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AGMT - Pacific Hydrotech Corporation (Lampson Avenue Well Phase 2 Onsite Equip)
Recorded in Official Records, Orange County Tom Daly, Clerk RECORDING REQUESTED BY IIIIIIIIIIIIIIIIIIIINIIINIIInIIIIIIIIffIIIIIIIIIIIIIIIIIIIINIdllliiilllllil 2011000412888 NO FEE AND WHEN RECORDED MAIL TO q7 412 012 1:56 pm 08/22/11 CITY OF SEAL BEACH 0.00 0.00 0.00 0.00 0.00 0.00 Attn: City Clerk 0.00 0.00 211 - 8th Street Seal Beach, CA 90740 Space of above this line for Recorder's use. *** No Recording Fee Pursuant to Government Code Section 6103, 27383 **** ___( e NOTICE OF COMPLETION H- Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 –8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on June 10, 2011. The work was Lampson Avenue Well Phase II – Onsite Equipment and Site Improvements Project No WT0903. 6. The name of the contractor(s), if any, for such improvement was: Pacific Hydrotech Corporation. The date of the Contract Award was October 26, 2009. 7. The property on which said work of improvement was completed in the City of-Seal Bech, — -- - ---- County of Orange, State of California, and is described as follows: APM 130-012-57. Date: Q(� /I( �% -'`-i/" Director of Public Works, City i f Seal Beach Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on Y46k-ST eQ , 2011, at Seal Beach, California. (Date of Signature) "sits, Directoro Public Works, Cityeal Beach \ • AN AGREEMENT FOR LAMPSON AVENUE WELL PHASE II ONSITE EQUIPMENT AND SITE IMPORVEMENTS PROJECT NO WT0903 between - -- SE 4( * : *; Sp � �� 9y , - . s 4 C � " BF R ' 2 ..\ 9 - -44 $ : ''`, ? 1 JNTY tv'-- City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 ' & Pacific Hydrotech Corp. 314 East 3 Street, Penis, CA 92570 P — (951) 943 -8803 THIS AGREEMENT is made and entered into this 26th day of October, 2009, by and between the City of Seal Beach, a California charter city ( "City "), and Pacific Hydrotech Corp., a Corporation ( "Contractor "). S 7 2 9 6- 0200\ 107 3470 v 8. d oc • • RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Lampson Avenue Well Phase II — Onsite Equipment and Site Improvements Project No WT0903 ( "Project ") with respect to design criteria; and B. WHEREAS, Contractor has submitted a bid to City for the Project dated October 1, 2009 in the amount of $2,304,550 ( "Accepted Proposal" hereinafter). The Accepted Proposal is attached hereto as Exhibit G and contains, among other things, provisions defining the Project scope. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: AGREEMENT 1.0 Contractor's Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Agreement, Contractor shall perform and complete in good and workmanlike manner all work ( "Work ") required by this Agreement and the documents listed in Subsection 1.2 for the Project. 1.2 Contract Documents. The "Contract Documents" that comprise the agreement between the City and the Contractor are the: Notice Inviting Bids, Instructions to Bidders, Accepted Proposal, Non - Collusion Affidavit, Bid Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms for Check or Bond, Specifications, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, this Agreement, Exhibits attached to this Agreement, including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Worker's Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any and all supplemental agreements executed amending or extending the work contemplated and that may be required to complete the work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Agreement. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefore, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 1.4 In the event of any material discrepancy between the express provisions of this Agreement and the provisions of the other Contract Documents, the provisions of this Agreement shall prevail. 2 of 9 S7296 -0200\ 1073470v8.doc • • 2.0 Effective Date. This Agreement is effective as of October 26, 2009 (the "Effective Date "), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 3.0 Payment. For performing and completing the work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of $2,304,550, subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 4.0 Contractor's Personnel. 4.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of city officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the work performed pursuant to this Agreement. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 3of9 S7296- 0200 \1073470v8.doc • • 5.0 Indemnification. 5.1 Contractor's Duty. Contractor shall indemnify and hold the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees ") free and harmless from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim;" collectively, "Claims "), in any manner arising out of or incident to the performance of the Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Further, Contractor shall appoint competent defense counsel, at Contractor's own cost, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of the Agreement that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Agreement. Contractor shall reimburse the City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable. 5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1, Contractor shall reimburse the City for all attorney fees and costs incurred by City in connection with, arising out of or incident to any bid protest. 5.3 City's Sole Negligence. Nothing in Section 5.1 shall be construed to require Contractor to indemnify Indemnities for that portion of any Claim to the extent arising from the sole negligence or willful misconduct of the Indemnities. 5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the 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. 5.6 Survival. The provisions of this Section 5 shall survive the termination of the Agreement and are in addition to any other rights or remedies that 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 Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 4of9 S7296- 0200 \1073470v8.doc • • 6.0 Insurance. 6.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property and professional negligence which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subconsultants. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D -1: Additional Insured Endorsement - Commercial General Liability 6.1.2 Exhibit D -2: Additional Insured Endorsement - Automobile Liability 6.1.3 Exhibit D -3: Additional Insured Endorsement 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured — Owners, Lessees or Contactors (Form B). 6.2.4 Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.2.5 Professional Liability insurance. Contractor shall provide to City the standard form issued by the carrier. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 5of9 S7296- 0200 \1073470v8.doc • • 6.3.3 Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. 6.4 Deductibles and Self- Insured Retentions. Contractor shall inform City of any deductibles or self - insured retentions except with respect to any professional liability insurance. 6.5 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.5.1 City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials which are not also limitations applicable to the named insured. 6.5.2 For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials. Any insurance or self - insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials shall be excess of Contractor's insurance and shall not contribute with it. 6.5.3 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5.4 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. 6.5.5 Each insurance policy, except for any professional liability policy, required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. 6.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII unless waived in writing by City's Risk Manager. 6.7 Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, 6of9 S7296- 0200 \1073470v8.doc • Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 7.0 Liquidated Damages. Should the Contractor fail to complete the project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate $750 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8.0 Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Agreement. 9.0 Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City of Seal Beach - City Clerk 211 8th Street Seal Beach, California 90740 Telephone: (562) 431 -2527 Fax: (562) 493 -9857 With a copy to: Public Works Director City of Seal Beach 211 8th Street Seal Beach, California 90740 If to Contractor: J. Kirk Harns, P.E. Pacific Hydrotech Corp. 314 East 3 Street, Perris, CA 92570 Telephone: (951) 943 -8803 Fax: (951) 943 -1093 7 of 9 S7296- 0200 \1073470v8.doc • 10.0 Non - Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11.0 Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12.0 Non - Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 13.0 Attorneys' Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including all attorneys' fees incurred in connection therewith. 14.0 Construction. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 15.0 Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations, or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. (Intentionally Left Blank) 8of9 S7296- 0200 \1073470v8.doc • • IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. CITY OF SEAL BEACH CONTRACTOR.,‘ VLH �SZ �° 1 }tF� By: �' By: David N. Carnlany, City Manager Nam-. K- Title: Attest: By: I L :d4 .�/� �l�z � l B y : in a Devine, City Clerk Name: Title: Approved as to Form: By: uinn EC? M. Ba City Attorney 9of9 S7296-0200\1073470v8.doc • CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of CA ) County of RIVERSIDE ) On OCTOBER 13, 2009 before me, KRISTINE BERTUCO , Notary Public (here insert name and title of the officer) personally appeared J. KIRK HARNS persona+ly-knewn-te me-{or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity , and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. o..'.,,p KRISTINE BERTUCO ITNESSIIInnny hand y 'and official seal. Commission u 1782081 �� / i\4,r Notary ee -County / trAL,` Riverside Public County e t e I I.J/ Cpnm, DBC2B,2011 Pr 'snamre of Notary ublic (Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Ann' ackmoirledgment completed in California must contain verbiage eractlr as DESCRIPTION OF THE ATTACHED DOCUMENT appears above nr the notary .section or a separate acknowledgment form must be proper/' completed and attached to that document- The may exception is if a AGREEMENT document is to be recorded outside of California. In such m.5tances, any alternative (Title or description of attached document) acknowledgment verbiage as mm' be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a natal)in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully far proper notarial wording and attach this farm if required (ride or description of attached document continued) • State and County information must he the State and County where the document Number of Pages 6 Document Date 1013/09 siener(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the siener(s)personally appeared which most also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appeals within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signerts) who personally appear at the time 01 notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual (s) hershe/tl...�, is/are)or circling the corset Ihnns.Failure to comedy indicate this information may lead to rejection of document recording. • Corporate Officer • The notary seal impression must be clear and photographically reproducible. PRESIDENT Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the sienature on file with the office of the county clerk. ❑ Attorney-in-Fact ÷ Additional infbnnation is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused Or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CFO,CFO,Secretary). - _ - • Securely attach this document to the siened document CAM v111005 a)by Association of Professional Notaries&cm N0/t-573-9565 wwss nmarycrasses corn • • • Executed in Three (3) Originals Bend No. ...66..7..8.Qa Bond Premium $24,224.00 Premium is for Contract Term and Subject to P.ERFOR[stANCE BOND Adjustment Based on Final Contract Price KNOW ALL PERSONS BY THESE PRESENTS than WHEREAS the City of Seal Beach,has awarded Pacific Hydrotech Corporation 314 East 3rd Street Perris, CA 92570 (Name and address of Cont-actor) ("Principal"),a contract(the."Contact')for the work described as follows: l.arnpsnn Avenue Well Phase it—Onsite Equipment and Site I.9roverekents No WT0903 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 Safeco Insurance Company of America 330 N. Brand Blvd., Suite 950 Glendale, CA 91203_-_-_-_.._ (Name and address of Surety) ("Surety")a duly admitted surety insurer under the laws of the State of California, as Surety, orei held and firmly bound unto the Public Agency in the penal stun of Two Million Three Hundred Four Thousand Five Hundred Fifty and 00/100 Dollars (.E2,304,550:00 ), this amount being not less than the owl 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 tins ORIJGATION IS SUCH THAT, if We hereby hounded Principal,his,her or its heirs, executors, administrators, successors or assig.a, shall in all things stand to and abide by, and well and Lastly 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 farce and elgect. In case suit is brought upon this bend,Surety further agrees to pay all court cosis and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety,rot value received,hereby stipulates and agrees that no change, extension of time, alteration,addition or modification to the terms of the Contract,or or the work to be performed there under, or the specifications for the same,shall in any way aflect 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 Were under. Surety hereby waives the provisions or California Civil Code §5 2545 and 2549- The City is the principal beneficiary of this bond and has all ruts of a party hereto. IN WITNESS WHEREOF, two(2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof; have been duly executed by Principal and Surety; on the date set forth below, the name of each corporate party being hereto affixed and these. presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: October 8, 2009 "Principa€' "Surety" Page 11..347 rt • • Pacific Hydrotech Corporation Safeco Insurance Company of America der By: & By:Its — -- ,3.K.ay_\Aai s its Attorn:% ,rah Stupin By: By: Is Its (Seal) (Seal) ?Mote: 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. Page 14.345 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego J} On OCT n 8 2n99 before me, M. Whitecage, Notary Public Date Here Insert Name and Title of the Officer personally appeared Sarah Stupin Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(t) whose name($) is/Aye subscribed to the within instrument and acknowledged to me that He/she/trisy executed the same in hls/her/th&t authorized capacity(1O''), and that by hWher/tWMM/ signature(t) on the instrument the person(t), or the entity upon behalf of which the person($) acted, executed the instrument. M.WNITECAGE I certify under PENALTY OF PERJURY under the laws e.� s Commission a 1841606 of the State of California that the foregoing paragraph is u: rte,"e Notary Public-California z true and correct. 'a?.►' San Diego County D M Comm.Ex Tres Mar 22,2013 WITNESS my hand and official seal. Signature ---6111/4" Place Notary Seal Above Si afore of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General R(GHTTauMBPR(Nr ❑ Partner—O Limited ❑ General RIGHT-THUMBPRINT ❑ Attorney in Fact '=1 of SIGNER r`th ❑Attorney in Fact - OF SIGNER - ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: dcv.ssstowo wamswswcw.s�.c-zr«bzesbrsmebg .cLeswes ww,cwwaw.soz.A©©eos .w. a.c: «(39ser sNwAsse,cenwsstu`: secs, ©2007 National Notary Association•9350 De Soto Ave.,P.O.Bos 2402•Chatsworth,CA 91313-2402.www.NaticnalNotaryorg Item#5907 Reorder:Call Toll-Free 1-600-876.6827 • • • Safeco Insurance Company of America ,`t.y General Insurance Company of America Liberty POWER 1001 4th Avenue 0' Mutual. OF ATTORNEY Su 0 Seaitttle,ttle.WA 98154 KNOW ALL BY THESE PRESENTS: No. 4273 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint ******************JAMES BALDASSARE,JR.;LAWRENCE F.MCMAHON;AUDREY RODRIGUEZ;SARAH STUPIN; MARIA WHITECAGE;San Diego,California*******************************-*** ********************************* its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21st day of March , 2009 • Dexter R.Leon,Secretary Timothy A. Mikolajewski,Vice President CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, 0) The provisions of Article V,Section 13 of the By-Laws,and 00 A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Dexter R.Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this day of OCT 0 8 2009 • C% COMP coaoRtrcJ� p 3 SEAL B W SEAS. PIA Pr len 1953 ,rye � 23 for awMt�F+_ •4.�a " Dexter R.Legg,Secretary S-0974/DS 3/09 WEB PDF • • • CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of CA County of RIVERSIDE On OCTOBER 13, 2009 before me, KRISTINE BERTUCO , Notary Public (here insert name and title of the officer) personally appeared J. KIRK HARNS personally-kn wn-to nte-for proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity , and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. irot,.v,, KRISTINE BERTUCO WITNESS m d and official seal. commission a 1782081 < y..yr 7 Notary Public •California I `"�`!S� Riverside County "u'Itt Corn Dec202011 S. S �i. ubi Signature of Notar 'ublic _ �(Seal) • e ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM dm' acknowledgment completed in Califh nia must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form roust be properly completed and attached to that document The only exception is if a PERFORMANCE BOND document is to be recorded outside of California. In such instances. any alternative acknowledgment verbiage as may be printed on such a document so long as the (Tale or description of attached document - verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certiJiurg the authorized capacity of the signer). Please check the (Title or description of attached document continued) document caretidh,fin-proper notarial wording and attach thisberm if'required. • State and County information must be the State and County where the document Number of Pages 2 Document Date 10/13/09 signer(s)personally appeared belbre the notary public for acknowled gment. • Date of notarization must be the date that the siemens)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • the notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect fonns(i.e. hetshetth..,, is tare)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. M Corporate Officer • The notary seal impression must be clear and photographically reproducible. PRESIDENT Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-In-Fact Additional information is not squired but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document CAl'A 011100555by Association of Professional Semmes,&CsA 800-573-9565 www.notatyclasses.com • • Executed in Three (3) Originals ,j 6671802 Included in Bond No. Bond Premium Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW AI....,PERSONS BY THESE PRESENTS that WHEREAS the City of Seal Beach,has awarded to Pacific Hydrotech Corporation 314 East 3rd Street Perris, CA 92570 (Name and address of Contractor) ("Principal"),a contact(the"Cor:ract")for the work described as follows: t,ar.paots Avenue Well Phase U...Ctnsite nguipnnent anti Site Iniproveuwots Protect No W€0903 WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure the paytneut of claims of laborers,mechanics,matcxialmer.,and other persons as provided by law. NOW;THEREFORE,we,the undersigned Principal,and Safeco Insurance Company of America 330 N. Brand Blvd., Suite 950 Glendale, CA 91203 and address of Surety) • ("Surety")a duly admitted surety insurer under the taws of the State. of California as Surely, are held and firmly bound unto the Public Agency in the.penal sum of Two Million.TheekllinSlred Four Thousand Five Hundred Fifty Thousand and'06T100 Dollars(S 2,304,550.00 _ this amount being not less than fifty percent (50%)of the total contract pace, in taw ilai 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;adminisitstnrs,successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3 5 k of'the+"'tifon:la Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract,or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contact; the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall become null and void. This bond shall insure to arc benefit of any of the persons named in Section 3ISI of the California Civil Code so as to give a right of action to such persons or their assi°elts in any suit brought upon the bond. in case suit is brought upon this bond; Surety vtther apses 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 chance,extension of time,alteration,addition,or modification to the torus of the Contract or to the work er to the specifications thereunder. Surety hereby waives the provisions of California Civil Code§y 2845 and 2849. Page D-350 • • iN W1T'NESi WHEREOF, two(2) identical counterparts of this instrument each of which shall for all pusposes be deemed an original hereof, have been duly executed by Pridcdpal and Surety,on the date set forth below, the name of each corporate grimy being hereto inset{ and these presents duly signed by its undersigned sepresectative(s)pursuant ro authority of its governing body. Dated: October 8, 2009 "Principal" 'Surety" Pacific Hydrotech Corporation Safeco Insurance Company of America • By: - a .C‘a-c-14 ACIAS tome• . : araFISTiT0Tri fly: By: Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person siming as attorney-in-facr:must be attached, Page D-BSI • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego J} On OCT 0 8 2009 before me, M. Whitecage, Notary Public Date Here Insert Name and Title of the Officer personally appeared Sarah Stupin Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/by* subscribed to the within instrument and acknowledged to me that Hd/she/ttfey executed the same in Y)1s/her/tt4W/ authorized capacity(Id'S), and that by YfS/her/tW@it signature(S) on the instrument the person(S), or the entity upon behalf of which the person(s) acted, executed the instrument. M.wHITECAGE I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is . n1�� Commission# 1841606 9 9 z` 0)41 Notary Public-California s true and correct. 3 Diego ' mm Mx Co .Expires County Mar WITNESS my hand and official seal. Signature Notary Seal Above Sign ore of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General •IGHTTHUMapRINT ❑ Partner—❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER R c, ❑Attorney in Fact OF SIGNER• ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: e7cc,nxcaaV4v tiec•Wc .GCgc '✓.`%49LvcLcc*afcwc&•44✓.A✓A✓1,0( ✓�GV:Ca(ccaesw.Nyecissc✓cicuwa/FL. GVG�1q'✓.ccarc+ccac ti5V0.✓A: ®2001 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402.wwwNationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 • • '. Safeco Insurance Company of America 1� erty POWER General Insurance Company of America Lib 1001 4th Avenue •It Mutual. OF ATTORNEY Suite 1700 Seattle,WA 98154 KNOW ALL BY THESE PRESENTS: No. 4273 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint ******************JAMES BALDASSARE,JR.;LAWRENCE F.MCMAHON;AUDREY RODRIGUEZ;SARAH STUPIN; MARIA WHITECAGE;San Diego,California**********"********************************************************* its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21st day of March , 2009 ' Mi t , Dexter R.Legq,Secretary Timothy A.Mikolajewski,Vice President CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Dexter R. Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal OCT faaid corporation this day of OC 0 8 .2009 o coot PACE COMp9 �v Gown •� Ho t sr CORPORATE $ SEAL � g SEAL W . iI D I WrT 1y1 q 64 ls53 Act zez, top westo 10Was S Dexter R.Legg,Secretary 5-0974/DS 3/09 WEB PDF • • CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of CA County of RIVERSIDE On OCTOBER 13, 2009 before me, KRISTINE BERTUCO , Notary Public (here insert name and title of the officer) personally appeared J. KIRK HARNS personaHy-kncwn-tern-(or proved to me on the basis of satisfactory evidence) to be the oerson whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity , and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ITNESS my hand and official seal. KRISTINE BERTUCO Y � � tary Public# 1782081 u;Y= t•B� Notary Publlc -California :kit i Riverside County tmtre Comm. Deczs2011 Signal' r of Notary MIN (Seal) • • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment limn most be properly completed and attached to that document. The only exception is if a PAYMENT BOND document is to be recorded outside of California.In such instances. any alternative acknowledgment verbiage as may be printed on such a document so long as the (Title or description of attached document) verbiage does not require the notary to do something that is illegal/or a notary in Ca/ifonia (i e. certifying the authorized capacity of the signer)_ Please check the document carelidly for proper notarial wording and attach this farm if required. (Title or description of attached document continued) es 2 Document Date 1011 3/09 • State and County intonation must he the State and County where the document Number of Pa �r signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same dale the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect fours(i.e. N ❑ Individual (s) elshe/+Heri is/are I or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. M Corporate Officer • The notary seal impression must be clear and photographically reproducible. PRESIDENT Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on tile with the office of the county clerk. ❑ Attorney-in-Fact e Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other e Indicate title or type of attached document,number of pages and date. C. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document CAPAv111005 0 by Association of Professional Notaries&CSA 800.573-98b5 envwaompclasses.eon ' ® • • DATE(MMIDDIYYYY) ACC) D CERTIFICATE OF LIABILITY INSURANCE OP ID AD 10/09/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Wooditch Company Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1 Park Plaza, Suite 400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine CA 92614 Phone: 949-553-9800 Fax:949-553-0670 INSURERS AFFORDING COVERAGE NAIC# INSURED - INSURER A old Republic General Ins. Corp 24139 INSURERB. Golden Eagle Insurance Co. 10836 Pacific Hydrotech Corporation I INSURER C l.e„- gc Insurance Company 19437 314 E. 3r5 St. - _-- -- _-- Perris CA 92570 f INSURER I I INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REOUIREMENT.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.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'LI--'-- —. i POLICY EFFECTIVE jPOLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDIYYYY) DATE(MMIDDIVYYY)I LIMITS `GENERAL LIABILITY I EACH OCCURRENCE $ 1,000 r 000 -DAMAGE TO REIFIED_-_-.-_- AIXIXI COMMERCIAL GENERAL LIABILITY A1CG95460900 1 07/01/09 07/01/10 PREMISES(Eaoccurencel Is 100,000 L 1 I CLAIMS MADE OCCUR MED EXP Any one person) 175,000 - _- __ _. _ PERSONAL BADV INJURY $ 1 000,000 -. J- - -- I GENERAL AGGREGATE f�$ 2,000,000 I GEN'L AGGREGATE LIMIT APrPLIES PER: PRODUCTS-COMP/OP AGG I$2,000,000_ 1 I POLICY JECOT I I LOC I EBL 1 1,000,000 AUTOMOBILE LIABILITY I _ COMBINED SINGLE LIMIT 171,000,000 B X !X I ANY AUTO BA8296253 07/01/09 07/01/10 (Eaacclden0 — 1 ALL OWNED AUTOS 1 I BODILY INJURY I $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY I $ 'I I NON-OWNED AUTOS I (Per accident) —! __-___ ___ — PROPERTY DAMAGE $ (Per accident) , I GARAGE LIABILITY I AUTO ONLY-EA ACCIDENT 1 $ I ANY AUTO EA ACC I I - 1 OTER N I OH ONLY. AGG I $ EXCESS I UMBRELLA LIABILITY I EACH OCCURRENCE $ 1,000,000 CLAIMS MADE • 024502020 07/01/09 A X OCCUR J 07/01/10 AGGREGATE al 000,.000 i Is II DEDUCTIBLE X 1 RETENTION 1- $10,000 i $ WORKERS COMPENSATION I WCSIAIU OTFI- AND EMPLOYERS'LIABILITY X`TORN LIMITS I EH I A ANY PROPRIETORIPARTNER/EXECUTIV YINI A1CW95460900 07/01/09 07/01/10 E.L. ACH ACCIDENT 1$ 1,000,000 OFFICER/MEMBER EXCLUDED, II - II (Mandatory in NH) E L DISEASE EA EMPLOYEE]$ 1,000,000 II yes describe under ____--- - --- - SPECIAL PROVISIONS below E L DISEASE POLICY LIMIT 1$ 1,000,000 OTHER I ' • DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *EXCEPT 10 DAYS NOTICE FOR CANCELLATION FOR NON-PAYMENT OF PREMIUM. RE: Lampson Avenue Well Phase II; Onsite Equipment and Site Improvements; Project #WT0903. This Insurance shall apply as Primary and Non-Contributory per attached endorsement. **SEE NOTES** glaipwv/auaiwv/wcwv CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITYSEA DATE THEREOF.THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR City Clerk City of Seal Beach REPRESENTATIVES. 211 8th Street AUTH Z RESENTATIVE Seal Beach CA 90740 ACORD 25(2009/01) 8- 0 9A RD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • • IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend. extend or alter the coverage afforded by the policies listed thereon. • • ACORD 25(2009/01) N OTE PAD HOLDER CODE CrITYSEA PACIFHY4 PAGE 3 -' INSUREDS NAME -Pacific 'Hydrotech Corporationaa ad R OP IDADc i TE 1 DATE 10/09/09:: Waiver of Subrogation for General Liability, Auto Liability and Workers' Compensation: See Attached Endorsements. The City of Seal Beach, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials, are included as Additional Insureds as respects General and Auto Liability per attached endorsements. • • POLICY NUMBER: A1CG95460900 COMMERCIAL GENERAL LIABILITY Insured: Pacific Hydrotech Corporation CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s): Operations Blanket -as required by contract As specified in your signed and written agreement in ANY PERSON OR ORGANIZATION FOR WHOM THE advance of the'occurrence"for which the additional !NAMED INSURED IS REQUIRED UNDER WRITTEN insured seeks coverage CONTRACT TO FURNISH THIS ENDORSEMENT Information required to complete his Schedule.it not shown above,will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or Organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products completed operations hazard". CG 20 37 117 114 Coperinhl, Insurance Services Offices. Inc_21104 Paoe I of I • • POLICY NUMBER: AlCG95460900 COMMERCIAL GENERAL LIABILITY Insured: Pacific Hydrotech Corporation CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIARILITY COVERAGE PART SCHEDULE Name Of Additional Insured Personls) Location And Description Of Completed Or Organization(s): Operations Blanket-as required by contract As specified in your signed and written agreement in ANY PERSON OR ORGANIZATION FOR WHOM advance of the`occurrence"for which the additional ITHE NAMED INSURED IS REQUIRED UNDER insured seeks coverage WRITTEN CONTRACT TO FURNISH THIS ENDORSEMENT Information required to complete this Schedule,if not shown above.will be shown in the Declarations. A. Section 0-Who Is An Insured is a01en0ed to indudo as an additional inured the petscn(sl or of wanizaticnts)shown in the Scnedute_out only earn respect m habhry for moony injury".'property damage"or personal and aovertsmg injury" caused,in whole or in part,by. I. Y our RCS or SmlSSlchs:or 2.The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above B. With respect to the insurance afforded to Mese additional insureds,the following additional exclusions epp''Y This insurance does not apply to"bodily injury"or-ponarty damage"occurring alter 1.All work,including matenals.parts or equipment furnished in connection with such work.on die project(other than service,maintenance or repairs)to be performed by or on behalf of the additional msurud(s)at the location of the covered operations has been competed:or 2 That portion of"your WOW out of which the injury or damage arises has been out to its intended use by any person or organization othe:than another contractor or subcontractor engaged in performing operations for a principal as a part of me epmu project Cc 20 10 07 04 0 150 PrepeAoc,tire.,2004. Page 1 of 1 • S OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER TI-IE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Location(s) of Covered Operations Or Organization(s): Blanket- as required by contract As specified in your signed and written agreement ANY PERSON OR ORGANIZATION FOR WHOM THE in advance of the'.occurrence"for which the NAMED INSURED IS REQUIRED UNDER WRITTEN additional insured seeks coverage CONTRACT TO FURNISH THIS ENDORSEMENT As required by written contract: Information required to complete this Schedule. if not shown above. will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so. we will share with that other insurance by the method described in paragraph 4.c. of Section IV—Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured Pacific Hydrotech Corporation Policy Number AlCG95400900 Endorsement No. Policy Period 07/01/09 - 07/01/10 Endorsement Effective Date: 07/01/09 CG EN ON 0029 (09/06) S POLICY NUMBER: A1CG95460900 COMMERCIAL GENERAL LIABILITY Insured: Pacific Hydrotech Corporation CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: WHERE REQUIRED BY WRITTEN CONTRACT. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV— COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ❑ PACIFIC HYDROTECH CO JRATION • Policy# BA8296253 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II— LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture,over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture,and over which you maintain ownership of a majority interest. However,coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. AUAI g. Any person, organization, trustee, estate or governmental entity with respect to the operation. maintenance or use of a covered "auto" by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract", or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily injury"or"property damage' is caused by an "accident" which takes place after: (a) You executed the"insured contract"or written agreement; or (b) the permit has been issued to you. 2. COVERAGE EXTENSIONS a. Supplementary Payments Subparagraphs (2)and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the"Insured"at our request, including actual loss of earning up to $500 a day because of time off from work. Includes copyrighted material of Insurance Services Offices, Inc.with its permission GECA 701 (09104) Page 1 of 3 AGENT COPY 05/01/2007 8275502 NEUSXBXG0905 PGDM060D J10001 GCAFPPN 00016854 Page 17 PACIFIC HYDROTECH CO•CPORATION • Policy# BA8296253 SECTION III—PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto"for each of your physical damage coverages. b. The most we will pay for"loss" in any one "accident" is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the"loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the"accident",we will also pay up to$500 per"accident"for the actual loss of use to the owner of the covered "auto". c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to"loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered 'auto" you hire without a driver and excess over any other collectible insurance for any covered "auto" that you hire with a driver. 5. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of"loss"to a covered"auto". Rental Reimbursement will be based on the rental of a comparable vehicle,which in many cases may be substantially less than$75 per day,and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto". If"loss" results from the total theft of a covered"auto'of the private passenger type,we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. 8. Lease Gap Coverage If a long-term leased"auto" is a covered"auto"and the lessor is named as an Additional Insured—Lessor, in the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the 'auto" at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes;overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3: The exclusion for"loss'caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for"loss" to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio,visual or data electronic equipment. Includes copyrighted material of Insurance Services Offices,Inc.with its permission GECA 701 (09/04) Page 2 of 3 AGENT COPY 05/01/2007 8275502 NEUSXBXG0905 PGDM060D J10001 GCAFPPN 00016855 Page 18 PACIFIC HYDROTECH •PORATION • Policytt BA8296253 b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c. does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss"and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in(1) above and permanently installed in the opening of the dash or console of the covered"auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. SECTION IV. — BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Suit, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident, claim, "suit", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to 5. AUWV We waive any right of recovery we may have against any additional insured under Coverage A.1.Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract", written agreement, or permit. B. GENERAL CONDITIONS 9. is added: 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. Includes copyrighted material of Insurance Services Offices, Inc.with its permission GECA 701 (09104) Page 3 of 3 AGENT COPY 05/01/2007 8275502 NEUSXBXG0905 PGDM060D J10001 GCAFPPN 00016856 Page 19 • • OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE 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. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Name of Additional Insured Person(s) or Organization(s): Blanket- as required by contract Location(s) of Covered Operations: As specified in your signed and written agreement in advance of the"occurrence"for which the additional insured seeks coverage The premium charge for this endorsement is $0.00 Named Insured Pacific Hydrotech Corporation Policy Number AlCwssasogco Endorsement No. Policy Period o7/o1/o9-07/01/10 Endorsement Effective Date: 07/01/09 \VC 990315 (09/06) • • . EXHIBIT C WORKER'S COMPENSATION INSURANCE CERTIFICATE Page D-352 • • WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS,the CITY OF SEAL BEACH has required certain insurance to be provided by Old Republic General Insurance Corp. c/o The Wooditch Company Insurance Services, 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: Pacific Hydrotech Corporation 3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds,as follows: POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE A1CW95460900 07/01/09 07/01/10 4. :'d policy or policies shall not be canceled, voided or reduced in coverage or limits of liability, unless an. until ih•,' days' advance written notice thereof has been served upon the City Clerk of the CITY OF . BEA(H. By: A llliti� Its Autl rize. Representative Page D-353 • • EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] Page D-354 • ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Pacific Hydrotech Corporation, 314 E. 3rd Street, Perris, CA 92570 Name and address of named insured("Named Insured"): Old Republic General Insurance Corp. c/o The Wooditch Company Insurance Services, Inc. Name and address of Insurance Company("Company"): OFFICIAL TITLE OF PROJECT:Lampson Avenue Well Phase II—Onsite Equipment and Site Improvements Project No WT0903 Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto, it is agreed as follows: 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 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. • Page D-355 • • 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Engineer City of Seal Beach 211 8th Street,2"a Floor Seal Beach CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. • TYPE OF COVERAGES TO WHICH POLICY PERIOD 07/01/09-07/01/10 LIMITS OF 2,000,000 Aggregate THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 1,000,000 Ea. Occurence 11. Scheduled items or locations are to be identified on an attached sheet The following inclusions relate to the above coverages. Includes: ® Contractual Liability X Explosion Hazard ❑ Owners/Landlords/Tenants 12 Collapse Hazard ❑ Manufacturers/Contractors .x, Underground Property Damage ® Products/Completed Operations ❑ Pollution Liability O Broad Form Property Damage ❑ Liquor Liability ❑ Extended Bodily Injury ❑ ❑ Broad Form Comprehensive r_i O General Liability Endorsement 12. A 0 deductible or ❑ self-insured retention (check one) of S 10,000 applies to all coverage(s)except: (if none,so state). The deductible is applicable ❑ per claim or I8 per occurrence (check one). 13. This is an❑occurrence or I8 claims made policy(check one). 14. This endorsement is effective on 07/01/09 at 12:01 A.M.and forms a part of Policy Number Al CG95460900 I, William S. Wooditch (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. Exeated ctober 9 20 09 RQ Signature of u orized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( 949 ) 553-9800 Page D-356 • • EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] Page D-357 • • ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Pacific Hydrotech Corporation, 314 E. 3rd Street, Perris, CA 92670 Name and address of named insured("Named Insured"): Golden Eagle Insurance Co. do The Wooditch Company Insurance Services, Inc. Name and address of Insurance Company("Company"): OFFICIAL TITLE OF PROJECT:Lampson Avenue Well Phase II—Onsite Equipment and Site Imporvements Project No WT0903_Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: The City of Seal Beach, its elected officials, officers,attorneys, agents, employees, and volunteers are additional insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 1. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 2. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 4. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s)or permit(s) designated above, between the Named Insured and the Additional Insureds. 5. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 6. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,or subsequent active or passive negligence by the Additional Insureds. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation,and enforcement of this contract of insurance. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Engineer City of Seal Beach 211 8th Street,2nd Floor Page D-358 • • Seal Beach CA 90740 7. Except as stated above and not in conflict with this endorsement,nothing contained herein shall be held to waive,alter or extend any of the limits, agreements,or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 07/01/09-07/01/10 $1,000,000 Combined Single Limit , Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: z Any Automobiles ❑ Truckers Coverage 0 All Owned Automobiles 0 Motor Carrier Act 0 Non-owned Automobiles C Bus Regulatory Reform Act O Hired Automobiles o Public Livery Coverage N Scheduled Automobiles ❑ • O Garage Coverage ❑ 11. A @ deductible or ❑ self-insured retention (check one) of$ 2,000 comp/coll applies to all coverage(s)except: (if none,so state). The deductible is applicable 0 per claim or 2 per occurrence(check one). 12. This is an 0 occurrence or❑ claims made policy(check one). 13. This endorsement is effective on 07/01/09 at 12:01 A.M. and forms a part of Policy Number BA8296253 I, William S. Wooditch (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. Ex uted I , Dctober 9 ,20 09 i nature of7tuthonz� ed Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( 949 ) 553-9800 *Except 10 Days Notice of Cancellation for Non-Payment of Premium.* Page D-359 . • EXIT D-3 ADDITIONAL INSURED ENDORSEMENT [INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY] Page D-360 • S EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS Page D-361 • • 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(required at time of award): 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 therefore, 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 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 license status of any person or contractor and the board failed to respond to the inquiry within Page D-362 S three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code§20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However,at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to,any appropriate disciplinary action by the Contractors'State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License No.: 5N 913:"- -C Class: A Expiration Date: `\ 13o Date: kol \3/oc\ Page D-363 EXHIBIT F LABOR LAW REQUIREMENTS Page D-364 • • AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code§§ 1720,1773.8,1775, 1776, 1777.5,1813,1860,1861,37001 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." \^y\ Date \o / I t/o Signature \\ \ Page D-365 • • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECT OR WORK: Lampson Avenue Well Phase II— On isle Equipment and Site Improvements Project No WT0903 Indemnitor(s) (list all names): • PA rt t t 1"-t o P..o is C-V, C0 �P. 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 lndemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass(a) Indemnitees'sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code §2782(a)or(b)the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor,on behalf of itself and all parties claiming under or through it,hereby waives all rights of subrogation and contribution against the Indemnitees,while acting within the scope of their duties, from all claims,losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an lndemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. `Indemnitor" `1 tk}"�k c �G- rt o2C1tC M Co2P Name: -Na a : By: ` K F�p.2rlS PQ- JJJ Page D-366