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HomeMy WebLinkAboutAGMT - Nobest Inc (Concrete Repair FY1997-98) 2 1 Public Works Contract CONCRETE MAINTENANCE REPAIR PROJECT, FY 97 -98 PROJECT #675 For CONCRETE MAINTENANCE REPAIR PROJECT, FY 97 -98 PROJECT #675, in the City of Seal Beach. THIS AGREEMENT, made and entered into this day o k 1 99 /by and between the City of Seal Beach, California, hereinafter referred to as the "CITY," Party of the First Pa frt, and I Nobest Tnc-nrpnratar1 hereinafter designated as the "CONTRACTOR," Party of the Second Part. 1 WITNESSETH: That the Parties do hereto mutually agree as follows: ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said CITY, the CONTRACTOR agrees with said CITY to CONCRETE MAINTENANCE REPAIR PROJECT, FY 97 -98 PROJECT #675, 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 furnished by the CITY), and to do.everything required by this Agreement and the said Specifications, Drawings, and Contract Documents. I ARTICLE II. For fumishing all said materials and labor, fumishing 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 bome 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 111: 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 111 conditions herein contained and referred to for the price aforesaid, and, hereby contracts to pay the same, at the time, in the manner and upon the conditions set forth in the Specifications and Contract Documents, and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby 1 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. 111 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 contrail. It is further expressly agreed by 1 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. 1 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 CONTRACTOR TO SUBMIT UPON AWARD: 42 CONCRETE MAINTENANCE REPAIR PROJECT, FY 97 -98 PROJECT #676 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 worts of this contrail. • IN WITNESS WHEREOF:. The Parties hereto have caused this contrail to be executed the day and year first above written. CITY OF BEACH, CALIFORNIA Party of the - irst P BY / Clerk f1Aa Hager : BY • -Pa of the 7 • d -- F A Presid- .t Title j3 P.O. Box 874 Address Westminster, CA 92684 CONTRACTOR TO SUBMIT UPON AWARD: 113 CONCRETE MAINTENANCE REPAIR PROJECT, FY 9748 PROJECT 0676 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Ito.59o, [r��-/l,/l 1.1./lllll JlJJ/Y-/ltJ1��,/l./1ll 1./ .�✓!J' -/Jll1.IlJlll./-�lJ! —mil (`l� 1 State of California • County of Orange On 1-2-98 before me, David E. Poole , Notary Public , 11 DALE IIAI.IE,II ILE OF OFFICER-E G.,"JANE DOE,IIOTARY PUBLIC' S personally appeared Larry Nodland (O NAI.ME(S)OF SIGNERIS) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence k to be the person(s) whose name(s) is/are g S subscribed to the within instrument and ac- knowledged to me that he/she/they executed \ the same in his/her/their authorized 8 1° DAVID E. POOLE g capacity(ies), and that by his/her/their S Commision#1142095 r signature(s) on the instrument the person(s), ...1.i' Notary Public-California o or the entity upon behalf of which the � w'-•- ��� ' ORANGE County b ?`"-;' My CommExplresJun 14.2001 person(s) acted, executed the instrument. WI ESS my hand and official seal. 1 • Cam---- SIGIIAIUREOFNOTAH•l iThough the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 1 ❑ INDIVIDUAL CORPORATE OFFICER y Contract Agreement__ fi President TITLE(S) TITLE OR TYPE OF DOCUMENT 1 /� ❑ PARTNER(S) ❑ LIMITED o ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES El TRUSTEES) R ❑ GUARDIAN/CONSERVATOR 1t ❑ OTHER: -__ DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTITY(IES) l0 --- -- - SIGNER(S) OTHER THAN NAMED ABOVE o ✓..//1ll111111�1111 llll 1 11•„�l1/'111111 1lliC/■ 111!11!111 1111Jl11l�- ki ©1993 NATIONAL NOTARY ASSOCIATION•8236 ReiIUnel Ave..P.O.Box 7184•Canoga Palk.CA 91309-7184 ly • • • • • • ys• Bpi Np, CC 5616 •• PREMIUM: $864.00 _. EXECUTED IN TRIPLICATE PERFORMANCE BOND •KNOW ALL PERSONS BY THESE PRESENTS that: • • • WHEREAS the City of Seal Beach,has awarded NOBEST INCORPORATED • 7600 ACACIA, GARDEN GROVE, CA 92641 (Name and address of Contractor) ("Prfndpal'),a contract(the'Contract')for the work described as follows: • • • —SAN RETE MAINTENANCE REPAIR PROJECT • FY 97-98 PROJECT NO. 675 WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW,THEREFORE,we,the undersigned Principal, and •• CONTRACTORS BONDING AND INSURANCE COMPANY 23172 PLAZA POINTE DRIVE NO•. 185 LAGUNA HILLS, CA 92653 • (Name and address of Surety) • ("Surety') a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Entity Thousand • Dollars($ 80.000.00 ),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 OBUGATION IS SUCH THAT, if the hereby bounded Principal, his; her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well • and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true • intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided,then this obligation shall become null and void; otherwise,it shall be and remain - In full force and effect. . • In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable 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:D.4 i' • CONCRETE MAINTENANCE REPAIR PROJECT,FY 117411 PROJECT N475 • • • Si t _ : 0• D :.,,,:,....-..... forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned repnesentative(s)pursuant to authority of Ms governing body. G • Dated: JANUARY 2, 1998 . . . ' • "Prindpar 'Surety" . . ' •D NOBEST'INCORPORATED CONTRACTORS BONDING AND INSURANCE COMPANY• B \' --0 Ift By:, AfilAAL '\ 4 - 9 Its -e,-,._- Its LINDA D. COATS, ATTORNEY IN FACT '`=' By:,.. • By. Its Its • in •t ' , LI • • [.] (Seal) (Seal) • • Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any . person signing as attomey-in-fad must be attached. •0 . • . . • .. 1 .. .. . U . [..] . • . . Eq • " - 0 - ••• . .- .. . • • L .. . . .. . • CONTRACTOR TO SUBMIT UPON AWARD:D.5 . ' . • • . - : • CONCRETE MAINTENANCE REPAIR PROJECT,FY 67.66 PROJECT#676 7. i...: • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT no.5507 140•ll�llll .-—lilt JllfltJll-/./'lllllJ.r...or"'Ill1l111.r1llJJ11lll�llll! —ll 1 State of Ca, ; fp. County of Orange R 8 N On 1-29- 8 before me, David E. Poole , Notary Public , O DATE NAME.BILE OF OFFICEn•E.G.,'JANE DOE,NOTARY PUBLIC- t\ personally appeared Larry Nodland � O NAME(SI OF SIGNER(S) , 1, IN 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- N o knowledged to the that he/she/they executed the same in his/her/their authorized N 0 capacity(ies), and that by his/her/their R 0 D.AVtD E. Poot.E signature(s) on the instrument the person(s), ; ;,zr`I, 0 '.'•• Commislon#1142095 r or the entity upon behalf of which the k 0 cfi r.,•.`'` -4 Notary Public-California l y p 0 �'%`:zi;i4 t ORANGE County Ch person(s) sn acted, executed the ir•s►r u.ment. ` MyComm Expires Jun 14,2001 W ' SS ! y hand and official seal. • 0 AO 0 SIGtHAIURE OF NOTARY t i (1 • ONA Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent l5 fraudulent reattachment of this form. 0 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL tit 0 El CORPORATE OFFICER Contract Bond _ N President TITLE OR TYPE OF DOCUMENT 0 TITLES) `� 1 ❑ PARTNER(S) ❑ LIMITED y S ❑ GENERAL 0 0 1=1 ATTORNEY-IN-FACT NUMBER OF PAGES y ❑ TRUSTEE(S) IN CI GUARDIAN/CONSERVATOR 0 ❑ OTHER: • 0 — — DATE OF DOCUMENT i SIGNER IS REPRESENTING: ,l`, \ NAME OF PERSONS)OR ENTITY(IES) 0 - -- SIGNER(S)OTHER THAN NAMED ABOVE (0 --- — _....... -- `\11 l�llrl�1/lrlllJ�l�lll !l/1,�1�t/lllllllll�l ll l ./!lr✓l 111 Jlllll�JlllJ, 01993 NATIONAL NOTARY ASSOCIATION•8236 nenunel Ave..P.O.Box 7184•Canoga Palk.CA 91309-7184 • • ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On JAN 0 2 1998 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(.) 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 ha , and official seal, ()CHRISTOPHER J. COATS ��i N CRN. # 1103462 ci/ NOTARY PUBLIC CALIFORRIA N ORANGE COUNTY �� , *Caw.Bqt es July 15,2000 gnature of No 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) ,.• -' .. . 4,1\ - .. .. .. 0°00., _. .. 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'I' °°°`:�4. )12EAD GA1REFUJW!o is lax&gigitsfekiit areurifloo _� oo;,,, , °o° e e�o.01_ ,° %°4.0°.::-,15-- A valid original of this document must be printed on security paper with black,blue, and red ink, and E-1._ ° • !Oki must bear the raised seal of Contractors Bonding and Insurance Company(the "Company"). Only an 0'5:0911 ! unaltered original of this power of attorney is valid. If a photocopy, the word "VOID" should appear o ; °o.. • clearly in one or more places.This Power of Attorney is valid solely in connection with the execution and ° delivery of the bond bearing the number indicated below, provided the bond is of the type indicated °• °°° ' 'p1l,.o1 below, and is valid only if the bond is executed on or before the date indicated above. o.l��l) 0 oo°°o o_ .. _ � 1 .fir Y mod' �F= a a •°•'• �V ` � e �oo°oo 0 0 0`000 •.• '•• : 4•'.4'1.' ?'• - ...�,. i; . ' *'c,,s6_`,1"..ef sl c °' �':'V i °ooe ooh°°0 0°- :• .�i�' .y, c��. �.0 �•,Y•' °� .. •1�•�f' 5 < '�`'.._. �����°O q` '�+a ��� aF„> i, � \• �*„o,n c o°o°i ° .KNOW'3ALL• MN<BY ,THESE PRESENTS;':,-that;"thee'Company,,does.iher.,.1 make, constitute�; %oo;o, 'o°° _ '4 .` <. n.,,. , r.r• a �:..�, o o;o,° ,, ._ °� o . and°'appoint then foll'owingp. DO�UGLA eA:wRAPP " d-,,_LIN A P COATS3ai-iks et u,e••'�and r .�, ° il) ?' ° lawful Attorney("s)'-in Fac•t', with full power c.a�nd_authorr.ty lie aalzr conferred n i s l ';;; ;i 0�0°00°0°- c,w",,, y ,i1. ";�--_ 1 ii. ���wl,e'd T' . 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' - � '"�, •• • u,,, .,� , w �- � •ems. s. � E°� ' 'documents required 'by,an• obligee*under: a;:eontractRbonded by the, Company,•: Th s,, o °° °o° i,o og_ nt .. .6• \` r.: •a,:,,ZE 'Z -,-°•.:•d:'a c _ o 000°0 00 'appointment .is°made,.itnder�the',authority°t�:of the•'�Board°ofsDiector:s of�th`e =.°l o o°oo'o° °°:,.° o •U Si r, .l Ups a -r P. •i -o , ° ,?,�•,-' p� >w�p " )) :1 °00 _ 1�-1, :D �.,: ,1v.• ` �.:_t2,.c -- 'C-.:....tin., .-2. b..;. :� .F.f,_,l�,X-�`;___2,k'Q'2A-21.::5:21.2j,_‘...-4140._ j '_%-:..st ,�1`J ,• 'i f(Ic a' z }�, --_ -----� •• „+T.-- �yulili -�",i�- -�VI - ,,,nom cw• ` r •; ,o..� - ,I,r;,. O' .,000 =__ 15�:. -1R_} 4o .&J'••,.r•filirly:"' fiY$�"N:{w':` I�4 :;.. _IMP"., '.=.#tIL'. , a,_lf4 °", It 9V ,•, ,00,0 �_ ��3 t��. �- _�i � �_��-�- -- --,�r,�>;i- '.a.u..'�Y�y�li',z-- tian'PA U> -'�', ��a`'. ��'�',--- - ;mod -0 a-�_-_ -�--- - eo°o°o COeOOO° � >=_�E ti-a��'.a��=� ]]��,,, .. R„I WI'�R•v�' •��ilRi�wui $41..x� W , ,. ��is'S-- o °000,00> °<:.:4:::-.Z::-:: __` _ ,).ii'�'� .'�ulr, 'IAN's,'' roe •,e,,�����, .d n _,k.., e @=y 3'a_-:, i_? i N' w.,,I :I ,hm eau 4, O• . I .:! ,c `;; Y[.�.,4_cticr i - _ °0,0 p �St :a_===... "f•_ -75."-M .'.J4 .�w�,•'.i'• Ih;:n�IT•�<�'.' ���YI�-�"."!A • �u���allVi.i • as�'Nli'ini .�`• � .� � v��V O�C�=eLV,..-+s�z... p°op° p \� °,40�o CERTIFICATE ▪ o P:1119 II; ° o° _ :-_-:.,,,,,..,w,° <°,o, o o ° ° ,, ° I, the undersigned secretary of Contractors Bonding and Insurance Company, a =ao��° °1111 ' (USIA Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full lo')!1i))Y° ' ° force and effect and has not been revoked, and, furthermore, that the resolutions of the it °oo,00,°, ',°//...%%--= o ?° le Y0°°ono Board of Directors set forth on the reverse are now in full force and effect. -ono 000° :. (�� °'° CC 5 616 o°° w_ t Bond Number = °040 0°00 a��� t:L:4 ,0** 0 00°o°o°o :l • f, xK 44.E . , •Si Signed and sealed this 2ND <Ta(of JANUARY 19 99 . °i.1 jnoo� .� : �x�: ?4::�k, .F::. '�ts>`.i:w:4,. g to°,IQ),, . .040°o o• - • 7' yRy`1�.•�.:.::t•4;tt.�.: ?��Twfi.. ��.eje"x: _ ° 0 0 0°c°eo _- R ��'� K.R Y' A .7tx.r Y /,�Ty _0 0000e.°I °°c°o°o o°s- w� 1. 3. ,e!.;rYt461 o °°° I, jr .;" Kevin L.Lybeck,Secretary ▪ ,,� .:; 111,,('A amt vg..ft t4 ,� ..: PrI1ll);:: .,,, 00, v $" 4;:k1 ' `1.., CBIC ° 1213 Valley Street°P. ox 9271 0 Seattle,WA 98109-0271 _oo°0000, 'i; ,0000 = ) Y '� o o 'i 0'0°0°0° °,000peov_ , t,44 ,f' (206) 622-7053 (800) 765-CBIC (National) (206) 382-9623 FAX o °°° art:, : �' e , !, o°000= x >' <<:#x;'' ?.. 0 0 ° ,1 ,, PoaLPOA.02-US031296 ° .:' I�i.o�`r w .. e rlTTTunnurin111lTrr�,rrrlTrrrrwiITIrITTIr�,rrrrTnlr�rlrllllllrwimilnrsrrrrrflllr,flllllllrrwnllllnrr,r;!III) I:: ' IrTITrrTr nllllrlrr rlrnllrl •�;I f►,,°a,�0;0417441Oa°°,°oed1446l1ea,,odd! !!a°°,°d4ldE!!!aa°.oodld4llEEa°°od41644l1ea,.X044 oa, odd !a°°odDl404lOaa,.,°°d! eeo.od ea,,,od4 oa°.°ad44 4ldaa. ' . °0.0° °°0:000 446 oe0.oge o;o.o°o o°o:o°o o°o.og� !64l1p0,:°00!644!!0°0:0°0 0°0.000 446!!0°o.o°,61464!!°0°.o0p 5644!!0°0.0°o°04 000:oo°°e o 1 oc°:•°oo0�00°0000°00�0�000�000°o:!°:* 00000°o°o°o c�oo oo 000°o oa0o�o°0 00°°0°00:' oe,4:Y1°o°:o°�o°°0000°0°0°:0°-0°0°0°00°0°o°�:�e°°o°°°it OO mot 0000°o°0�:°00;::?: �0°0��0��°0�0°0°o°p-`':: c°o°�°O°c-o�o p';'A, ', coo o _ 0000 � 0000 o o � oo�o,o oeoo°o.��•OO� _ o 0./.0::�o00o°o'.%.:°0�o; e e°o oo°p�0000 e ee o,:---r- .x..oo:;°�o1,,,*°,:.6oeo o°. °ono '.o o,, �°°,oeoo:—. .�•. 000°o°oo°o °°°°o°°°° ;°o °°o o°°,°'•�-:::;4 o°o c o 0 oe, ��oo.,o,o�o°o�„ 00 0 00 0..o0 0 0°0 00�. ° o°oo°oo°O0 0°��`0°0�o°o�°��°�o°o°o°o°�°��°o°oOO°o o:°��°o o°o°o°o ��o°0 0 0°00�°0°°°co c� o�o'° °°°dd°o 0 0 0`° • �►o °�° �►°oo°o °�� oo o °o o°�� o°��° °°Oo °�� `°��o °v►0 00°'v o o °°��o ' °° °°� °°Ooo�°v o o�► ��o oe°° ° °o o° o° ,, '°-:.,' 000° o°o° -__- '-f::<.° •__ o°o '-e-::° _..... '-f.:-° .. '-- 0 -- e - 0 0 0 .:::� °-:0° .::.: °-:°'' a,, Certificate of App•ttriraens and] Resollutions of JP card 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 he 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 he hereunto affixed this 1st day of Jan ary, 1994. . /.: State of Washington " Steven A.Gaines� . 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. WITNESS my hand and official seal. rfta.SEAL. WILY HUDSPETH Signature �"' � (seal) `�-Unto Of Mambo Molly A.Hudspeth,Notary Public CoIro ssom Finless l-4.111 Si,.i• • • •• • • • • BOND NO. CC 5616 PAYMENT BOND PREMIUM: IHCL•UDED (LABOR AND MATERIALS) - EXECUTED IN TRIPLICATE • KNOW ALL PERSONS BY THESE PRESENTS that • WHEREAS the City of Seal Beach,has awarded to NOBEST INCORPORATED 7600 ACACIA, GARDEN GROVE, CA 92641 (Name and address of Contractor) ('Prindpar),a contract(the'Contracd')for the work described as follows:, CONCRETE MAINTENANCE REPAIR PROJECT FY 97-98 • PROJECT NO. 6.75 WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure the • payment of daims of laborers,mechanics, materialmen, and other persons as provided by law. NOW,THEREFORE,we,the undersigned Principal, and CONTRACTORS BONDING AND INSRUANCE COMPANY 23172 PLAZA POINTE DRIVE 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 unto the Public Agency in the penal sum of giohty Thousand Dollars(S 80.000 ), 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 OBUGATION 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 CNiI Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment.Insurance Code, with respect to work or labor performed under the Contrad,•the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise,this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code - so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond,Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the court. FURTHER,the Surety, for value received, hereby stipulates and agrees that no change, extension of time, -• alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder,or the specifications for the same, shall in anyway 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. CONTRACTOR TO SUBMIT UPON AWARD:D.6 • • CONCRETE MAINTENANCE REPAIR PROJECT,FY 174$PROJECT$175 •F i . • , . fyi •. • • .4! • • , ..... .:. . , .... . . . . . . 'tip Identical counts its of this instrument, each of which shall for all IN WITNESS WHEREOF, two (2) � �. purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set a 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: JANUARY 2, 1998 ••1 a •Pdndpaf Surety... . _ • . .. • n NOBEST INCORPORATED CONTRACTORS BONDING AND INSURANCE COMPANY ti .�:. By:r\ BY. Asat)._ -LiT-N • c__ _. _ : . 7?sr•. °'I`.t� Its LINDA D. COATS, ATTORNEY IN FACT ri . . By:' By:, Its its . [I 0 . . (Seal) (Seal) 0 . • .Note:'This bond must be dated,.all signatures must be notarized, and evidence of the authority of any ,person signing as attomey-in-tad must be attached. . 0 . LI t • U " • a .. . . . . .. . • _...... .... .. .. ... - . . . . . . . .. . .. . . . .... . .. . . . • • . - CONTRACTOR TO SUBMIT UPON AWARD:D.7• . CONCRETE MAINTENANCE REPAIR PROJECT,FY 17-rri PROJECT#875 . E.L.' .- • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT TI;,.5907 (r-."="=. !l-/'��l,/lll�-..rlJl11./�J�'111./llJ1-11,I .r..�.11l�' ././llrrJlll./llJ�' lam" ..r1 1, S State of California County of Orange 0 o o On 1-2-98 before me, David E. Poole , Notary Public , l DATE NAME,II rLE OF OFFICER•E.G.,'JANE DOE,NOTARY PUBLIC' 1 l� personally appeared Larry Nodland 11 T1AME'SI OF SIGNER'S) . \ © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence g to be the person(s) whose name(s) is/are o 0 subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized 1 o o DAVID E POOLE capacity(ies), and that by his/her/their '•�'" s Cornm!sion#1142095 r signatures) on the instrument the person(s), ,. ,.. . Notary,Public-Californian or the entity upon behalf of which the • I:4 ORANGE County N A \k•;r MyCommExplresJun 14,2001 person(s) acted, executed the instrument. k WITNESS hand and o • ial seal. a 0 y al R 111 s.urrAIURE OF NOTARY 1111 R• O ONAL �° �s: .� °•,. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT a ❑ INDIVIDUAL A El CORPORATE OFFICER Contract Bond President TITLE OR TYPE OF DOCUMENT A A TITLE(S) 0l 1 ❑ PARTNER(S) CI LIMITED 1 ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR El DATE OF DOCUMENT 0 SIGNER IS REPRESENTING: g 0 l 1 NAME OF PERSON'S)OR ENTITY'IES) t SIGNER(S)OTHER THAN NAMED ABOVE 0 `!�l/1JJ•l�lfll�l./llJ/ll JY./�ll�t/lflll/llfJ/�/ll.�J.�11�rllfll f�l l!�./111J� ei 993 NATIONAL NOTARY ASSOCIA1 ION•8236 Rommel Ave..P.O.Box 7184•Canoga Park.CA 91309-7184 • • ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On JAN 0 2 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 hand and official seal, , /4 CHRISTOPHER J. COATS to ;.,11,x, COMM. # 1103462 > /-�►=r ,'' ! 'NOTARY PUBLIC CALIFORNIA II or; I < 'F7 °RANGE COUfrTY N Kt Comm.bra iluy 15,2000 - / n lure ofNon( 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) • 11- -- -- -- „,,:i.4, - ------` .......� ----_-- - -- ,,,, '---` 0,,;,,,'---- 00:...,, ---- o° •/I e„,*:,,,^oco°0000 o�°o°o°0 00 0^_c000c o°o^_ 000couo ute=ri�o°o o—O0,,,,.:°o—°00 0° °0 00 0°^00000�o=oo�o 0 0^°0��oo°.a—°o oo° o^o°o°0 0 +o of e�0 0 OC�B°o �� °O000°o°°oco°OO°o °o°*5--.: °oo°o°o°-_-=: oco°o°oo�Oaoo 000°,°=p00000007 p0000op+433.°o°oo+4,iiii:i'llo°AI �O°�°eo0000° �o°o poo� °O+ °°oo° °O.00 OOOO+o°oo°oo 0 0 00° Oc OO°o�o 0000°o a ° 00 0 +a°o 00000 °<°:40:°°oT0°0o°o°r°>.00°a;oo°o°o°0000°o °o°o°o°o°co°o°ago°f1,.>,°o 1.,0,o��°oo°oo°o°o:14:o°oo°"oo°o�o�0°0°0°0°0°00°00°00°0°0°0000°oco°OO°o°o°o o°o°o°o 7o°�o°oo°o°o°oo°oTo�o°o°o°0000°o,o oo°oo°o°oo°o$o:o°�o°°oo`000$owazo'o°oeoo° /,, °o°80p o;0000000000$ o,°0000r00000;QOOOOOOOOOOa;000000c00000;oa00000co°og;g0000Q 0000$o;ooco?0000$o;Qa* * 0000;00000Q oQ0000;;000000P coo$a,00000 oo°o;0000000� oo�.a0�O4olO0i o,p;a�000 III. I(((i o°�ro,IQI�IPI�IiIPip11''Ak IQI�r01�Iii i�i��o∎p41Qr�171?Iiiii�A°i41�IP10 1pIFi�i�io�a�PIQidiOlii�ili0i°io∎��I�III I�IiI�iPi�io�°��I I I°Iirlidi�o∎�i IQi I11011i�i�iP∎opal I III ili C∎°∎°�arniO�I�i�i�i�o�o�arQi�i�I 191�iO�lAI►o�arai l I1 �oi l i I111 rpi�° °),)I7: I(•� 70�11�1 :'• - °o°o I;ii 1 a° BONDS 0 ` LIMITED POWER OF ATTORNEY - `°`°' ° �° to o°e°o° °, •:::(0(fri Cs'.1 #r -; 0)04 II:. ::0°:000- INSURANCE � +, 0 0'0°0°`°� o o°°0°0 oo°000 0 0000 ° ° °° Not Valid for Bonds Power of Attorney 041C. ;;ilk': _ Executed On or After: April 30, 1999 Number: 538264 :l4:,1%i °°0°o uocos� o C°p <p°ocoi - _o OOOOp a°�= - :::OG�0 oa'oco a ::Z-14°' I oo' 1 :' e READ CCAE2 ,T,V W= f (x C O I The • co° °o°,°o• v o O O O o o - e�op;Opp 00 eo o°� e A valid original of this document must be printed on security paper with black,blue, and red ink, and e�oo;a°o° (Ipo4' must bear the raised seal of Contractors Bonding and Insurance Company(the "Company"). Only an -. ,1 No e„,o°°�= unaltered original of this power of attorney is valid. If a photocopy, the word "VOID" should appear E.--14::::A„';o i ,OOp o°oo ° < clearly in one or more places.This Power of Attorney is valid solely in connection with the execution and ▪ o°°°e ,,, °°°°° delivery of the bond bearing the number indicated below, provided the bond is of the type indicated —°° ° 11 (III.:4 below,and is valid only if the bond is executed on or before the date indicated above. o i))); . '''‘%°::<§:°.i1_,.oc c o° _ r Y , ib., -i• ). a, ;s' �; `t'ri l'Nr :oo q , �•i�{, a y o°o°°°o 0 0°0 0°0°°� Ya ��4 �i 5 -��.:•.... ' �{ ,��4„ •'. •3;,c^,',' ;�� ;4` �,.'�” a•`aYc'°�:4�-t \'`✓�F�..„,r' 1 _ o'oo°°°° 00000°oo°� •F'� � �+ r• ��� KNOW rALL MEN_ '.BY THESE P•RESENTS;' that;.the,'sCompany does••,herebyR.,make consti=tute a _ *,;. 000 ,, :p 64.+', •; '.. - oe:o,.. rt ,y; a !l+ �r 1 , ems„ .eytc^ , •+�'s.:E _ o I,r ;, '° - pp J OVGLAS A'.' RAPP aad LINDA'D: COATes:ti t's�;tru'e'and ?° ;; ., and',a ont the,�,r�,f6T1"owin D_��, � �- _ .:•,,,,,�; �;,.:• 'o, ''1 UI11i°� � ' u,' q 1 : ct,, -E= Fh-3 1y 1 '�atiIII�i , �,l°° - • lawful AttorneyN..(rs•),-in=Fact w t a.c1l_,power��---an thorit hereby:•conf;erred, � 0.:,?-; °o °° ,i 1 <o its"„''name;"'�k,;place and'-stead,J�to execute•, _acknowledg-e, aiid9deiliver a '(l), SBA ; � '�.;`a• ::°° °e°ia°o°000 r ,o...�io a'n {0?Z = •^3-� e :,•� `�`J'^�._-_ =Y = '_g_ ,e .'0 34:,°u.. '•xmn .4, - :':::ooeoo° <o:g guaranteed per f ormance- and ifplytti t- bonds•'not° exceed ng=thec penal 4sui.ri f �,0 , o >,'1, vli. u,���,��,, � ';,i,• f'i�s-'-�-�� -�� ' �tt=-= �� :��°��=�c�' �"""^`if,"T''.c'���a r •" Vifs'•'�•�- ' _ °o°° ,11 :, $1;;2.50,0,0,0;,, (2)'„^�;rtbid•bonds-,ftritMascl.where; f .the contract is:.awarded• the'',SBA` '� '°° „ ,� (I���oQ' .�,; .,�'vr'. ”' '•ePrA.... �"$s—� �-+-'-- ', � -f�sc � - =i c.r..�,.�.c,�t4. � ��,;7K.^� ,;:ti'•I 'o��lll'„ II o° o�_ ,guaranteed�•performance;and/,'•{or payment7.bond=('s)X will; not excesd�,$•••1,,2'5'0`;0;0,0; (i3)"; ^„ °°°°,i °oo°°% _ ;all`tother(bond`s;- coded, •.or classified;by the'.'Surety. Associ on of America Manual: _g 0'..„° °<o i= `off:Rules. 'Procedures'"?"and Classifigcation' fors.Fidelity /Forgery•and°Suretys;Bond_ s -i ▪ °;° / � .4> .- e n aa}1M'f kR.,.,.,• !L -000 I (including future ,,ana adment�s<,.thereto),.•:a•s Judic `Contract°:(exclud'iing,bid• <> W 1; I li��o ..'x..•• nd.+�,�...,.. Y• --I'z��-�','z�;� �.��.`� � ���--- 4' 'p't^>a,.,�,�-,. �'i,`.li ,',,:1�� °,III 1 ; °°°! bond's ,Miscell'aneous,; License=and-_-Permi=t Certificate of App i t ent and l esoll&itaons of tif.l:,Bard 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 facsiinile 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.Gaines Attest: Kevin L.Lybeck,Secretary County of King On January 1st11994 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. WITNESS my hand and official seal. cBAL SEAL (MOLLY A.HUlSPETH Signature (seal) Molly A.Hudspeth,Notary Public l�itCommis=fnB9ros 1-9-01 '�J • INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION CONCRETE MAINTENANCE REPAIR PROJECT,FY 97-98 PROJECT#675 • Indemnitor(s) (1i al nwraes): 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 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) lndemnitees' 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 Indemnitees. 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 Nobest Incorporated Name: By: -\'" IPA - By: Its Pre ;49V Its CONTRACTOR TO SUBMIT UPON AWARD:D.8 CONCRETE MAINTENANCE REPAIR PROJECT,FY 9748 PROJECT 0676 F • • 'i ?. - AGREEMENT TO COMPLY WITH - CALIFORNIA LABOR LAW REQUIREMENTS Ln [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] es that it is aware of and hereby agrees to fully comply with the The undersigned Contractor certifies Y 9 Y s�Y following provisions of California law: Fl1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, • Chapter 1 (commenting 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: i : 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 ri 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. [1 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 1J 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 contrail 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 L.' 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 L 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." [i _.......... 11/ Date 8 Signature ei .w.... L . . t,:: CONTRACTOR TO SUBMIT UPON AWARD:D-9 CONCRETE MAINTENANCE REPAIR PROJECT,FY 87-98 PROJECT#676 L • 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 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 property 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 nct invalidate any contrail 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:D40 CONCRETE MAINTENANCE REPAIR PROJECT,FY 9T-98 PROJECT 8675 • F • • 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 Conb'ad Code§20103.5: In all contracts subject to this part where federal funds are invotved, 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 property 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, induding, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall indude 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. LLicense no.: 3 5 9 6 2 2 Class: A Expiration date: 7-31-9 8 Date 1-2-98 Signatu • • • • • • • L CONTRACTOR TO SUBMIT UPON AWARD:0-11 • CONCRETE MAINTENANCE REPAIR PROJECT,FY 87.88 PROJECT 11676 • • • C0NTRACTOR'S - SPECIAL COVERAGE ENDORSEMENT This-erdorscr. t:iodises insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1.) A ZNDNI:ENT-GF.ti's'R. AL AGGREGATE LI ffTS OF L'sSU,RA.4CE TO APPLY PER PROTECT The Ge.•a1 Ara Ag-xegate. Lirrit under La-CTS OF INSURANCE: (SECTION III) applics Scparly to ereh of your projects a.vay from prcr.•.iscs owed by or rented to you. 2.) BLANKET ADDITIONL4L INSEREDS.RZQL'IRED BY CONTRACT OR ISSUANCE OF A PERMIT (A) V O IS AN NSURED (Suns II) is amended to include as an sured any person, oc-pniza ion, estate or governr.:ertal entity to whom or to which you are obiiga•.-d, by virtue of a w:i c� or a3.==^ens. or by virtue of the issuance or exis=aGe of a it, to provide insurance. such as is afford-4 by this policy, but only with respect to il;:v arising aut of 1. `Your work."for the additional msur- .1(s) or fcr which a. gov-rzr-atal a; •f bss issue a permit, or 2. Acs cr omissions of the addiccral insur (s) in connection wig their goner-al supervision of 'your work" at the location shown in the Sheaule, �.�s of liability sr.ecincd in such contract or a,^*�-'n. t, but in no then only :or the l� .a; event for '.i.:.i's of liability in excess of the applicable limits of liability of this policy, provide .at 1. such person, organ on .2ce en C: st , cs'.a:: or gavcrtal amity shall be an insur insured only with respect to oe:•s.t^_..rs taking place art. such ---rat has bn exc.:..ited or such permit has been w-i^.-n c:. s �3... or 3r.,._ • issued, and 2. a) the n.•rs of such person, or _ni=:ion, tt'us-r, estate or gone^.-,.-ral miry furnished to to company as of the effective date of the policy, or b) (1) such contact or agrecnG1t takes effect or such permit is issued during the policy period, and Page 1 of 4 Copyright,First Tate Y.na cm t='r o .t 1995 _u e ;ory, g=tad:.Lturial c!IraL:1n=Saviccs OM= C---- r Copyright.Inv.=Service Office. 085) • (ii) the named iesurd notifies us, within 130 days after the effective dace of the contract or agreerit it or the issuance date of the permit, of the date as of which such person org t ni on, tnzst e, estate or governmental entity shall be included as an insured. (B) With respect to any such person, organization, trustee, estate or governmental entity included as an insured by virtue of this provision, the first parsed iasur..d is authorized to act on behalf of such an insurd with rspec to all rnat:er3 relanrng to this policy. Such matters include the giving and receiving of notice of cacceilatten or r.cn-renewal, and the tr3kies of fig= in the policy terms with the company's consent ; provided, however, this shall tact r lieve an insured of the duties set forth in Condition 2. (Duties in the Event of Oe.-urnr-, Claim or Suit) of the policy. For the purpose of this provision, "First Named Insured" means the pencil or organization first named in the Declaration of the policy. (C) With spec:to the insurance afford.. these :dditicrrl insureds,the following additional provisions apply: 1. Under er Coverage A, exclusions (a), (d), (e), (i), (12), (i) and (r:t), apply to this insurance and any other exclusions added endorsement to the policy which a.•nesid the previous exclusions or are added in addition. 2. Ar-diticoal Exclusions. This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the additional irsurcd(s) are oblig..ted to pay damages by reason et-t e assumption of liability in a cor.t act or agreement. This exclusion does not apply to liability for damages that the addition-al insured(s) would have in the absence of the ccrc-aet cr ate--pent. (b) "Bodily injury" or"property damage" occurirg alter: (i) All work ea the project (other than service., rrnictenartec, or repairs) to be pet-formed pet-formed by er cn behalf of the additional insured(s) at. the site of the covered operations has been cos:ptetod; or (ii) That perticn of"your work" out of wlich the injury or damage arises has icon put to its intended use by any person or organization other than another contractor or subecncactn r engaged in performing operations for a principal as part of the same eroject. page 2 of 4 Carwrig.hL Fi:zi Sts:_ Cr:—.4.:p.Inc.. 1995 eri:.=-:a1 orinsu:a=e 3erri:. CtCicc ic.=Oflicc. 1935) with iu p r.i ion. Coq�:ti►ht.:ar.r&ncc Scv: (c) ' al y injury"or 'ply damage"arising out of any act or emission of the additional insurad(s) or may of their c-.ptoye s, other than the general supervision of work performed for the additicaal it a rad(s)by you. (d) "Property damage"to: (i) Property owned, used or occupied by or mated to the additional insurd(s); ('u) p;rpc;;y in the cam, custody, or cot al of the additiocal insur..d(s) or over which the additional insured(s) are for any purpose exercising physical cancel;or (iii) "Your work"for the additional insureds) (c) 'godly injury"or 'Sroperty damage"atisirg out of the solo negligent= of a lesser of leased equip:n=4 or to any "occurrence"which takes place a.. r the expiradon of as e„-uipme t lease. (D) Coverage provid.- by this endorsement to the Additional Irsurd(s) shall be primary insurance. Any other insurance rrais:ta d by the Additional Insured(s) shall be exr=c and not ibu-tory. • 3.) DUTIES IN r EVENT OF OCCURRENCE (A) The mg-sin-x=1: in Ccrtdition 2.a. (Sec on IV) that you must see to it that we are rot f.d of an"occur nce"applies only whet the"oc urrenCe" is own to: (1) You, if y^.0 a--e an individual: (2) A �e:, i;you a;c a partnership; or (3) An executive ounce:or insurance manager, if you are a corporation. (B) Tne re-virgin in Condition 2.b. that t you must see to it that we receive notice of a cairn or"suit" ll not be considered breached unless the br.ch oc curs air such claim or"suit" is icown to: (t) You, if you are an individual: (2) A pars, if you are a or (3) An cx:,.:.:tiv t of-3=r or i" Stan'manager, if you are a corporation. Page 3 of 4 Fist 3•,r.liosacnatt Gr:.a.�p,lac.. 1945 rightcd maters?anuurancs Se-vicd Ofice vvie.1 iu –_.ss::.a Coerig_L tzatus:.ee Services°M e.1985) • - • 4.) ACTIONS IN RI NE WHO IS AN INSURED (Section II) is amended to include: 5. Any vessel owned,operated by or for you or chartered by or£ar you with respect to an action in nen shall be treated in the same mat= as though the action were in persona=agaiwt you. S.) PROPERTY DAMAGE.-BORROWED EQUIPMENT (A) Exclusion j. of COVERAGE A(Section 1) is amended as follows: paragraph (4) of this exclusion does not apply to ` poperty damage" to borrowed equipment while nec being used to perform operations at the job site. (g) This insurance is exwss over any other valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, exxss, coming=or any other basis. (C) Only with =pew to this additional catirrage. the Each Occirrse..Lint shown is the Declarations is a-receded to read S15,000. (Section IlI-Limits) • Page 4 of 4 Capyri&E.east Stale titanage neat Orcup.Inc-,1995 (Includes eopyriened utaterLal of Insurance Sery c'a Off ee G-209 (12/95) With permission. Cocyrss.`u.Insurance.&I:niece°fries 1935) • S 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: The 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. January 14, 1998 CNA 9-23186-A Countersigned by (Ed.05/89) Authorized Represen e • 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 1/14/98 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: (Min Prem$50)to be determined @ Audit Authorized Re esentative 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, agents, employees, and volunteers. RE: FY97-98 Concrete Maintenance Repair. • • INSURANCE REQUIREMENTS FOR CITY OF SEAL BEACH PUBLIC WORKS CONTRACT LIABILITY INSURANZ 1 The Contractor shall at all times during the terms of the Contract carry, maintain, and keep in full force and ri 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: ; CONCRETE MAINTENANCE REPAIR PROJECT,FY 97-98 PROJECT#675 J IT IS FURTHER AGREED THAT THE FOLLOWING INDEMNITY AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE NAMED INSURED IS COVERED UNDER THE POLICY: CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS CITY COUNCIL AND EACH MEMBER THEREOF AND EVERY OFFICER, OFFICIAL, EMPLOYEE, ATTORNEYS, AGENT, AND VOLUNTEER OF CITY FROM AND AGAINST ANY AND ALL LIABILITY OR FINANCIAL LOSS RESULTING FROM ANY SUITS, CLAIMS, LOSSES OR ACTIONS BROUGHT AGAINST, AND FROM ALL COSTS AND EXPENSES OF LITIGATION BROUGHT AGAINST, CITY, ITS CITY COUNCIL AND ANY MEMBER THEREOF, AND ANY OFFICER, OFFICIAL, EMPLOYEE, AGENT, ATTORNEY OR VOLUNTEER OF CITY WHICH RESULTS, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY WRONGFUL OR NEGLIGENT ACT . OR OMISSION OF CONTRACTOR OR ANY SUBCONTRACTOR, OR AN OFFICER, EMPLOYEE OR AGENT OF EITHER, OR ANYONE FOR WHOSE ACTS ANY OF THESE MAY BE LIABLE,WHILE ENGAGED IN THE PERFORMANCE OF THIS =; CONTRACT, EXCEPT WHERE SUCH LIABILITY OR LOSS IS SOLEY CAUSED BY THE NEGLIGENCE =' OR WILLFUL MISCONDUCT OF THE CITY. THE INSURANCE COVERAGE SHALL APPLY SEPARATELY TO EACH INSURED AGAINST WHOM A CLAIM IS MADE OR SUIT IS BROUGHT, EXCEPT THAT THE INCLUSION OF MORE THAN ONE INSURED SHALL NOT OPERATE TO INCREASE THE LIMITS OF THE COMPANY'S LIABILITY. THE INSURANCE COVERAGE SHALL NOT BE SUSPENDED, VOIDED, CANCELED, REDUCED IN COVERAGE OR IN LIMITS, OR OTHERWISE MATERIALLY CHANGED,'UNLESS THIRTY (30) DAYS ADVANCE WRITTEN NOTICE BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED HAS BEEN s' GIVEN TO THE CITY. U THE INSURANCE COVERAGE PROVIDED BY CONTRACTOR AS SET FORTH HEREIN SHALL BE :3 PRIMARY INSURANCE WITH RESPECT TO THE CITY, ITS CITY COUNCIL AND ANY MEMBER CONTRACTOR TO SUBMIT UPON AWARD:D.12 CONCRETE MAINTENANCE REPAIR PROJECT,FY 97.98 PROJECT#676 :_: • • • • • . . THEREOF, AND ITS OFFICERS, OFFICIALS ATTORNEYS, AGENTS, EMPLOYEES AND VOLUNTEERS. ANY INSURANCE OR SELF-INSURANCE MAINTAINED BY THE CITY, ITS CITY . COUNCIL OR ANY MEMBER THEREOF, OR ITS OFFICERS, OFFICIALS, ATTORNEYS, AGENTS, EMPLOYEES AND VOLUNTEERS SHALL BE IN EXCESS OF THE CONTRACTOR'S INSURANCE AND SHALL NOT CONTRIBUTE WITH IT. INSURER WAIVES ANY RIGHT OF CONTRIBUTION WITH SUCH (� OTHER INSURANCE WHICH MAY BE AVAILABLE TO THE CITY. INSURER WAIVES ALL RIGHTS OF SUBROGATION FOR LOSSES AGAINST THE CITY, ITS CITY COUNCIL OR ANY MEMBER THEREOF OR ITS OFFICERS,OFFICIALS,AGENTS,EMPLOYEES AND C' VOLUNTEER i : • • L"• a 1 • 1, • • • . - • . _ • CONTRACTOR TO SUBMIT UPON AWARD:D-13 - CONCRETE MAINTENANCE REPAIR PROJECT,FY 97.96 PROJECT 4675 ADDITIONAL INSURED ENDORSEMENT . COMPREHENSIVE GENERAL LIABIUTY NOBEST, INC. , P.O. BOX 874, WESTMINSTER, CA 92684 Name and address of named insured(Warned insured'): • PACIFIC INSURANCE c/o MILESTONE INS. , 8 CORPORATE PARK #130, IRVINE, CA 92606 • Name and address of Insurance Company CCompany7: CONCRETE MAINTENANCE REPAIR PROJECT, FY 97-98 PROJECT#675 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 '1 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 f 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. fl 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, Il reduction of limits(except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty(30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. . Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. • 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at LJ Director of Public Works City of Seal Beach j.] 211 8 f Street • • LI Seal Beach CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, after or extend any of the limits, agreements,or exclusions of the policy to which this endorsement is attached. CONTRACTOR TO SUBMIT UPON AWARD:D.16 CONCRETE MAINTENANCE REPAIR PROJECT,FY 97.911 PROJECT#1676 • • • ADDITIONAL INSURED ENDORSEMENT • AUTOMOBILE UABILITY 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 f ComPanY7: CONCRETE MAINTENANCE REPAIR PROJECT, FY 97-98 PROJECT#675 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 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 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. 8. 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 S. 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.18 CONCRETE MAINTENANCE REPAIR PROJECT,FY 57-98 PROJECT#675 • • ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY NOBEST. INC. . P.O. BOX 874. WESTMINS1'1 R. CA 92684 Name and address of named insured('Named Insured,: GENERAL SECURITY c/o MILESTONE, 8 CORPORATE PARK ##130, IRVINE, CA 92606 Name and address of Insurance Company CCompanY): • CONCRETE MAINTENANCE REPAIR PROJECT, FY 97-98 PROJECT#675 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. Al 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 thereto. In the event of Company's failure to comply with this notice provision,the policy as initially drafted will continue in full force and effect until compliance with this notice requirement 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on • behalf of the Named Insured regardless of any prior,concurrent,or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction,interpretation, and enforcement of this contract of insurance. • 9. This endorsement and all notices given hereunder shall be sent to Public Agency at Director of Public Works City of Seal Beach 211 81h Street Seal Beach CA 90740 9. 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.20 CONCRETE MAINTENANCE REPAIR PROJECT,FY 67.66 PROJECT#676 PRODUCER '/14)852-0909 ' - -852 --'- ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Iilestone 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 ApRomo|N�CPmEQAGE zrvine, CA 92623'9598 • COMPANY Pacific Insurance c/o American E&S Aftn: Steven Brody Ext: 221 A INSURED - ' onmr^w' CNA/Transportation Insurance co. Nobest, Inc. ; B P. 0. Box 874 ' — — - - ' - - - - nomp^w' General Security c/o American E&S westminster, CA 92684 � - - — - — — COMPANY THIS IS TO CERTIFY tHAT THE POLICIE .ifirikalRANQE LISTED BELOW'HAVE BEEN ISSUED TO THE INSUFib5.1■1AMED:AdoVE FOR THE.POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS sxocoomwo»wocowomowaopouo*pouc/aauwnao*mxNwmv*xusnsswnsoocsooY pmocuwmo� _� _ _ • _ _ co 'ouCrsn`snn«s POLICY EXPIRATION w oo TYPE POLICY . oxTs(mMmunv) pvTs\MMmunv> um/no .GENERAL LIABILITY GENERAL AGGREGATE w 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS COMP/OP $ z.ouu/00V 8>� CLAIMS X :oouon psnoowmu^ovINJURY $ 1,000,000 A ..-' �z000*^s� 08/03/1997 ou/o�/zyyo EACH OCCURRENCE $X nv�ernuoown�o`omxpnnr� �'��y'�VV0 FIRE DAMAGE(Any one fire) $ 50.000 ....... msoEXP(Any one person) . w 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ X ANY xoro _�z.00�,yo0 ALL BODILY� SCHEDULED AUTOS �p=�=" > B c129090108 0e/03/1997 08/03/1998 ' -� ' - ' -'- - X HIRED (Per accident) - X wow�vNso^uroo ' -.• PROPERTY DAMAGE $ GARAGE m�oowo'a^^uumswr » -'---'---------' ANY OTHER THAN EACH ACCIDENT $ AGGREGATE w EXCESS LIABILITY EACH OCCURRENCE $ 1,000,000 C X UMBRELLA FORM oo*22+7 0e/03/1997 08/03/1e98 AGGREGATE _ � •$ 1,000,000 OTHER THAN UMBRELLA FORM * WORKERS COMPENSATION AND ' X TORY E�� EMPLOYERS'LIABILITY � • -. -� ' •.... EL EACH ACCIDENT $ 1,000,000 B THE PROPRIETOR/ mu wCc155801796 10/01/1997 10/01/1998 'sL om�ms'pnun'um� $ z.ony.noo PARTNERS/EXECUTIVE ' - OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ z.ouo.noo OTHER DESCRIPTION OF ITEMS certificate Holder is named Additional Insured/Primary per the attached G209. RE: ]ob #*75, `Y 97-98 Concrete Maintenance Repair. Waivers of Subrogation apply per GL (CG2404) , Auto {e-23186-«} . and WC (WC 040306) . * 10 day notice of cancellation for non-payment of premium. SHOULD ANY OF ThE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Seal Beach 30 DAYS WRITTEN NOTICE nz THE CERTIFICATE HOLDER NAMED no THE LEFT, ATTN: Steve Badham BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Director of Public Works op^w,mwoopow,nsco�pxm, /`owasw`aomnsrnsoswnnmso 211 Eighth Street ' REPRESENTATIVES. NTAn� Seal oeucx, CA 907*0-6379 AUTHORIZED--' . ' • • 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. NOBEST, INC. i.. 2. The insureds under such policy or policies are: • 3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds, as follows: i POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE _i WCC155801796 104-97 10-1-98 4. Said Po cY or policies licies 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: Its Authorized Representati I. IL 1" • L L L. CONTRACTOR TO SUBMIT UPON AWARD:D.15 CONCRETE MAINTENANCE REPAIR PROJECT,FY 97.98 PROJECT 8675 • [-.. 0 0 kl TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES RF OM/TO 8-3-97 to 8-3-98 I�ABILITY GENERAL AGGREGATE - 2,000,000 PRODUCTS-COMPLETED OP AGGREGATE 1,000,000 _� PERSONAL & ADVERTISING INJURY 1,000,000 EACH OCCURRENCE- 1,000,000 P 11. Scheduled items or locations are to be Identfied on an attached sheet. The following inclusions relate to the above coverages. Includes: ** SEE, ACORD FORM 25-S (1/95) f ❑ Contractual Liability CI O Explosion Hazard Owners/Landlords/Tenants Collapse Hazard O Manufacturers/Contractors O Underground Property Damage O Products/Completed Operations O Pollution Liability 17 O Broad Form Property Damage O Liquor Liability i,:: O Extended Bodily Injury • O O Broad Form Comprehensive O O General Liability Endorsement O' L 12. A[deductible or CI self-insured retention(check one)of$ 1,000 applies to all coverage(s)except (if none, so state). The deductible is applicable 0 per claim or 0 per occurrence(check one). I✓4 ] 13. This is an 0 occurrence or 0 claims made policy(check one). 14. . y sf q!' 1-14-98 Number Nmiti `+gent is effective on at 12:01 AM. and forms a part of Policy El I, LAURIE SYLVESTER (print name), hereby 0 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 1-14-98 , 19 P .,,...a....,..z.e. lSignature of Authorized resentative i (Original signature only;no facsimile signature or initialed signature accepted) • Phone No.: (714 ,) 852-0909 x234 L . L. . H . L . LCONTRACTOR TO SUBMIT UPON AWARD:417 CONCRETE MAINTENANCE REPAIR PROJECT,FY 57-98 PROJECT#6T5 L. . • • TYPE OF COVERAGES TO WHICH • POUCY PERIOD LIMITS OF 8-3-97 to 8-3-98 THIS ENDORSEMENT ATTACHES FROM/T • LIABILITY ANY AUTO, HIRED AUTOS, NON-OWNED AUTOS CSL $1,000,000 • • 10. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: • " SEE-ACORD FORM 25-S (1/95) ❑ Any Automobiles ❑ Truckers Coverage ❑ All Owned Automobiles ❑ Motor Carrier Act ❑ Non•owned Automobiles ❑ Bus Regulatory Reform Act • ❑ Hired Automobiles ❑ Public Livery Coverage ❑ Scheduled Automobiles ❑ ❑ Garage Coverage ❑ 11. A❑deductible or❑self-insured retention(check one)of$ 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❑occurrence or❑claims made policy(check one). 13. • This endorsement is effective on 1-14-98 at 12:01 AM. and forms a part of Policy Number .. • C129090108 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. Executed JANUARY 14, 1998 , 1 g Signature of Autho Representative • (Original signature only;no facsimile signature or initialed signature accepted) Phone No.: (714 ) 852-0909x234 • CONTRACTOR TO SUBMIT UPON AWARD:D.19 CONCRETE MAINTENANCE REPAIR PROJECT,FY 97418 PROJECT 0675 • • TYPE OF COVERAGES TO WHICH POUCY PERIOD LIMITS OF 8-3-97 to 8-3-98 i THIS ENDORSEMENT ATTACHES LIABILITY FROM/TO � 15 Following Form [1..1 0 Umbrella Liability 0 10. Applicable underlying coverages: INSURANCE COMPANY POLICY NO. AMOUNT ** SEE ACORD FORM 25-S (1/95) 11. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 12. A 0 deductible or self-insured retention(check one)of$ 10,000 applies to aU coverage(s)except: [11 (if none, so state). The deductible is applicable 0 per claim or 0 per occurrence(check one). 13. This is anoccurrence or 0 claims made policy(check one). • 14. This endorsement is effective on 1-14-98 A 12:01 M. and forms a pert of Policy Number • . UB62247 • I, 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. Executed JANUARY 14, 1998 , 19 Signature of Authorize Representative (Original signature only, no facsimile signature or initialed signature accepted) L Phone No.: ( 714 ) 852-0909x234 • L' • L CONTRACTOR TO SUBMIT UPON AWARD:D.21 CONCRETE MAINTENANCE REPAIR PROJECT,FY 97-89 PROJECT#679 •