF CITY SHALL BE NAMED AS JOINTLY AND SEVERALLY INSURED AS RESPECTS CLAIMS ARISING OUT OF THE FOLLOWING PROJECT: 4111 STREET AND CENTRAL AVENUE IMPROVEMENT PLAN,PROJECT NO.803 TT IS FURTHER AGREED THAT THE FOLLOWING INDEMNTTY AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE NAND INSURED IS COVERED UNDER THE POLICY: CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS CITY COUNCIL AND EACH MEMBER THEREOF AND EVERY OFFICER OFFICIAL, EMPLOYEE, ATTORNEYS, AGENT, AND VOLUNTEER OF CITY FROM AND AGAINST ANY AND ALL LIABILITY OR FINANCIAL LOSS RESULTING FROM ANY SUITS, CLAIMS, LOSSES OR ACTIONS BROUGHT AGAINST, AND FROM ALL COSTS AND EXPENSES OF LITIGATION BROUGHT AGAINST. CITY. ITS CITY COUNCIL AND ANY MEMBER THEREOF AND ANY OFFICER, OFFICIAL, EMPLOYEE, AGENT, ATTORNEY OR VOLUNTEER OF CI'Y WHICH RESULTS, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY WRONGFUL OR NEGLIGENT ACT OR OMISSION OF CONTRACTOR OR ANY SUBCONTRACTOR OR AN OFFICER,EMPLOYEE OR AGENT OF EITHER,OR ANYONE FOR WHOSE ACTS ANY OF THESE MAY BE LIABLE, WHILE ENGAGED IN THE PERFORMANCE OF THIS CONTRACT, EXCEPT WHERE SUCH LIABILITY OR LOSS IS SOLEY CAUSED BY THE NEGLIGENCE OR WIT ) FUL MISCONDUCT OF THE CITY. • ' " THE INSURANCE COVERAGE SHALL APPLY SEPARATELY TO EACH INSURED AGAINST WHOM A CLAIM IS MADE OR SUIT IS BROUGHT, EXCEPT THAT THE INCLUSION OF MORE THAN ONE INSURED SHALL NOT OPERATE TO INCREASE THE LIMITS OF THE COMPANY'S LIABILITY. THE INSURANCE COVERAGE SHALL NOT BE SUSPENDED, VOIDED, CANCELED, REDUCED IN COVERAGE OR IN LIMITS,OR OTHERWISE MATERIALLY CHANGED.UNLESS THIRTY(30) DAYS ADVANCE WRITTEN NOTICE BY CERTIFIED MAIL 'TURN RECEIPT REQUESTED HAS BEEN GIVEN TO THE CITY. EXCEPT 10 DAYS FOR NON—PAYMENT OF PREMIUM. THE INSURANCE COVERAGE PROVIDED BY CONTRACTOR AS SET FORTH HEREIN SHALL BE PRIMARY INSURANCE WITH RESPECT TO THE CITY, ITS CITY COUNCIL AND ANY MEMBER THEREOF, AND ITS OFFICERS, OFFICIALS. ATTORNEYS, AGENTS, EMPLOYEES Sent by: NOBEST 7143730039 06/03/99 9:41AM Job 646 Page 3/10 1 • AND VOLUNTEERS. ANY INSURANCE OR SELF-INSURANCE MAINTAINED BY THE CITY,ITS CITY COUNCIL OR ANY MEMBER THEREOF, OR ITS OFFICERS, OFFICIALS, ATTORNEYS, AGENTS, EMPLOYEES AND VOLUNTEERS SHALL BE IN EXCESS OF THE CONTRACTOR'S INSURANCE 4!:e• i" %► 001:V> *,iAt*s.tsi,:i4A�`s, t � 4 . ��).��` r.�rt:,,e �;•1' r.c •rir>1•:1 1./.(') t'Y't'! �'Q ! !`! J^'v�5»�'I:v:>%"i1,A.:4 -y�\`s:k-.7 114f.:1.AR:•A,:11�:')/'4,t:�Vl'►•:, INSURER WAIVES ALL RIGHTS OF SUBR•; ATION FOR LOSSES AGAINST THE CITY. ITS CITY COUNCIL OR ANY MEMBER THEREOF OR ITS OFFICERS, OFFICIALS, AGENTS. EMPLOYEES AND VOLUNTEER P.X 1(10 • S WORM'S COMPENSATION CERTIFICATE OP INSURANCE WHEREAS,the CiZY OF SEAL BEACH has required mrtam issuance o be provided by i NQBEST INCORPORATED, P.0. BOX.874, WESTMINSTER, CA 92684 NOW THEREFORE,the mdrtaigoed insurance company does bay certify that it has issued the policy or polities daoribed below to the following earned Msureds and that the nine are in trice at this time. 1. This certificate is Wand ttt CTLY OF SEAL BEACH.City Hall,211 EIGHTH STREET.SEAL BEACR, CA 907 379. 2. The iasurrds under such policy or policies are: NOBEST INCORPORATED 3. Wads Campensstion Policy or Policies in a(bon approved by the Insurance Commissioner of California covering all operation at the mused insureds,as follows! POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE _G;aaa 01 10/1/98 10/1/99 4. .tlast; and tail policy or policies shall not be canceled, voided or reduced in coverage or limits of liability. ' days advance written notice thereof has teen served upon the City Clerk of the SEAL BEACH. BY 1 ( 44.ok '' Its Au w c�winos Representative Sent by: NOBEST 7143730039 06/03/99 9:42AM Job 646 Page 5/10 • • ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY NOBEST INCORPORATED, P.O. BOX 874. WESTMINSTER, CA 97684 Name and address of named insured("Named Insured"): • Di :\fat 1►9 I:i k IF11∎41• ► .1 u. , Y_ :e e • •,.. • Name and address of Insurance Company("Company"): 412 STREET AND CENTRAL AVENUE IMPROVEMENT PLAN,PROJECT NO.803 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 ,c•4 1:4.'4 ."4; .€-i►(""k,,, <".),.g11.1�, yr+� 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual Liability insurance (subject to the terms, • conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or 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 cancellatioir, change in coverage, reduction of limits (except as the result of the payment of claims), or non-n:neal 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 REQUIRE 10 DAYS FOR NON—PAYMENT OF PREMIUM. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation,and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Public Works City of Seal Beach • 211 8th Street Seal Beach CA 90740 Sent by: NOBEST 7143730039 06/03/99 9:43AM Job 646 Page 6/10 • • - • 10. Except as stated above and not in conflict with this nothing of the contained herein wht this held to waive, alter or extend any of the limits,agree menu, or endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD 8-3-98/99 LIMITS OF$1,000,000 THIS ENDORSEMENT ATTACHES FROM/TO L�Q• $2,000,000 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ia Contractual Liability IX Explosion Hazard XIII Owners/Landlords/Tenants E Collapse Hazard IX Manufacturers/Contractors CC Underground Property Damage IX Products/Completed Operations 0 Pollution Liability R. Broad Form Property Damage 0 Liquor Liability tit Extended Bodily Injury 0 Q Broad Form Comprehensive 0 General Liability Endorsement 0 12. A 6 deductible or 0 self-insured retention (check one) of S 2,_S00 u� applies to all coverage(s)except: um's • •• . 9 r �_ M. ar. tr is us (if none, so state). The deductible is applicable 0 per claim or 0 per occurrence (check one). 13. This is an)l) occurrence or 0 claims made policy (check one). 14. This endorsement is effective on 6/8/99 at 12:01 AM. and forms a part of Policy Number S.33002947 I, RONALD HOEFER (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 JUNE 8, . 1999 • Signature of Authorized Represe? five • (Original signature only; no facsim-ile signature or initialed signature accepted) Phone No.: ( 949 ) 852-0909 Sent by: NOBEST 7143730039 06/03/99 9:44AM Job 646 Page 7/10 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY ei ■ a: r1.' . NO • • .a • ..N , Gr' • Name and address of named arced f'[:'ff'_! RELIANCE INSURANCE COMANY 26n1 MA TAT cT c TE 800, IRVINE, CA 72614 Name and address of Insurance Company("Company"): 417 STREET AND CENTRAL AVENUE IMPROVEMENT PLAN,PROJECT NO.803 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 Polity. 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 permits) designated above, between the Named Insured and the Additional Insureds. S. 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 legs than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comO y with this notice provision, the policy as initially drafted will continue in full force and effect until tOmpliance with this notice requirement.EXCEPT 10 DAYS NOTICE FOR NON—PAYMENT OF PREMIUM. 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. concur ent,or subsequent active or passive negligence by the Additional Insureds. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction,interpretation,and enforcement of this contract of insurance. This endorsement and all notices given hereunder shall be sent to Public Agency at Director of Public Works City of Seal Beach 211 8th Sheet Seal Beach CA 90740 Sent by: NOBEST 7143730039 06/03/99 9:45AM Job 646 Page 8/10 Ill • 7. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to . which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF AUTO LIABILITY FROM/TO 8/3/98 to 8/3/99 THIS ENDORSEMENT ATTACHES LIABILITY Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: At Any Automobiles ❑ Truckers Coverage ❑ All Owned Automobiles ❑ Motor Carrier Act ❑ Non-owned Automobiles ❑ Bus Regulatory Reform Act ❑ Hired Automobiles ❑ Public Livery Coverage ❑ Scheduled Automobiles ❑ ❑ Garage Coverage ❑ 11. A ❑ deductible or ❑ self-insured retention (check one) of S N/A applies to all coverage(s)except: (if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence(check one). 12. This is an g. occurrence or❑ claims made policy(check one). 13. This endorsement is effective on 6/8/99 at 12:01 A.M. and forms a part of Policy Number PX8573157 . I,RONALD HOEFER (prim name), hereby declare under penalty of perjury under the laws of the State of California,that I have th ,authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed JUNE 8 , 1999 Signature of Authorized Representative Act, 14 & (Original signature only; no facsimile signature o initialed signature accepted) Phone No.: ( 949 1 852-0909 Sent by: NOBEST 7143730039 06/03/99 9:45AM Job 646 Page 9/10 • ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY • Name and address of insured am InhWEIEW , eA 926 RELIANCE INSURANCE COMPANY. 761 ILA ■ ST , STF $00, IRATE, CA 92614 Name and address of Insurance Company("Company"): 471'STREET AND CENTRAL AVENUE IMPROVEMENT PLAN,PROJECT NO.803 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 arc 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. 1;j.4∎3•>!'4..l►,11. L9C9�'.:4 `33'!v•�Lir`its'`����,."!►•?*t,!�^t::.► �;,^f.^1 '.14:.�1��, XXXIMPEIVAMKkitiMMEI 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-patty 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. S. The insurance afforded by the Policy for contractual liability insurance (splzject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnifica-tion and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s)or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency,by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. EXCEPT 10 DAY NOTICE FOR NON-PAYMENT OF PREMIUM. 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. R. 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. Sent by: NOBEST 7143730039 06/03/99 9:46AM Job 646 Page 10/10 wr • • r .- 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 of the policy to which this endorsement is attached TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF FROM/I'O 8-3-98/99 THIS ENDORSEMENT ATTACHES LW3ELITY 1,000,000/1,000,000 C1C Following Form 0 Umbrella Liability 0 10. Applicable underlying coverages: INSURANCE COMPANY RELIANCE INS. CO. POLICY NO. SX3013712 AMOUNT 11. The following inclusions,exclusions,extensions or specific provisions relate to the above coverages: SUBSIDENCE, CARE, CUSTODY & CONTROL EXCLUSION, POLLUTION EXCLUSION, CROSS SUIT EXCLUSION. 12. A 0 deductible or 0 self-insured retention (check one)of S 10,000 applies to all coverage(s)except: (if none,so state). The deductible is applicable 0 per claim or 0 per occurrence(check one). 13. This is an j l occurrence or 0 claims made policy(check one). 14. This endorsement is effective on 6/8/99 at 12:01 A.l,and forms a part of Policy Number SX3013712 I, RONALD NOEFER (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 JUNE 8 , 19 99 � WJ 114.1 .4 ' Signature of Au 'Al. Representative (Original signature only; no facsim-ile signature or initialed signature accepted) Phone No.: (949 ) 852 0999-