HomeMy WebLinkAboutAGMT - Nobest Inc (12th Street Rehabilitation)PLEASE COMPLETE THIS INFORMATION
~ ' RECOR NG REQUES ED BY:
AND WHEN RECORDED MAIL TO:
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TITIf~t~f HCUf1AfNT: ~ ~j /~,~
Recorgegffin the county of orange, catifornia
II~IIIIIIIIIIIIIIIIIII~IIIIIIIIIIIII~IIIIIII~I Clerk/RecoNOeFee
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005 11008362 ,19980344486 @4:30PM 86/@2/98
R28 5 6.00 12.00 0.00 0.00 0.00 15.00
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~~ ~~~~~~
- THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE. FOR RECORDING INFORMATION
(Additional recording fee applies)
'0 059-TITLE PAGE (R7/95)
WHF.111 RECORDED RETURN TO:
CITY OF SEAL BEACH
2118TH STREET
SEAL BEACH, CALIFORNIA 90740
RECORDING REQUESTID P'[JRSUANT TO
GOVERNNlEIVT CODE SECTION 6103
RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCII. OF THE. CITY OF SEAL
BEACH DECZARING WORK TO BE COMPLE'1~ AS TO PLANS
AND SPECIFICATIONS FOR PRO,TF~C'I' X680,12TH STREET
REHABIIdTATION (OCEAN 1'O ELFrCTRIC) PROJECT, FY 1997/98,
CON'iZtACT E1VTF.RED INTO BETWEEN NOBEST INCORPORATED AND
'THE CITY OF SEAL BEACH.
THE CITY COUNCII. OF THE CITY OF SEAL BEACH .DOES HEREBY RESOLVE:
VV]HF1tEAS, on September 22, .1997, the City of Seal Beach entered into a contract with Nobest
Inooiporated, for n~oonstn~tion of 12th Stnaet Rehabilitation from Ocean to
F1ecCric.
WHEREAS, the City Engineer has submitted the approval of the final quantities and costs
figurES.
NOW, TIl[I~LEFORE BE IT RESOLVED by the City Council of the City of Seal Beach as
follows: -
1,. That the work requir+od t4 be performed by sazd Contractor has been completed.
That the total oust of said work is in the amount of S 267,069.87, and the Final
Contract Report is attached hen~o ss Exhibit "B".
~ ~: ~ 3. 'i'hat t1+~-, wrnlc is hereby accepted and approved.
Sion 4• It is further ordered that a "Notice of Acoephanoe", 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, APPROVID AND l~OP'IT'.D by th 'ty Council of the City of Seal Beach at a
meeting thereof held on the -~ day of ~ „r , 1998, by the following vote:
AYES: Councilmembers ~,1~~~~
NOES:
ABSENT:
A1'I'FSTt
Mayor
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SERI. BEACH )
I, Joanne M. Yeo, City Cleric of Seal Beach, do hereby oeatify that ~ ~8
resolution is the original Dopy of Resolution Number 4 on file in the office of the City Clerk,
passed, , and y the City Council Cit~+ f Seal Beach, at a regular meeting
theroold on the ~ v day of !, 1998.
CITY OF SEAL BEACH SIT "A"
OFFICE OF THE CITY CI~RK
2118TH STRF~T
SEAL BEACH, CA 90740
NOTICE LS HEREBY GIVFI~T that the ~ Council of City o Seal Beach, California, at
aJ~meeting thereof held on the ~~~ day of ~ , by Resolution Number
has and app~nved work performed the following project.
12TH STREET REHABIITTATION (OCEAN TO EL.EG'TRIC)
alp Imowra as:
12TH STREET' REHABILITATION
Project #680
under the contract her~ofore awarded by the City Council of the City of Seal Beach, California, to
Nobest Incorporated, consisting of the following worlG
12th Street Rehabilitation (Ocean to IIectric)
Contract Final Report is attached and marked Exhibit B. The interest of the City of Seal Beach in
the above real property is that of owner of pub 'c rights-of-way.
Q~ •
Dated at Seal Beach, California, this ~~ day of , 1998.
and ex-0fficio Clerk of _ City Council
City of Seal Beach, California 90740
STATE OF CALIFORNIA)
COUNTY OF ORANGE )SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, the duly elecxed, qualified and aching City Clerk and ex-officio Clerk of City
Council of the City of Seal Bead, California, do hereby certify under penalty of perjury that the
foregoing NOTICE OF ACCEPTANCE was duly and regularly ordered by said City oowicil to be
recorded in the office of the County Recorder of Orange County within 10 days after day of said
resolution.
vbC ) ,
Dated of Seal Beach, California, this ~ '" day of , 1997.
Cit~- of 8s~18eaeh
Aeee~eieM..: NM CoMfset Progress Report NO. FINAL
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1 Public Works Contract
1 . FY 97 -98 12TH STREET REHABILITATION
I For FY 97 -98 12TH STREET REHABILITATION, in the City of Seal Beach.
THIS AGREEMENT, made and entered into this 30 day of Sept , 19 97 by and between the City
of Seal Beach, Califomia, hereinafter referred to as the "CITY," Party of the First Part, and
I NOBEST INCORPORATED ,
hereinafter designated as the "CONTRACTOR," Party of the Second Part.
WITNESSETH: That the Parties do hereto mutually agree as follows:
I ARTICLE 1. 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 FY 97 -98 12TH STREET
I REHABILITATION, 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
fumish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore
(except those materials expressly noted as to be fumished by the CITY), and to do everything required by
1 this Agreement and the said Specifications, Drawings, and Contract Documents.
ARTICLE II. For fumishing all said materials and labor, fumishing and removing all plant, temporary works or
I structures, tools and equipment and doing all the work contemplated and embraced in this Agreement, also
for all Toss 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
I 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
,I 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.
I 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
I 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
I considered as an acceptance of the said terms of said proposal conflicting herewith.
I 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
ill with such provisions before commencing the performance of the work of this contract.
CONTRACTOR TO SUBMIT UPON AWARD: D-2
FY 97-98 12TH STREET REHABILITATION
•
• 0
IN WITNESS WHEREOF:. The Parties hereto have caused this contract to be executed the day and . '
Y year
Y
first above written.
CITY OF SEAL BEACH, CALIFORNIA
Party of he First Part as , t
BY
Party
C
1
ity Manager =
A ST:
yty Clerk '
BY
CON R - arty f the Seco d Pa '
PRESIDENT
Title ,
P.O. BOX 874, WESTMINSTER, CA 92684
Address
1
1
1
_ 1
. 1
1
CONTRACTOR TO SUBMIT UPON AWARD: D-3
FY 97-98 12TH STREET REHABILITATION
• •
ALL-PURPOSE ACKNOWLEDGMENT
State of California •
• County of Los Angeles
Ong-30-97 before me, KAY E. ANDERSON _
Date Name,Title of Officer-e.g."Jane Doe, Nutary Public"
personally appeared LARRY NODLAND •
Nantes(s)ufSigner(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 hand and official seal, •
R KAY E. ANDERSON
Commision#1141824 r'
—y("' Notary Public-California
C t ` ORANGE County
�f4 MyComrnExFires Jun Is!2001
• Si, of ufNulary
• . . .. : . 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 sir Type of Docutiicllt Contract Agreement
Number of Pages Dale of Ducument
OPTIONAL SECTION/
CAPACITY CLAIMED BY SIGNER •
_lntlividual(s) • _Partner(s) _Attorney-in-Fact
_Corporate • Other
Officer(s)
Tilic(s)
SIGNER IS REPRESENTING: •
Name of persons or entity(les)
•
•
. • S
Bond No. CC 5594_,
PREMIUM: $2744.00 PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that
WHEREAS the City of Seal Beach,has awarded
NOBEST INCORPORATED _
P.O. BOX 874
IN 26:
(Name and address of Contractor)
('Principal')y a contract(the'Contract')for the work described as follows:
FY 97-9: 1,2TH STREET REHABILITATION
WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful
perlormance of the Contract.
NOW,THEREFORE,we,the undersigned Principal.and
CONTRACTORS BONDING AND INSURANCE COMPANY
23172 PLAZA POINTE DRIVE
AGUNA ,ILLS, CA 92653 __
(Name and aadress of Surety)
("Surety') a duly admitted surety insurer under the laws of tine State of California. as Surety, are held and
firmly bound unto the Public Agency in the penal sum of TWO HUNDRED FIFTY FOUR THOUSAND ONE
HUNDRED FIFTEEN AND 75/100
Dollars(S 254,115,.75 ), this amount being not less than the total contract
price, in lawful money of the United States of America, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and
severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the
Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and
performed, all within the lime 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 attorneys'
fees in an amount fixed by the court.
FURTHER.the Surety,for value received,hereby stipulates and agrees that no change, extension of time,
alteration,addition or modification to the terms of the Contract, or of the work to be performed thereunder,or
the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby
waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the
Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California
Civil Code§§2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party
hereto. IN WITNESS WHEREOF,two(2)identical counterparts of this instrument, each of which shall for all
purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set
CONTRACTOR TO SUBMIT UPON AWARD:4a
F Y 97-511 Z1 H STREET REHABILITATION
•
•
forth below, the name of each corporate party being hereto affixed and these presents duly signed by its
undersigned repnesentative(s)pursuant to a dhortty of its governing body.
Dated: SEPTEMBER 30, 1997 •
"Principal° • 'Surety"
NOBEST INCORPORATED CONTRACTORS BONDING AND INSURANCE COMPANY
•
41111111/..- 10 14 By: li-ii;'04NAnL,11-0.0aln
E ti" ` Its ATTORNEY IN FACT
By: By.
LINDA D. COATS
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.
CONTRACTOR TO SUBMIT UPON AWARD:D-5
Fr ST-s 12TH STREET REHABEUTATION
• •
ALL-PURPOSE ACKNOWLEDGMENT
State of California
• County of Los Angeles
On g-30-97 before nie, KAY E. ANDERSON _
Dale Name,Title of Officer-e.g."Jane Due, Notary Public"
personally appeared LARRY NODLAND -
Nantcs(s)of Signers)
personally known to me or proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/arc 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 hand and official seal, • KAY E. ANDERSON
`..trM Commision#1141824 r
". ... Notary Public-California„
_ " ORANGE County 5
• My Comm Expires Jun 13,2001 ,
Sip f of Notary
. ATTENTION NOTARY: Although the information requested below is OPTIONAL,it could prevent
• fraudulent attachment of this certificate to unauthorized documents.
THIS CERTIFICATE •
MUST BE ATTACIIED
•
TO TILE DOCUMENT
DESCRIBED AT RIGHT: Title or Type of Document Performance Bond
Number of Pages Date of Document
OPTIONAL SECTION/
CAPACITY CLAIMED BY SIGNER •
_Individual(s) _Partner(s) •_Attorney-in-Fact
_Corporate • Other
Officer(s)
Tines)
SIGNER IS REPRESENTING: •
Name of persons or enlity(les)
•
•
•
•
•
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On SEP 3 C 1991 before me, CHRISTOPHER J. COATS, NOTARY PUBLIC
Date Name,Title of Officer-e.g."Jane Doe, Notary Public"
personally appeared LINDA D. COATS
Names(a)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 hand and official seal, CFA!;;STOphi:R J. COATS
... COMM. # 1103462 D
cc `�= NOTARY PUBLIC CALIFORNIA
I4A Q .4:74V ORANGE COUNTY
Comm 6gires JIiEy 15.2000
Signe e of Notary
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) •
•
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(I�01 must bear the raised seal of Contractors Bonding and Insurance Company(the"Company"). Only an is j))
',��`( unaltered original of this power of attorney is valid, If a photocopy, the word "VOID" should appear 'ooa i
°0 0 clearly in one or more places.This Power of Attorney is valid solely in connection with the execution and o
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:::000 guaranteed.•performance=and_-payment bonds'not rexce diiig-t-he„penal zsuin',, o"'f' ,If ,)i,,�; . °°
',';, °_ $1;250,000,; (2j'::bid bonds _for job_s_:_where, = =f tlielcoairs_eta.•i :.awarded',, ,the'BBA:''',1l =° ,;:•
•:: 11111 I aranteed erformance and qr a _ ant rbond,(s-) w ll not exceed.IP-450;,000 13). ` "'' VII) i;'
„ (°, 9u _ P P Ym �•c g„•• •7s' , ,) a ,,,,,,,,..5;, " :'U o ,;.
%`.- all other"-bonds="coded or classified by `he;Surety _ og�oo° '
i.o o 000 - ' x. 'CF c Ott=• ��1;,' 3�.tin`� i>.• .. �y _ o o°ego°i
of Rules,-',Procedures and Classifications for Fidelity.,.:/Forgery,and,•�Sur py, .'Bgn4e;; 000°
r ri';15.: (including future amendments thereto) a;,s:'.a7udic""'ia1;�x�Cont race°•,(escluding'bic1 :,•�."• ' e o9°
u l bonds), Miscellaneous;Licens0,_and=Permit` a"nd--F'eder-al 4WiSx9leding,� the penal �e p���)'r
`r sum u•of $3,;'500,000; (4) ,bid-_'bonds° for-jobs.34.4=14,t. ten :pursuaatl�toktrhe author ty.din•, i °ooOOO°°°
000°°0°°_� �• -_ _ -- - ?- _ �:- i
clause (3)` above where, `:if-the co_n_tradt i_sxa_w_ rdet t,p;ETiformance;'a'nd/,or•, ;r+:'•`'t
°0000000',e - _ _ _ _ _`_ ( h�►e� ,,,� "' rdyt ^' �6 ''•i 1 o o°o 0
0`001'• 5 i-all other•bonds not'';exceed°°°'• _ °° ,�•
��, - payment bonds) :will not__-exaeed,$3�,:500_;==__ :-_�(_•.)f 3�-�__:-� =, ::z! . .;�r�rr,r.. „r�.�;n,�,,+g•::�''�, �.
I vli the 'penal'.,'sum of $500;000;:r-rand (`6=)=-c_onsents-= r4 eases=°and •other si.mil'ar )�iiI�)
�r ( ,,,, - - - � . •� -_-�'�!.��.�:.� �a g .,a�S��;cr,'inY'd�r,. ,;�ar.+y, y� °0}i, .
' 41.::::---- documents required by`an obligee under"a:,contiiact;:bond'ed� by„,.the Company:•.,,,This°'r :o;a
o P� . •- <.. ., �r 11F'•� 9U .d.-rr,r u. � o °•°o°o
appointment is-made under the authorityt of'the"Boe"rd:..of spirectors'•ofr the ' s� o;o og°o°oe°
rr r o o Com as .� - =a. , J••;,,, •o•;y�. +-;; ��4 y Y I) l•�
:r i�• -. .. .a:. '..•,r:.. r.,‘ ••F .y`S1\�,� ,�-: :• s&�;t-_ sF ',�k�� ��'I is
o° 000 .
((I'°o°°/ _ _„_..` _ --'- - err;,, ,'H'.,... ''^.' + -,,4� . '!.-.� _ ''°° '• .
.o °- ,:4; - _ - __ -__ ^"�Y� ('d::Yli'.;': DM ,,,,f�.`L kr •a1.ti. 8y`�'•- -'-_- ?�-. }`z`.t-F3.� _ oe
CO°oo -_,_ ^ r7 [� z ,- o o°o•�i o°
o°0000000 -- _ dr, • p'1�'2.. "pp� 'NELYF. 4 • .,;t'i " ' •,M5. i �.` = ...1 boo°o
,, °- __ _E_z...•;.-_ -- _-' -- P„"41'„ •'hull:. , :'ll�'Yk��. .v.v . - - ,,`
;; II11„o� ;o���l
.` 0000 CIEIERTIDFIICATIE o °�'1;
o°o°
COeC° a ao°coo°C°
0 Co°o° � 000°0°00°
,,,,°°o°� I, the undersigned secretary of Contractors Bonding and Insurance Company, a
(Iii'4 Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full lo)!I1)
°o ° ,
%G.%%%;.-;-_--1.-000force and effect and has not been revoked, and, furthermore, that the resolutions of the _ °°
_0000 0 0
°°•°°'- Board of Directors set forth on the reverse are now in full force and effect. - °°°'
0000°o_ �o'ool ;,•
t• ,.� Bond Number CC 5594 _ 0000,°,°
<o°o�o° .� a
000'000 s > 4' 4�i> s3 _ o°,o
Do e
,„°°.°1,,,i'•:;?_--
� °°0000 � °� ' :,>, *>.+T •
(Ijj;e_� ~ire 1 Ju> Signed and sealed this 30TH a of SEPTEMBER 19 97 . ;j�� i •
v eo o ��
►i y
' o
'�
000°zt � v �>i 4 t �4 a v: °o o�o��►c �:►
I o, o
r, ''°: 'f w>t sa �'y .' °°°�
II•Kevin L.L Y beck Secretar Y
', II lo' vr� !iV rK �'*� • w 1,31,9114 I!
,
0°00 S , tt f '" s z„ �Y CBIC 1213 Valley Street P, ox 9271 Seattle,WA 98109-0271 °000o°o°oo 0°° 4 �; S1 1 y r (206) 622-7053 o (800) 765-CBIC (National) o (206) 382-9623 FAX E ;0°°o
1-3';',,:::::°';
•
The undersigned Pres'ue:'t l) ,('
President has appointed i_;7.. ;y( :� ? •. • ' '• • . . ' _' .•- : ..
;y
the authority of the :c]1;.n :' e%.) :_ . _ 'c; . z• •: . - _
Company at a meeting ci.u,71y heic: u . ,_ - - ';, • . , -
,•��„
Secretary, and any (]tile "1(7? 1' `.• . _ • _ I
(hereafter ;).�_ •; •• .. , ;•as defined or liinL:c' :l•'. 5_ .. . . ' _ _ . '2' •
the Company, io c:;ccl i_ _ ('_ . . ._ . , .
recognizanccs, -' -- : • . - '- ., ••
remove any suci: ap,:: -- :_ a (; _ _., ,. •
such person.
: _, i' .. .
be valid and binding _ _ ._ ,'I,ii i -
(7) -.-ll,� tr -•�.i :1- .. •i _ ' ' _ _ _ . --- c Sic
(ii) t•;3•..• • -.. ;] __ _ __. c' _ .._`•. __
(iii) (v-'c '. du-y C•' �__-(e' _- �; ,.•� - _- ,.. . _ . : _
r=.Ci •:7 ::7 [: _ _ , 7i _
RESCLVi.') t, i ,_., i_' t, :7' : •,' • .• _ _ •
the Company ii?Zy be .
execution and , ')
the Company (L'mless , r. • . __ _ _.- _
when so used stall have l•_ sa-ne . .s'
RES;)LV;..: _['_<'; .'c •i2e.i r -• -• 1;
of attorney and attorney: `a re _ e; , . , _ , •"`.•• c7_ \\.•
previously or in t:'e fui r; a 7r]:c7 -c -'::, :, : - I _ � sc,
"fax or facsimile powers of z:tc:r _,' ]; . _: c: • . • , _ _ - ...•
force and effect; anct t`,ci c, . icnm 0;• _ :3,,. '7 : .(7 :e _•]._,
the form for which_ tip?'."etio' t;. 9' • ,:,- • :' • _ _ -. _ _ .•i ). .' -- .- c)- ._- ] ::
of attorney may lie a'..t" •'lee In ; c);. ._ • ic; (•'.:•1" ., - , , _ •c:' . _ • ..
the final bond fo- £. pr(71;_- f()' 1.1 i .., ,i-_ C.i, _ -_ . ., c:'
without affecti)? tl,e ,.aiic i' ; . c; ,
Iii W1TN V��:'=:�1 :;! �r.:to , (; S 12a,
by its president anti secretary, u.r :_:7 :io _.._ :7 i'_ ;. . _c. .
_ .
State of Washington / --= =�= . )
County of King
On January 1st, 1995 be.-ore . , . .. :y . . y 311-, 7,3 _ 7 L.
Lybeck, personally known in ; .3:: L.,'_ - •, - ,(• . . . _ . . ' • - z. . c 1.1'
edged to me all that they executed s�-:-e _ .. c' : -._... r7 r:. . _ : .__ , . :' - c:' c]
behalf of which they acted e,.e ;' ;
WITNESS my hand and off1c:a7 s:': .
Signature • ., -; - : - .
r=-e .:)
\ '• Ni `iv.•\. :416.,1,,.:11, • „+' ,'.'1111 - . .
•
• •
PAYMENT BOND
(LABOR AND MATERIALS)
• BOND NO. CC5594
KNOW ALL PERSONS BY THESE PRESENTS that
WHEREAS the City of Seal Beach,has awarded to
NOBEST JNCORPORATEP
P.O. :•X B 4
WESTMINSTER, CA 92684
(Name and address of Contractor)
(-Principal'),a contract(the'Contract')for the work described as follows:
FY 97-98 12TH STREET REHABILITATION
WHEREAS.Principal is required under the terms of the Contract and the California Civil Code to secure the
payment of claims of laborers,mechanics,materiatrnen,and other persons as provided by law.
NOW,THEREFORE,we,the undersigned Principal,and •
CONTRACTORS BONDING AND INSURANCE COMPANY
23172 PLAZA POINTE DRIVE.
LAGUNA HILLS, CA 92653
• (Name and address of Surety)
("Surety') a duly admitted surely 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 TWO FIFTY FOUR THOUSAND ONE
HUNDRED FIFTEEN AND 75/100
Dollars(S 254.115.75 ), this amount being not less than fifty percent (50%) of the
total contract price,in lawful money of the United Slates 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, it 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, arid paid over to the Employment Development Department from the wages of
employees of the Principal and subcotrtracsois 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 nail and
void_
This bond shall inure to the benefit of any 01 the persons named in Section 3181 of the California Civil Code
so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case
suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'tees in
an amount fixed by the court.
FURTHER,the Surety, for value received, hereby stipulates and agrees that no change, extension of lime,
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 teens of the
Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California
Civil Code §§2845 and 2849.
CONTRACTOR to suamur UPON AWARD:0-6
FY 91-9e 12TH STREET REHABILITATION
•
IN WIT':ESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all
purposeb be deemed an original hereof, have been duly executed by Prindpal 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 representatives)pursuant to authority of Ns governing body.
Dated: SEPTEMBER 30, 1997
"Principal" "Surety"
NOBEST INCORPORATED CONTRACTORS BONDING AND INSURANCE COMPANY
By: �� BY C` M\W\
• . _ Its ATTORNEY IN FACT
LINDA D. COATS
By By:
Its \ lts
(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.
•
CONTRACTOR TO SUBMIT UPON MONO.4T
FY 97A8 12TH STREET REHABILITATION
• •
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
•
• On 9-30-97 before me, KAY E. ANDERSON
Date Name,'rifle of Officer-e.g."Jane Due, Nutary Public"
personally appeared LARRY NODLAND -
Names(s)of Signerts)
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 the 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 hand and official seal, _ _ _ _ •
4.4"c4r KAY E. ANDERSON
Commision#1141824 r
Notary Public-California
• 11 ^';y'- ORANGE County
!'. My Comm Expires Jun 13,2001 ,
• Sii of of Notary
. 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 RICHT: Title or Type of Document Payment Bond
Number of Pages Dale of Document
OPTIONAL SECTION/
CAPACITY CLAIMED BY SIGNER •
_Intlividual(s) • Partner(s) _Attorney-in-Fact
_Corporate _Other
Officer(s)
Titie(s)
SIGNER IS REPRESENTING:
Name of persons or entity(les)
•
•
•
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On SEP 3 0 1997 before me, CHRISTOPHER J. COATS, NOTARY PUBLIC
Date Name,Title of Officer-e.g."Jane Doe, Notary Public"
personally appeared LINDA D. COATS
Name.(.)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 hand and official seal,
f77717h7r°T
OA
T
C1�03.i4FO6R2 NIA
033>¢ NOTCAuRl Y P�4Ut LC 1
;a,r ORANGE COUNTY
//1 —A0%-.0r `., My Comm.E>Pires July 15,2000I
•
ignatu f Notary �~
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(.)
SIGNER IS REPRESENTING:
Name of persons or entity(ies)
4°o o�•ovo*o°o°°�00 00:°^0°-00:°°�_°o:::'::°-0°00°0 00°0^0°000400:-.^°0 000000°0^oo:0 0 0° �00 0°0 o i°��°o 0000:oO�_�°°i 00000 i°�_�O°o°o°o°o°I_�OO.0 0 00 .0�°0:03°
00 oB�OO O°�°°eoo°o°°e000 000 �°o°000e° ° ° 0000°��C°°000000,.° ��o 000 Ooo 0000
°O OO eBe o°on0000>000°ago°000000°owe°0000°c°O-OOO000°oo°u�°°OOOO°000°arc°00000°�o�°OO OOO°.� °�o o°000ioo�°°0000°o°e°o°o 000°000°op 0000c°boa j00000°000 000000°0� 00 o0�0o p°
°°04,—*, a:ao°00001°0:°0°00 °°00000°°09°0o7o°0c 000°000°OOi :,°g. o°o�0°0:000°000°°0:°°�°0°0000°0°pc 44:,°O0o 0o°OO°o:o°0:0>00°000°0:0°000°000000°:1°°000000000?°.7.10,;.°4. 10°01100°°:3:° ".4,°:°0000°OO°%7 a 0000°° ,,
. 1 °��o o°'°$a4iVV�Vpo°o°'°a�iiV4VVp°cp oiVV 000 oGiiVOMP $oiVVVVVpo°o°'°,WiY V 000'°PIVV Mci°iVi44i0Vpo°o°•°oaViiOOV�o°p■$Q aSifOoi°•°9PiY9Q9,0∎°ooiV00Pi�ao°'°ooVa90 ;t °ii �,;:
;((ii'. �u,llllll,�ilill ll�li�illlllllu�uillllui�uull!ui�ui!I11iu�,Illlll u,��l,llllll,�,u!Illrli�uullu l,�„III IIII,�i11111111,x,11111111, ---iriZly 14;
�lil) i..
0 o e o°oo— gry ��/(�r7�!'� 7�7��)7�7����) 7I,7}`� \'j�(��/� 7�}�(�� (Q�\�'I{7I'�'I�7I'� 7�7��(���\�T7�7��1 _ °0000°o
eo00o 000°v- S :i. •'�' LIL1V ETIEID 11 ® l]l7 I I OF l 1'I 11 ®J1 NEY o:°oao°�°° F
r °�
`1 4,::::i:',.--'-'. 'INSURANCE o e.N.o /
0 0 0 0 0 0
0 0 0 0 0 0 — 040°0 V°°°
000°o°o°�_ �0�0 0 0°°°
,, Not Valid for Bonds Power of Attorney ' ' °'°°
,,((IU°°� Executed On or After: April 30, 1999 Number: 525987 °.�)
. 000e°°°
eoo°° -°
:00000° - -:-:+co
°;00 0° o _o °°o°:
.,((I10E �oeII)))
°°°�e°�a= READ ARE °�, ,
00 _ °o
°a A valid original of this document must be printed on security paper with black,blue, and red ink, and
Uiiiil must bear the raised seal of Contractors Bonding and Insurance Company(the"Company"). Only an Ooe jj)
! ))
unaltered original of this power of attorney is valid. If a photocopy, the word VOID should appear
*:+::::**:::.- clearly in one or more places.This Power of Attorney is valid solely in connection with the execution and __oo oo;°,ao°
°:<o ,
;l delivery of the bond bearing the number indicated below, provided the bond is of the type indicated -° �;
(Ii" below,and is valid only if the bond is executed on or before the date indicated above. oii�)),::
` °°°,'off_ o ',
:0),Z°°o� ,: , 7.r' •`4', • :,;t'gi'• �::',1 ... 3,yi7�,"�«r f .7 i as�la8,1 5 ,.g .' ! _ fea:
.o 0 0 0 0 �.. `..g� tl�F ih--\•.:)' 3 � r'.man}.' -°�4:0°0°0 0°
000000°°0 °
°°0oo 4; KNOW ALL•KEN BY'THESE;,PRESENTS,'that the`'Company doe's,,herAeby;make°,coast tutu:::$ _o ,;°o,°
an& appoint the following: FDOV GLAS`A--,,,w _.;.;591.1,ry NDAhn::;,COATS• its'•'true rand ° ,F:.
•..0 _ lawful Attorney(s) in Fact,•__w th:;fu11 power-T=and=-authoritymhereby.�;conferrecl •in ��; °1 �;;•
` °o°o •- - , •„ __---_� -h� �.e-
. . • ^
The undersigned Prrskien. ‘• ..L• • •,; •
President has appoialed Lie •• c •;" • '..' ' '
the authority of the follo•Arkg ' • •L.Ir•;, _ :;. race
Company at a meeting duly - .: •
RES01,\/!-:!), - •:.., . ; - •
Secretary, and a' y ot C'r,;!Cr■-.2(' V: , ; -
(hereafter "Aut'iorizcd ccr i• :, .• • . •.
as defined or limited in .• • ) ;. C. . „ .;• ii
the Company, to excui' d LC;x'('" e • .. L'•'• • • • -,-••
recognitances, and s-2..-ctr,-1-.; •: •• - • -.•- ce- .. • 2 •
remove any such L.Li-or(Ic)- . •:._. --L „
such person.
RES;;LV-HT_; ; -70-• - ••.- : • • - ;3'. i•
be valid and binclin.g 1.-..;10 7
(i) :hc T. • :'•- yc:. : •:. .1:-
): cr
(ii) wfica S L-,•• C '11 •Y.
(if o et..) L '
(iii) dt • L t Cr' •:.`L .y ; .1-
fact r. •••:.. i.• 7" • - 7_
1.30,ve- 0 ..7.i.Lch-: cy •‘•,--.1:.;:c. •;;. r :_•;:-_
RESC)I.ArED •_•;-. ;1- -•
the Company may be f 'acs- •-ri -4; - - - • -co
the execution ana. ;3;ail\ .. - : 3 • , r
the Company(unlers otliero'ise sce:- •e:: • -; •:.- of:-• .•-o- -•. c'• •7. L. 7.:
when so used shah nn: L.-e — •-•
REsc)i,\/1-;;;; t;-; 7...; -3-;•• -.‘ :•. :"_•• -. •":
of attorney and attor •: •.7 offs:: iu ;:. • ' . -j;
previously or in 1ie f...tture 1%1
"fax or facsimile powc-s a a'.:-.o--hey", 0•11ere 1•L' .3.,;• 1 .1
force and effect; au! that :7:-7. V:', !'. ; '• ;:;
the form for whic1-1 this ce:::3;Ln:- ;(.
of attorney may bu ai:.a.:;7e:_• to u _ ,'1 .
the final bond or a -oroiect : •
without affecting tic I eity o:- 13r•..c. .
IN wn•NEss To • . • ' ';' _ !C; 7.!
by its president and secrelary, an -.• 7 ; •
-
State of Washington :
County of King
On January 1st, 1991 before :re, Vol ly :•_ •‘ . ••, :• b.
Lybeck, personally'Know:7 in _-, c in .3e t---.L• • •• • • •-:. -•;
edged to me all that they excr.:_ite:.: A.-he : • " • 12' • 7.- .5.
behalf of which they acted 1;71' - •-.:. •
WITNESS my hand emu
•• •, ,
, •
Signature —• • : (s:: •)
I ' ..,7011% cyL..11, 5t,•;.■.■
. .
• •
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
FY 97-98 12TH STREET REHABILITATION
Indemnitor(s) (list all names): NOBEST INCORPORATED
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 lndemnitees 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 lndemnitees 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 coverages 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 lndemnitees. In the event there is more than one person or entity named in the
Agreement as an Indemnitor, then all obligations, liablilities, covenants and conditions under this
instrument shall be joint and several.
"Indemnitor"
Name ► • : ■ • • • : : 0 Name:
•
:,y: `��� By:glib•
Its p•ES lT Its
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CONTRACTOR TO SUBMIT UPON AWARD:D-8
FY 97-98 12TH STREET REHABILITATION
• • •
AGREEMENT TO COMPLY WITH
CALIFORNIA LABOR LAW REQUIREMENTS
[Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700]
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the
following provisions of California law:
1. . Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7,
Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the
awarding public agency ("Agency") and agrees to be bound by all The provisions.thereof.as though set
forth in full herein.
- 2. -- Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which
requires the payment of travel and subsistence payments to each worker needed to execute the work to
the extent required by law.
3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and
1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay
prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars
($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as
determined by the Director of Industrial Relations for the work or craft in which the worker is employed for
any public work done under the contract by Contractor or by any subcontractor.
4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which
require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such
payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the
location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of
its subcontractors.
5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5
concerning the employment of apprentices on public works projects, and further agrees that Contractor is
responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1813
concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the
Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the
Contractor or by any subcontractor for each calendar day during which such worker is required or
permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in
violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
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."
Date9-30-97 Signature — -SO
•
CONTRACTOR TO SUBMIT UPON AWARD:CO
FY 97-98 12TH STREET REHABILITATION
•
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.
t (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or
registered professional engineer to form joint ventures with licensed contractors to render services within the
scope of their respective practices.
(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a
contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall
be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall,
before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when
the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing
exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who
knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this
chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to
Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a
contractor who is not licensed pursuant to this chapter is void.
(f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter
863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which
time that subdivision was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this section if the
public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the
CONTRACTOR TO SUBMIT UPON AWARD:D•10
FY 97-98 12TH STREET REHABILITATION
1
• • 1
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 prequalification questionnaire and financial statement. Failure
of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a
failure to execute the contract and shall result in the forfeiture of the security of the bidder.
License no.: 3 5 9 6 22 Class: A Expiration date: 7-31-98
Date 30 SEPT 97 Signature ' ;
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CONTRACTOR TO SUBMIT UPON AWARD:D-11
FY 97-98 12TH STREET REHABILITATION
• •
INSURANCE REQUIREMENTS FOR CITY OF SEAL BEACH
PUBLIC WORKS CONTRACT
LIABILITY INSURANCE
The Contractor shall at all times during the terms of the Contract carry, maintain, and keep in full force and
effect a policy or policies of comprehensive general liability insurance in which the City, along with its City
Council and each member thereof, and every officer, official, agent, attorney, employee or volunteer of the
City, is the named insured or is named as an additional insured with the Contractor in accordance with
Section 7-3 of'the Standard Specifications. The insurance company issuing such policy(ies) must be
acceptable to, and approved by, the City Engineer and City Attorney. Contractor shall maintain limits of no
less than One Million Dollars($1,000,000)combined single limit coverage per occurrence for personal injury
or death or property loss or damage which may arise from or relate directly or indirectly to the acts,
operations or omissions of the performance of the Contractor and/or its subcontractors and/or the
employees, agents, officers, officials or volunteers of either, in the performance of this Public Works
Contract. Such insurance shall include coverage for all automobiles utilized by Contractor's or any
subcontractor's employees or agents in the performance of the Contract. Contractor shall also provide an
endorsement in substantially the form set forth below.
ENDORSEMENT
IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SEAL BEACH, ITS CITY COUNCIL
AND EACH MEMBER THEREOF, AND EVERY OFFICER, OFFICIAL, AGENT, EMPLOYEE OR
VOLUNTEER OF CITY SHALL BE NAMED AS JOINTLY AND SEVERALLY INSURED AS RESPECTS
CLAIMS ARISING OUT OF THE FOLLOWING PROJECT:
FY 97-98 12TH STREET REHABILITATION
IT IS FURTHER AGREED THAT THE FOLLOWING INDEMNITY AGREEMENT BETWEEN THE CITY OF
SEAL BEACH AND THE NAMED INSURED IS COVERED UNDER THE POLICY: CONTRACTOR
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS CITY COUNCIL AND EACH
MEMBER THEREOF AND EVERY OFFICER, OFFICIAL, EMPLOYEE, ATTORNEYS, AGENT, AND
VOLUNTEER OF CITY FROM AND AGAINST ANY AND ALL LIABILITY OR FINANCIAL LOSS
RESULTING FROM ANY SUITS, CLAIMS, LOSSES OR ACTIONS BROUGHT AGAINST, AND FROM
ALL COSTS AND EXPENSES OF LITIGATION BROUGHT AGAINST, CITY, ITS CITY COUNCIL AND
ANY MEMBER THEREOF, AND ANY OFFICER, OFFICIAL, EMPLOYEE, AGENT, ATTORNEY OR
VOLUNTEER OF CITY WHICH RESULTS, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM
ANY WRONGFUL OR NEGLIGENT ACT OR OMISSION OF CONTRACTOR OR ANY
SUBCONTRACTOR, OR AN OFFICER, EMPLOYEE OR AGENT OF EITHER, OR ANYONE FOR
WHOSE ACTS ANY OF THESE MAY BE LIABLE, WHILE ENGAGED IN THE PERFORMANCE OF THIS
CONTRACT, EXCEPT WHERE SUCH LIABILITY OR LOSS IS SOLEY CAUSED BY THE NEGLIGENCE
OR WILLFUL MISCONDUCT OF THE CITY.
1 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/RETURN RECEIPT REQUESTED HAS BEEN
GIVEN TO THE CITY.
THE INSURANCE COVERAGE PROVIDED BY CONTRACTOR AS SET FORTH HEREIN SHALL BE
PRIMARY INSURANCE WITH RESPECT TO THE CITY, ITS CITY COUNCIL AND ANY MEMBER
CONTRACTOR TO SUBMIT UPON AWARD:D-12
FY 97-98 12TH STREET REHABILITATION
THERE DF, AND ITS OFFICERS, OFFICIALS, ATTORNEYS, AGENTS, EMPLOYEES AND
VOLUN i EERS. ANY INSURANCE OR SELF-INSURANCE MAINTAINED BY THE CITY, ITS CITY
COUNCIL OR ANY MEMBER THEREOF, OR ITS OFFICERS, OFFICIALS, ATTORNEYS, AGENTS,
EMPLOYEES AND VOLUNTEERS SHALL BE IN EXCESS OF THE CONTRACTOR'S INSURANCE AND
SHALL NOT CONTRIBUTE WITH IT. INSURER WAIVES ANY RIGHT OF CONTRIBUTION WITH SUCH
OTHER INSURANCE WHICH MAY BE AVAILABLE TO THE CITY.
INSURER WAIVES ALL RIGHTS OF SUBROGATION FOR LOSSES AGAINST THE CITY, ITS CITY
COUNCIL OR ANY MEMBER THEREOF OR ITS OFFICERS, OFFICIALS, AGENTS, EMPLOYEES AND
VOLUNTEER
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CONTRACTOR TO SUBMIT UPON AWARD:D•13
FY 97-98 12TH STREET REHABILITATION
1 s •
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CONTRACTOR TO SUBMIT UPON AWARD:D.14
' FY 97-98 12TH STREET REHABILITATION
• •
CONTRACTOR'S—SPECLAL. COVERAGE ENDORSEMENT
"Ibis•=dorscr t-codmes ins .'an ce provided under the following:
COMLVIERCL&L GENERAL LIABILITY COVERAGE PART
1.) A.MENDNEENT-GE iERkI.AGGREGATE LLNI TS OF L'iSURANCE TO.APPLY PER PROJECT
The General A regal_ Limit under LaCTS OF INSURANCE (SECTION III) applies
separaz:iy to each of your projects away from premises owned by or rented to you.
2.) BLANKET ADDITIONAL LVSUREDS-REQUIRED BY CONTRACT ORISSUA.NCE OP A PERMIT
(A) WHO IS AN LNSURET) (Senor. U) is amr—nded to include as an nasured any perms,
organization, trostac, estate or governmental entity to whom or to which you are
obligated by virtue of a wrir..m c.=tract or ,e_..ear or by virtue of the issuance or
exis.=ce of a perrlt, to provide insurance s ch as is afforded by this policy, but only
with respect to liability arising out of
1. `Your work"for the additional insured(s) or for which a govr.^unental
cinty has issued a permit, or
2. Acts or emissions of the addieral insureds) in connection with their
general supervision of 'your work" at the location shown in the
S chedule;
then only for the limits of liability specified in such contract or ag�**xn..-nt, but in no
event for limits of liability in excess of the applicable limits of liability of this policy,
provided that
1. such pe:scc, orgarizticn, trustee, estate or goverttmattaI entity shall be
an insured only with respect to oceu ronc s taking place after such
wrinen ccrr-a.-t or afire.-. neat has b= executed or such permit has been
• issued, and
2. a) the na.-ne of such person, ors ni tion, trus ee, esate or
governmental entity has been furnished to the company as of
the effective date of the policy, or
b) (i) such contract or agrx sent *aka effect or such
permit is issued during the policy period, and
Page 1 of 4
Copyright,First State 1,1- lemon Grasp.Inc..1995
at:c:a repyr.17,1:ted:_a:.--;a1 of lrsureecs Sc nao OM=
c.ith iu pct iseictt Cepyn h:,la ece Sw ice Office, 1985)
• • • • ...
(ii) the named insured notifies us, within I SO days
after the effective date of the contract or
agreement or the issuance dare of the permit, of
the date as of which such person organization,
trustee, estate or governmental entity shall oe
included as an insured.
(B) With respect ra any such person, organization, trustee, estate or governmental entity
included as an insured by virtue of this provision, the first named insured is authorized to
aG on behalf of such an insured with respect to all maters relaz:ng to this policy. Such
mart.-rs include the giving and receiving of notice, of cancellation or non-renewal, and the
making of(-'+•u+ges in the policy terms with the company's consent ; provided, however,
this shall net relieve sn insured of the duties set forth in Condition 2. (Duties in the
Event of Occurrence, Claim or Suit) of the policy. For the purpose of this provision,
"First Named Insured"means the person or organization first named in the Declarations
of the policy.
(C) With respect to the insurance afforded these additional insureds, the following additional
provisions apply:
I. Under Coverage A, exclusions (a), (d), (e), (f), ('r:2), (i) and (rn), apply to
this insurance and any other exclusions added by endorsement to the
policy which amend the previous occlusions or are added in addition.
2. Additional Exclusions. This insurance does riot apply to:
(a) "Bodily injury" or "property damage" for which the
additional insured(s) are obligated to pay damages by reason
of the assumption of liability in a contract or agreement. This
exclusion does not apply to liability for damages that the
additional insured(s) would have in the absence of the
contract cr agreement.
(b) "Bodily injury"or"property damage"occurring after:
(i) All work ea the project (ether than service,
rrairt oarcc, or repairs) to be &riled by or on
behalf of the additional insured(s) at the site of the
covered operations has been completed; or
(ii) That portion of'your work" out of which the injury
or damage arises has bccn put to its intended use by
any person or organization other than another
cor.tractor or subecnnactor engaged in performing
operations for a principal as part of the same
c roj cot.
Page 2 of 4
Corytight.!i:st State ur.a;c i cnt Or..up,Inc., 1993
C tludes c:Fytig.4 x' Doman!of Insu:are Serric.OM=
with its permission. Copyrig,ht,insurance Sc vic..s Of icc. 1955)
• •
(c) 'may injury"or 'pay age"arising out of any act
or emission of the additional insured(s) or any of their
c•.ployxs, other than the general supervision of work
performed for the additional insurd(s)by you.
(d) "Property dacaage"to:
(i) Prrprty owned, used or occupied by or rented to
the additional insured(s);
(ti) Pr rperty in the care, custody, or ccnaol of the
additional insured(s) or over which the additional
insured(s) are for any purpose exert sing physical
moral;or
(iii) "Your work"for the additional insured(s)
(c) "Bodily injury"or ' roperty damage"arising out of the
sole negligence of a lesser of leased equipment or to any
"uccunence"which takes place afer the expiration of an
e ui;rre it lease.
(I3) Coverage provided by this endorse:neat to the Additional Insured(s) shall be primary
insurance. Any other insurance saintaind by the Additional Insured(s) shall be exc=s
and non-contlutory.
3.) DUTIES IN TICE EVENT OF OCCURRENCE
(A) The requir_rr— in Condition 2.a. (Section IV) that you must see to it that we are
r.ocifid of an "eccurr tce"applies only when the"occurratce" is known to:
(1) You, if you are an individual:
(2) A partner, i±you are a partnership; or
(3) An executive officer or insurance manager, if you are a corporation.
(B) Toe requirem=t in Cor.drion 2.b. that you :mist son to it that we receive notice of a.
claim or'1auit"kill r.ot be considered br=c1wd unless the breach occurs after such claim
or"suit"is lcown to:
(I) You, if you are an individual:
(2) A partner. if you are a pa.-mess:ip;or
(3) An ex:,cutive officer or insurance manager, if you are a corporation.
Page 3 of 4
C.-pyright,Fiat Snag Micugcnclt Graup,inc., 1995
(1:s1tlrs c-ryrighted matcril al T..•ssrsaca Sevic OfEcc
with its Copyright.t:tura;.ce Soren OtMc;,1985)
• •
4.) ACTIONS IN REM
WHO IS AN INSURED (Section II) is amendd to include:
5. Any vessel owned, operated by or for you or chartered by or for you with respocs to an
action in rem shall be treated in the same mariner as though the action were in
persona=against you.
S.) PROPERTY DAMAGE-BORROWED EQUIPMENT
(A) Exclusion j. of COVERAGE A(Section 1) is amended as follows:
Paragraph (4) of this occlusion does not apply to `prvpe ty damage" to borrowed
equipment while not being used to perform operations at the job site.
(B) This insurance is execss over any other valid and collectible property insurance
• (including any deductible portion thereof) available to the insured whether primary,
cxxss, canting=or any other basis.
(C) Only with respe=to this additional coverage, the Each Occsrrcoce L'cait shown in the
Declarations is a=nded to read S75,000. (Section III-Limits)
Page 4 of 4
Copyright.Tina Stare Msaaganast Group.Inc.,1995
G-209 (12/95) � �° copyrighted materiel of lemurs=Services Office
with permission. Copyright,loss:Ince Services Office.1985)
•
Policy Number Z10006465 Commercial General Liability
Pacific Insurance Company do American E&S
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ CAREFULLY.
WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST
OTHERS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
Name of Person or Organization: Schedule
The City of Seal Beach, its elected officials, officers, attorneys, agents, employees
and volunteers.
(If no entry appears above, information required to complete this endorsement will be shown in the
Declaration as applicable to this endorsement.)
We waive the right of recovery we may have against the person or organization shown in the Schedule
because of payments we make for injury or damage arising out of"your work" done under a contract with
that person or organization. The waiver applies only to the person or organization shown in the Schedule
CG 24 04 11 85 Copyright, Insurance Services Office, Inc. 1984
• •
CNA
POLICY NUMBER: C129090108
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS.
This endorsement modifies insurance provided under the following:
Business Auto Coverage Form
Garage Coverage Form
Truckers Coverage Form
Schedule
Name of Person or Organization: City of Seal Beach, Its Elected Officials, Attorneys, Agents,
Employees, and Volunteers.
•
(if no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
We waive any right of recovery we may have against the person or organization shown in the Schedule because of
payments we make for the injury or damage. This injury or damage must arise out of your activities under a contract with
that person or organization. The waiver applies only to the person or organization shown in the Schedule.
This endorsement is a part of your policy and takes effect on the effective date of your policy, unless another effective date
is shown below.
Completed Only When Endorsement Is Not Prepared with the Policy Or Is Not
Must be Completed to be Effective with the Policy
Endt# Policy No. Issued to Effective date of
C129090108 THIS ENDORSEMENT
Nobest,Inc. October 2, 1997
CNA
9-23186-A Countersigned
(Ed.05/89) Authorized Repres tative
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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE WC 252
(4-84)
WC 04 03 06(ED.4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -
CALIFORNIA
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a
different date is indicated below.
(The following"attaching clause"need to be completed only when this endorsement is issued subsequent to preparation of the
policy.)
This endorsement, effective on 10/02/97 at 12:01 AM Standard time, forms a part of
(Date)
Policy No. WCC155801796 Endorsement No.
of the CNA/Transportation Insurance Company (Name of Insurance Company)
issued to Nobest, Inc.
Premium(if any) $ 5% of payroll for job: "46i;
(Min Prem$50)to be determined @ Audit Authorized R resentative
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the
work described in the Schedule.
The additional premium for this endorsement shall be 5% of the California Workers Compensation premium
otherwise due on such remuneration.
Schedule
Person or Organization Job Description
City of Seal Beach, its elected officials,officers,attorneys, FY97-98 12th Street Rehabilitation
agents,employees, and volunteers. Street Removal and Replacement
Sent by: NOBEST INC. 714 373 0039 09/30/97 9:29AM Job 766 Page 3
sp
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ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
NOBEST. INC. , P.O. BOX 874, • STFR, CA 92MR4
Name and address of named insured("Named Insured"):
PACIFIC INSURANCE c/o MILESTONE INS. , 8 CORPORATE PARK #130, IRVINE, CA 92606
Name and address of Insurance Company('Company"):
FY 97-98 12TH STREET REHABILITATION
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the"Policy') •
or in any endorsement now or hereafter attached thereto, it is agreed as follows'
1. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are
additional insureds (the above named additional insureds are hereafter referred to as the'Additional Insureds')under
the Policy in relation to those activities described generally above with regard to operations performed by or on behalf
of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments
under the Policy
2_ The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and
no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance
coverages provided by the Policy
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom
claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured
under the policy against another insured under the policy. All such claims shall covered as third-party claims, i e., in
the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall
operate to increase or replicate the Company's limits of liability as provided under the policy
5. The insurance afforded by the Policy for contractual liability insurance(subject to the terms, conditions and
exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification
and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s)
designated above, between the Named Insured and the Additional Insureds
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage,
reduction of limits(except as the result of the payment of claims), or non-renewal except after written notice to Public
Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In
the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full
force and effect until compliance wit',this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureas, 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 8°i 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.
CONTRACTOR TO SUBMIT UPON AWARD:D.15
FY 97-98 12TH STREET REHABILITATION
Sent by: NOBEST INC. 714 373 0039 09/30/97 9:30AM Job 766 Page 4/10
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TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO -97 to 8-3-98 LIABILITY
GENERAL AGGREGATE 000,000
PRODUCTS-COMPLETED OP AGGREGATE 1,000,000
PERSONAL & ADVERTISING INJURY 1,000,000
EACH OCCURRENCE 1,000,000
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the
above coverages. Includes: ** SEE ACORD FORM 25-S (1/95)
Q Contractual Liability 0 Explosion Hazard
❑ Owners/LandlordslTenants ❑ Collapse Hazard
❑ Manufacturers/Contractors ❑ Underground Property Damage
.13 Products/Completed Operations 0 Pollution Liability
O Broad Form Property Damage ❑ Liquor Liability
U Extended Bodily Injury D
leo
p Broad Form Comprehens.ve 0
❑ General Liability Endorsement ❑
.r 12. A deductible or U self-insured retention(check one)of$ 1 000 applies to all
coverage(s)except:
(if none, so stale). The deductible is applicable 0 per claim or ❑ per occurrence (check one)
13. This is an MI occurrence or❑ claims made policy(check one).
14 This endorsement is effective on 10-2-97 at 12:01 A.M. and forms a part of Policy
Number 730006465
I, LAURIE SYLVESTER (print name), hereby
declare under penally 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 10-2-97 , 19
Signatur Au horized Represetcative
(Original signature only, no facsimile signature or I;itialed signature accepted)
Phone No ( 714 852-0909x234
•
um
(:UN I WW i UK l U SUtiMI l UPON AWARD:0.17
FY 97-98 12TH STREET REHABILITATION
Sent by: NOBEST INC. 714 373 0039 09/30/97 9:28AM Job 766 Page 2
• •
_ WORKER'S COMPENSATION
CERTIFICATE OF INSURANCE
WHEREAS,the CITY OF SEAL BEACH has required certain insurance to be provided by
NOBEST, INC.
NOW THEREFORE,the undersigned insurance company does hereby certify that it has issued the policy
or policies described below to the following named insureds and that the same are in force at this time.
•
1. This certificate is issued to: CITY OF SEAL BEACH, City Hall, 211 EIGHTH STREET, SEAL
BEACH, CA 90740-6379.
2. The insureds under such policy or policies are: NOBEST, INC.
3. Worker's Compensation Policy or Policies in a Corm approved by the Insurance Commissioner of
California covering all operations of the named insureds, as follows:
POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE
WCC155801796 10-1-97 10-1-98
4. Said policy or policies shall not be canceled, voided or reduced in coverage or limits of liability,
unless and until thirty days' advance written notice thereof has been served upon the City Clerk of the
CITY OF SEAL BEACH.
By. 1.L1_/ �.. ,
Its A Th•nzed Represeii=tive
a
i
CONTRACTOR TO SUBMIT UPON AWARD:D-15
FY 97.98 12TH STREET REHABILITATION
a
Sent by: NOBEST INC. 714 373 0039 09/30/97 9:30AM Job 766 Page 5/10
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
NOBEST, INC.., P.O. BOX 874, WESTMINSTER, CA 92684
Name and address of named insured("Named Insured'):
CNA c/o MILESTONE INSURANCE, 8 CORPORATE PARK #130, IRVINE, CA 92606
Name and address of Insurance Company('Company"):
FY 97-98 12TH STREET REHABILITATION
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the-Policy) ee
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-) IMP
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 caned Iron to contribute with the
insurance coverages provided by the Policy.
r
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 insureiJ uinJel the pulicy. All such claims snail 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 encircled 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. lee
f] Thp nnllry n.nrh.r•h tta onrInre.a...e..r 't.........+..._ll_ • �- -...:. .
coverage, reauctlon 8r limits(except as{ate result of the payment of claims), or non-renewal except after written
notice to Public Agency, by cellified mail, return receipt requested, not less than thirty(30)days prior to the effective
date th.+roto. In the event of Cornpony'c failure to comply with this Ilvlll t Nluviai�rl,the policy as Initially craned 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 w+tnrn the scope of their duties,f.u....•11 IUSS V5 dlla uisointies arising out of or incident to the perils
insured against in relation to those a..thritieS .lest,,Ibnu generally aoove wan 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 ni r'al h,rn.a ei.ell apply to end Severn the.olisiity,
construction,interpretation, and enforcement of this contract of insurance >r
R Thic endmaomont end all noboae amen Irc.cur.dcl elle/I I•o etStll LU PUOflC'agency ar•
Director of Public Works
aip
City of Seal Beach
211 Bt"Street
Seal Beach CA 90740
9. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be
h Id to.airs .,It.-,. .0 r•. ..r ....y...r t...mane. uereemonte. or eaara.■a.ran.a ref t.... ...l:._•y w wlm rl chic endorsement.3
attached.
CONTRACTOR TO SUBMIT UPON AWARD:D1 S
FY 97-98 12TH STREET REHABILITATION
Sent by: NOBEST INC. 714 373 0039 09/30/97 9:31AM Job 766 Page 6/10
• •
TYPE =COVERAGES TO WHICH POLICY PERIOD 8-3-97 to 8-3-98
_ LIMITS OF
FROMTA
6 lY1D 11-1 1�T
ANY AUTO, HIRED AUTOS, NON-OWNED AUTOS CSL $1,000,000
10. Scheduled items or locations Are to be identified on an attached sheet. The following inclusions
+. relate to the above coverages Includes' SEE ACORD FORM 25-S (1/95)
❑ Any Automobiles ❑ i ruckers Coverage
❑ All Owned Automobiles ❑ Motor Carrier Act
O Non-owned Automobiles ❑ Bus Regulatory Reform Act
❑ Hired Automobiles ❑ Public Livery Coverage
❑ Scheduled Automobiles 0
❑ Garage Coverage p
yei
11. A❑ deductible or ❑self-insured retention(check one)of S applies
to all coverage(s)except:
trr none, so state). I he deductible is applicable❑ per claim or❑ per occurrence (check one)
12. This is an se occurrence or 0 claims made policy (check one),
13. This endorsement is effective on .10-2-97 at 12'01 AM. and forms a part of Policy Number
C129090108
1, LAURIE SYLVESTER (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.
I_AC1.0 ICU 10-2-97 , 19
Signal e o Authorized Re esentative
(Ongtnal signature only;no facsimile signature or initialed signature accepted)
Phone No.: ( 714 ) 852-0909x234
a
a
CONTRACTOR TO SUBMIT UPON AWARD:a19
A'97-9812TH STREET REHABILITATION
Sent by: NOBEST INC. 714 373 0039 09/30/97 9:32AM Job 766 Page 7/10
• •
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
NOBEST, INC. , P.O. BOX 874, WESTMINSTER, CA 92684
Name and address of named insured(-Named insured").
GENERAL SECURITY c/o NILLESTONE, 8 CORPORATE PARK #130, IRVINE, CA 92606 —
Name and address of Insurance Company(-Company"):
FY 97-98 12TH STREET REHABILITATION •
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 ontiry in rotatinn to thnco artivilies described generally above with regard to operations performed by or on
ueltairurtlre rJarrreU Iflauroil. Tire Additional Inaurcda 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
wnom claim is made or suit is brought except with rea�Prt 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
in.,rrad el.. .9r.ir.at ur:uol erlt:guilty wi sucn claims shall covered as third-party claims.
i.e.. in the •orfre r.rdrrrler a5 if separate policies had been issued to each insured. Nothing contained in this provision
shall oporotc to inarcoae or tciilr.ate Ore 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,
rnnrfrtlnnc anti •_ r.,.u:nr.y uaaurrrcu uy tilt mimeo insured under the tw
indemnification and/or hold harmless provision(s)contained in or executed in conjunction with the written
agrecment(s)or permit(s)designated above, between the Names Insured and the Additional Insureds.
6. The policy 10 which this endorsement is attached shad 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 tnirty(30) days prior to the effective
date thereto. in the event of Cull;porgy's failure to comply with this notice provision,the policy-as initially drafted will
continue in full foroc and effect until l,4JIIi llldiIt:e witn tnls notice requirement.
7. Company hereby waives all riahts of subrocatinn anti enntrrbution ayainet the Additional Inauroia,
wnlle acting within the snnpe of their dr:f.ec, Gen"all*Jaime.losoeo and I:nb:l:r .... :.,y amil.or at inc,uons TO The penis
Insurnn aOarnet in rolet.na 1r.•t...a'e e-e:..n:-. J-.e�:b.d l�y o,,,,vc v.1111 teyaru 10 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
F it is hereby agreed that the Iowa of tl le Slate or California snail apply to and govern the validity,
construction, interpretation, and enforcement of this contract of insurance.
o. Tt,,.....dvr:rurrri.Trrt and all notiueb yivt'll uereunaer snail be sent to Public Agency at:
Director of Public Works
City of Seal Beach
211 81"Street
Seal Beach CA 90740
9. Except as stated above and not in conflict with this endorsement. nnthino enntained heroin chafe bo
held lv waive, alter or extend arty of the limits. aoreementc. nr evrIrrcionc of thu policy to which this e,ruvraetftertt 15
attached.
CON'l RACTOR TO SUBMIT UPON AWARD:0-20
ra tor ad w[it t:114LCT REHABILITATION
COP
Sent by: NOBEST INC. 714 373 0039 09/30/97 9:32AM Job 766 Page 8/10
TYPE OF COVERAGES TO WHICH POLICY PERIOD
LIMITS OF
THIS EN •RCFMFNT AT1Ar.HFR rnowTo 8-3-97 to 8-3-98
LIABILITY
Following Form
Umbrella Liability
O
10. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO.
'M/ AMOUNT
** SEE ACORD FORM 25-S (1/95)
11 Ti. f..u.,........ .....i.......__ _.._..._.. .. ._._._ ._ ...----.-
coverages.
IMP
12. A 0 deductible or!itself-insured retention(check one)of$ 10,000 applies
to all coverage(s)except:
(if none, so slate). The deductible is applicable 0 per claim or 0 per occurrence (check one).
13. This is an occurrence or 0 claims made policy (check one).
14. this endorsement is effective on 10-2-97 at 12:01 A.M.and forms a pert of Policy Number
UB62247
1,- LAURIE SYLVESTER
(print name) hereby
dc+r.are under pona!ty of perjury t.ndor the Iowa of the Clete of Cehfo.r...., ti I I,avr thy authority to Dino The
Cnmriany to lhie onrinrcement Ind that by my oa.00utien her.nnf, I do as bind Vic Coelivo. y.
Executed 10-2-97 1 g
ONO Sig to of Authorized R resentative
(Original signature only:no facsimile signature or initialed signature accepted)
IMP Phone No.: ( 714 ) 852-0909x234
OW
WIN
IMP
CONTRACTOR TO SUBMIT UPON AWARD;0-21
FY 97.98 12TH STREET REHABILITATION
DATE(MM/DDNY)
1114fir
PRODUCER
14)852-0909 FAX (714)852-1131 THIS CERTIFICATE IS ISSUED AS A MAT ER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
lilestone Insurance Brokers HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
Eight Corporate Park, Ste.130 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Irvine, CA 93606-5105 COMPANIES AFFORDING COVERAGE
COMPANY pacific Insurance Co. c/o American E&S
Attn: steven Brody Ext: 221 A
INSURED —
COMPANY cwA/T,ansportatinn Insurance Company
Nobest, Inc. �
P. 0. Box 874 -- — — —
COMPANY General Security c/o American s&s
westminster, CA 92684
C
— —
COMPANY
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 DOCUMENT1MTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS or SUCH pouo/so�umnaoxmvwvmmYnmEossmnsouoeonvemocuwMn�
-- —
CO TYPE POLICY POLICY EFFECTIVE pouorszp/mAnom` LIMITS
un DATE DATE
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000
'
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP xao * 1.000.000
CLAIMS � x OCCUR � PERSONAL ummINJURY $ 1,000,000
A '~=•—' �
�z000*«*� 08/03/1997 08/03/1ee8
x'uwms�ouoowrnxoromurnor EACHOCCURRENCE :m 1,000.000
FIRE DAMAGE(My one fire) $
msoEXP(My one person) $
AUTOMOBILE LIABILITY � '
COMBINED SINGLE LIMIT $
X ANY AUTO 1'000'000
ALL
- - (Per
B - »:xso«�o^««m =
c1290e0108 08/03/1997 08/03/19e8 --
x HIRED AUTOS BODILY INJURY
, X NON-OWNED AUTOS er accid
PROPERTY DAMAGE $
GARAGE LIABILITY � 'm�nonn's^^oomcwr � *
ANY � OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EXCESS � :em*OCCURRENCE $ 1,000,000
`—
C X UMBRELLA FORM ooaazo7 08/03/1997 • 08/03/19*8 :AGGREGATE . $ 1^000.000
• OTHER THAN UMBRELLA FORM � w
•WORKERS COMPENSATION AND X Tvag C111�-S
EFT-
" _
s�r�o,smnux�unr EL�C*ACCIDENT
—*—
---z,
noo.000
WCC155801796 10/01/1997 ' �o/u�/zeyn n THE PROPRIETOR/ : � 'wo� EL 'pnuu,umn $ z.00o.ouo•r^nrwEnoaaEoorws :
OFFICERS ARE EXCL EL DISEASE EA EMPLOYEE $ 1,000,000
OTHER
DESCRIPTION OF ITEMS
-ertiricate Holder is named Additional Insured/Primary per the attached G209. RE: Job #680-
7Y97-98 12th Street xexauilitation, Street Removal & Replacement. Waivers of Subrogation apply
,e, GL (CG2404) , Auto (9-2318*-A), and WC (WC 0*0306}. * 10 day notice for non-payment.
'
SHOULD ANY OF ThE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY
3o DAYSwFUTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Seal Beach
- . _^ , , , ^ _ ^ ^, ,._, , , _
Di rector of Public Works
211 8th Street -- - ,. _ ' - ° _ ^' ''.--r�~ .
Seal Beach, CA 90740
AUTHORIZED RE - • —'— ^ �� /