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HomeMy WebLinkAboutAGMT - South Coast Pool Plastering (McGaugh Pool Renovation) L ..1 .wt,ce a evrt. -e f • s. /c7//3/17 Ga mmua►rf� r�t Remo Vafiovt v McGAUGH SCHOOL COMMUNITY SWIMMING POOL RENOVATION, PROJECT NO. 258 For McGAUGH SCHOOL COMMUNITY SWIMMING POOL RENOVATION, in the City of Seal Beach. THIS AGREEMENT, made and entered into this S day of Y , Y i�� , kffby and between the City of Seal Beach, California, hereinafter referred to as the "CITY," Party of the First Part, and ,U ce»rr p r, 11.1G. hereinafter designated as the "CONTRACTOR," Party of the Second Part. WITNESSETH: That the Parties do hereto mutually agree as follows: ARTICLE L For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said CITY, the CONTRACTOR agrees with said McGAUGH SCHOOL COMMUNITY SWIMMING POOL RENOVATION, and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in the Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be furnished by the CITY), and to do everything required by this Agreement and the said Specifications, Drawings, and Contract Documents. ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary works or structures, tools and equipment and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by said CITY, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be borne by the said CITY and faithfully completing the work and the whole thereof, in the manner shown and described in the said Drawings, Specifications, and Contract Documents and in accordance with the requirements of the Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal. ARTICLE III. The CITY hereby promises and agrees with said CONTRACTOR to employ and does hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same, at the time, in the manner and upon the conditions set forth in the Specifications and Contract Documents, and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made a pact of this Agreement. ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said tenns of said proposal conflicting herewith. ARTICLE VL By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. • IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above written. CITY OF SEAL BEACH, CALIF° A Party of the Fitst Part BY City Manager C' V erk �. BY /Lm2Lr�1 I CO • CTOR Party of the Second Part &CJr fl Acwi +ft- Title pi `l TI;2l A( Lo � - sz, JAS - c-di visrA- R-b 1-A- 4 v pl o 40 Address INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION ND CONTRIBUTION McGAUGH SCHOOL COMMUNITY SWIMMING POOL RENOVATION, PROJECT NO. 258 Indemnitor(s) (list all names): (.41124 6 "Ass rAcl -te-7 O _. �v�� � �- _u/ •ls I ► /1. Scil,rffi Cd>imerr POot., r1.0 4 ci 1 tJ G To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold hannless the City of S 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 Indenmitor 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 teen, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indernitees 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 Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. " Indemnitor" Name r Name: ' c, -n+-c vA-s- r Rio •pc.t+cs1 (Z -cal*. t rr a . By: rP.6 , t - t A-74A (c-r . By: Its Its • ACORD. CERTIFICATIOF LIABILITY INSURPOCEGSR sH DATE (MM /DD/YY) SDPOOLl 01/24/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Wateridge Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 10525 Vista Sorrento Pkwy #300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Diego CA 92121 COMPANIES AFFORDING COVERAGE Michael S. Galloway COMPANY Phone No 858 - 452 -2200 FaxNO 858 - 452 -6004 A INSCORP - Ins Corp of NY INSURED COMPANY B Legion Insurance Company South Coast Pool Plastering, Inc. COMPANY DBA: San Diego Pool Plastering C 10750 Valle Vista Road COMPANY Lakeside CA 92040 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (M.� VDD/YY) DATE (MM/DDNY) GENERAL LIABILITY GENERAL AGGREGATE _ $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY CAIC10016317 04/01/99 04/01/00 PRODUCTS - COMP/OP AGG_ $ 2,000,000 CLAIMS MADE I X OCCUR PERSONAL & ADV INJURY $ 1,000,000 X OWNERS & CONTRACTORS PROT EACH OCCURRENCE $1,000,000 X 500 PER OCCURR FIRE DAMAGE (Any one fire) $ 50,000 PD DEDUCTIBLE MED EXP (Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 A X 'ANY AUTO CAIC10016317 04/01/99 04/01/00 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE _ $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND X Tc STATU- S ER 'D TORY LIMB ER EMPLOYERS' LIABILITY EL EACH ACCIDENT $1,000,000 B THE PROPRIETOR/ INCL WC20530099 04/01/99 04/01/00 EL DISEASE - POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE — OFFICERS ARE. X EXCL EL DISEASE - EA EMPLOYEE $1,000,000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/SPECIAL ITEMS *EXCEPT 10 DAYS NOTICE FOR NON - PAYMENT OF PREMIUM. CITY OF SEAL BEACH, ITS CITY COUNCIL & EACH MEMBER THEREOF & EVERY OFFICER, OFFICIAL, EMPLOYEE, ATTORNEY, AGENT, & VOLUNTEER OF CITY ARE NAMED AS ADDL INSD PER ATTACHED FORM CG2124 WITH RESPECT TO GENERAL LIAB AND CA2010/0397 WITH RESPECT TO AUTO LIAB. RE:PROJECT #258- MCGAUGH SCHOOL COMMUNITY SWIMMING POOL RENOVATION CERTIFICATE HOLDER CANCELLATION CITYSEA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL:..' ' ' ' MAIL CITY OF SEAL BEACH 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, DIRECTOR OF PARKS, RECREATION & COMMUNITY SERVICES 211 8TH STREET SEAL BEACH CA 90740 AUTHORIZED REPRESENTATIVE ,m Michael S. Gallow',044 SS ACORD 25 -S (1/95) ACORD CORPORA ON 88 4 • AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENT:3 ]Labor Code §§ 1720, 1 773.8, 1 775, 1776, 1777.5, 1813, 18t(;1861,3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the C. lifornia Labor Code relating to public works and the awarding public agency("Agency")and agrees to be i ound 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" Date 2, fro6 20OO Signature • • IP STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS'LICENSING LAWS [Business&Professions Code § 7028.151 [Public Contract Code § 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below: Business&Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this star:. without having a license therefor, except in any of the following cases: (1) The person is particularly exempted from this chapter. • (2) The bid is submitted on a state project governed by Sectio„ 10164 of the Public Contract Code or on any local agency project governed by Section 20104 know § 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 shill 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 time 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. (I) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within • • three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code §20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be madh.: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.: (p•-5e,47 Class: G— SS Expiration date: 5/31/© Date 2-107/20,0 Signature /V • • • INSURANCE REQUIREMENTS FOR CITY OF SEAL BEACH PUBLIC WORKS CONTRACT LIABILITY INSURANCE The Contractor shall at all times during the terms of the Contract carry, maintain, and keep in full force and effect a policy or policies of comprehensive general liability insurance in which the City, along with its City Council and each member thereof, and every officer, official, agent, attorney, employee or volunteer of the City, is the named insured or is named as an additional insured with the Contractor in accordance with Section 7-3 of the Standard Specifications. The insurance company issuing such policy(ies) mast be acceptable to, and approved by, the City Engineer and City Attorney. Contractor shall maintain 'Mitts of no less than One Million Dollars ($1,000,000) combined single limit coverage per occurrence for personal injury or death or property loss or damage which may arise from or relate directly or indirectly to the acts, operations or omissions of the performance of the Contractor and/or its subcontractors and/or the employees, agents, officers, officials or volunteers of either, in the performance of this Public Works Contract. Such insurance shall include coverage for all automobiles utilized by Contractor's or any subcontractor's employees or agents in the performance of the Contract. Contractor shall also Frovide an endorsement in substantially the form set forth below. ENDORSEMENT IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SEAL BEACH, ITS CITY COUNCIL AND EACH MEMBER THEREOF, AND EVERY OFFICER, OFFICIAL, AGENT, EMPLOYEE OR VOLUNTEER OF CITY SHALL BE NAMED AS JOINTLY AND SEVERALLY INSURED AS RESPECTS CLAIMS ARISING OUT OF THE FOLLOWING PROJECT: McGAUGH SCHOOL COMMUNITY SWIMMING POOL RENOVATION,PROJECT NO.258 IT IS FURTHER AGREED THAT THE FOLLOWING INDEMNITY AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE NAMED INSURED IS COVERED UNDER THE POLICY: CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS CITY COUNCIL AND EACH MEMBER THEREOF AND EVERY OFFICER, OFFICIAL, EMPLOYEE, ATTORNEYS, AGENT, AND VOLUNTEER OF CITY FROM AND AGAINST ANY AND ALL LIABILITY OR FINANCIAL LOSS RESULTING FROM ANY SUITS, CLAIMS, LOSSES OR ACTIONS BROUGHT AGAINST, AND FROM ALL COSTS AND EXPENSES OF LITIGATION BROUGHT AGAINST, CITY, ITS CITY COUNCIL AND ANY MEMBER THEREOF, AND ANY OFFICER, OFFICIAL, EMPLOYEE, AGENT, ATTORNEY OR VOLUNTEER OF CITY WHICH RESULTS, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY WRONGFUL OR NEGLIGENT ACT OR OMISSION OF CONTRACTOR OR ANY SUBCONTRACTOR, OR AN OFFICER,EMPLOYEE OR AGENT OF EITHER, OR ANYONE FOR WHOSE ACTS ANY OF THESE MAY BE LIABLE, WHILE ENGAGED IN THE PERFORMANCE OF THIS CONTRACT, EXCEPT WHERE SUCH LIABILITY OR LOSS IS SOLEY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY. THE INSURANCE COVERAGE SHALL APPLY SEPARATELY TO EACH INSURED AGAINST WHOM A CLAIM IS MADE OR SUIT IS BROUGHT, EXCEPT THAT THE INCLUSION OF MORE THAN ONE INSURED SHALL NOT OPERATE TO INCREASE THE LIMITS OF THE COMPANY'S LIABILITY. THE INSURANCE COVERAGE SHALL NOT BE SUSPENDED, VOIDED, CANCELED, REDUCED IN COVERAGE OR IN LIMITS,OR OTHERWISE MATERIALLY CHANGED,UNLESS THIRTY (30) DAYS ADVANCE WRITTEN NOTICE BY CERTIFIED MAILJRETURN RECEIPT REQUESTED HAS BEEN GIVEN TO THE CITY. THE INSURANCE COVERAGE PROVIDED BY CONTRACTOR AS SET FORTH HEREIN SHALL BE PRIMARY INSURANCE WITH RESPECT TO THE CITY, ITS CITY COUNCIL AND ANY MEMBER THEREOF, AND ITS OFFICERS, OFFICIALS, ATTORNEYS, AGENTS, EMPLOYEES • AND VOLUNTEERS. ANY INSURANCE OR SELF-INSURANCE MAINTAINED BY THE CITY,ITS CITY COUNCIL OR ANY MEMBER THEREOF, OR ITS OFFICERS, OFFICIALS, ATTORNEYS, AGENTS, EMPLOYEES AND VOLUNTEERS SHALL BE IN EXCESS OF THE CONTRACTOR'S INSURANCE AND SHALL NOT CONTRIBUTE WITH IT. INSURER WAIVES ANY RIGHT OF CONTRIBUTION WITH SUCH OTHER INSURANCE WHICH MAY BE AVAILABLE TO THE CITY. INSURER WAIVES ALL RIGHTS OF SUBROGATION FOR LOSSES AGAINST THE CITY, ITS CITY COUNCIL OR ANY MEMBER THEREOF OR ITS OFFICERS, OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEER • WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS,the CITY OF SEAL BEACH has required certain insurance to be provided by Sfil l 601•1/4 -1- Patti R crams Li tJ l f U G 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 GF SEAL BEACH, City Hall, 211 EIGHTH STREET, SEAL BEACH, CA 90740-6379. 2. The insureds under such policy or policies are: e.00144 Cc •ecr Pot%I.• n1.P6'[r42I I.I< 0.1.c_ • 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 GATE1 001 01-/o1/19 ot/01/00 4. Said policy or policies shall not be canceled, voided or reduced in coverage or limits of liability, unless and until thirty days' advance written notice thereof has been served upon the City Clerk of the CITY OF EAL BEACH. By: ardiai * Its Auth•rized • -presentative \ • BOND NO. 5931560 PREMIUM: Included in FP Bond PAYMENT BOND (LABOR AND MATERIAL S) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded to SOUTH COAST POOL PLASTERING, INC. 10750 Valle Vista Road, Lakeside, LA 9LI40 (Name and address of Contractor) ("Prineipal"),a contract(lie"Contract")for the work described as follows: McGaugh School Community Swimming Pool Renovation WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers,mechanics, i aterinlmen, and of per persons as provided by law. FIRST NATIONAL INSURANCE NOW,THEREFORE, we, the undersigned Principal,and COMPANY OF AMERICA 400 Taylor Blvd. , Pleasant Hill , CA 94523 (Name and address of Surety) ("Surety") a duly admitted surety insurer wider the laws of the State of California, as Surety, are hell and firmly bound unto the Public Agency In the penal sum of ONE HUNDRED EIGHTY FOUR THOUS i ND AN) N0/100 Dollars (S 184,000 00 this amount being not less than fifty pc cent (50%) of the total contract price. in lawful money of the United States of America, for the payme t of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, meets..rs, 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, adntinistmtors, successors or assigns, or subcontractors shall Gtil to pay any o the persons named in Section 3181 of the California Civil Code, or any amounts due wider the Uncmplo r cut Insurance Code with respect to work or labor performed under the Contract, or for any amounts req ' • to be deducted, withheld, and paid over to the Employment Development Department from the wags of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Ins : ice Code. with respect to work or labor performed wider the Conuac!, the Surety will pay for the same '1 an amount not exceeding the penal stun specified in this bond; otherwise, this obligation shall become nut and void. This bond shall insure to the benefit of any of the persons named in Section 3181 of the California ivil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bona. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable atto eys' fees in an amount fixed by the coon. FURTHER,the Surety,for value received, hereby stipulates and agrees that no change. extension of 'me. alteration,addition or modification to the terms of the Contract,or of the work to be performed there der, or the specifications for the same,shall in any way affect its obligations under this bond, and it does h eby waive notice of any such change, extension of time, alteration,addition,or modification to the terms o the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisio s of California Civil Code§§2805 and 2849. • • IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shalt 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 parry being hereto affixed and these presents duly signed by its undersigned representatives)pursuant to authority of its governing body. Dated: January 25, 2000 "Principal" "Surety" SOUTH COAST POOL PLASTERING, INC. FIRST NATION'L INSU" CE COMPANY OF/AMER BY: al i e Nit Bryant, At orney in-Fact B >, By: 3rs Its - By ;CHRIS>CHASTANG PRESIDENT By: =its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On January 25, 2000 before me, Bernice Elizabeth ONeal, Notary Public, personally appeared Kathleen Bryant, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed her instrument. BERNICE ELIZABETH ONEAt� Witness my hand and official seal a ���;;��ts`i'= COMM. 1189793 a " !,,d NOTARY PLBLIC-CALIFORNIA • /�II/,i Luigi CONTRA COSTA COUNTY yjb /�� f 0 / I//Niy comeExpires June 11,2002. lN wl/� Illl//1%(///I\ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment to this form. CAPACITY CLAIMED BY SIGNER: Attorney-in-Fact SIGNER IS REPRESENTING: FIRST NATIONAL INSURANCE COMPANY OF AMERICA • FIRST NATIONAL S'URE r POWER T NATIONAL INSURANCE COMPANY OF AMERICA BROOKLYN AVE NE OF ATTORNEY S ATTLE,WASHINGTON 98105 4333 Brooklyn Avenue N.E. Seattle,WA 98105 No. 10028 KNOW ALL BY THESE PRESENTS:• That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint ******************************************************KATHLEEN BRYANT;Concord,Califomia*****************************************************♦**.********* its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 27th day of May , 1999 RA.PIERSON,SECRETARY W.RANDALL STODDARD,PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal, or a facsimile thereof,may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may by facsimile,and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of FIRST.NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation 25th January 2000 this day of 'a SEAL fe ' sip °j WOO" • * RA.PIERSON,SECRETARY S-1049/FNEF 7/98 5/27/99 PDF 9: - - _ - s .:r, ,� .L ''M r `K. u::' _ ,•L, ! _1.- J ,. .:,�:; __ `.F r_.'�•i ..;l.. m .,u: .'.'f 1'L}r (31 . r CALIFORNIA i = T 1i ( I m MiP 2 I ,U,. Ii . � -: n ° ALLPURPOSE _. . „ 1Sa •`� - iI is rs'' ACKNOWLEDGEMENT ` :a 7yw� it STATE OF CALIFORNIA ) b COUNTY OF _ SAN DIEGO ) ir On 1 /27/00 before me, GLORIA K. GRIFFITH NOTARY P[JRT,TC .,:- I� DATE NAME,TITLE OF OFFICER -E.G..'JANE DOE, NOTARY PUBLIC' �, 1( 1 personally appeared, CHRIS CHASTANG f personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) !` )� 1 whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ f they executed the same in his/her/their authorized capacity(ies), and that •by his/her/their �'� signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, i executed the instrument. ! . u,>,; GLORIA K. GRIFFITH3 _i ,t,_ .• `p. COMM.#1200434 '� u - ;.gy NOTARY PUBLIC-CALIFORNIA I” =� WITNESS my hand and official seal. w;'. `{TF►Y SAN DIEGO COUNTY O v o°° •COMM.EXP.NOV.1,2002 a 1L i ip_: 1 %• /2/ ///.ate (SEAL) - •TARY ^UREIC yS4F.'ATURE - / c s I _Iq OPTIONAL INFORMATION I ,<5 TITLE OR TYPE OF DOCUMENT ACK. PAYMENT/ PERFORMANCE BONDS {}`;'.I p .,_: \;..>:y,:hl DA1'EOFDOCUMEN"C 1 /25/00 NUMBER OF PAGES 7 SIGNER(S)OTHER THAN NAMED ABOVE_ KATHLEEN BRYANTi a 7,p, r:.... ,b} .:° 1 td* 'r" 1\, Ill t r; I d ::n': N! r A.•i� '9 h §,^ Trip,:(ft ,,, j /,.^ 1,'li,,,fi' ,, , \ /r'-` +1 `1, {E rr \, 4a �T;:. K C■ it/.._ t. 't , `! II .Wt,',/ 11 //-1!' "Q1,We Nib : .07W,/t i LW--V/J Y. 1, ptn//L.:' ,1\ :1 , 1 3 EX TED IN DUPLICATE • Bond No. 5931560 Premium: $2,6'0.00 • PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded SOUTH COAST POOL PLASTERING, INC. 10750 Valle Vista Road, Lakeside, LA 9204U (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: McGaugh School Community Swimming Pool Renovation WHEREAS, Principal is required under the terns of the Contract to furnish a bond for the f.-thful performance of the Contract. NOW,THEREFORE,we, the undersigned Principal,and FIRST NATIONAL INSURANCE COMPANY OF AMERICA 400 Taylor Blvd. , Pleasant Hill , CA 94523 (Name and address of Surety) ("Surety") a duly admitted surety insurer wader the laws of the Stale of California. as Surety, are het• and firmly bound unto the Public Agency in the penal sum of ONE HUNDRED EIGHTY FOUR THOU`AND AND NO/)00 Dollars (S 184,000.00 ), this amount being not less than the total contract price, in lawful money of the United States of America. for the payment of which sum w and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, j•'ntly and severally.frnnly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,hi:,her or its heirs, executors, administrators, successors or assigns. shall in all things stand to and abide by. and well and truly keep and perform all the undertakings, terns, covenants, conditions and agreements ' 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 thei 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 re .in in full force and effect. In case suit is brought upon this bond. Surety further agrees to pay all court costs and reasonable atto i cys' fees in an amount fixed by the court. FURTHER,the Surety,for value received, hereby stipulates and agrees that no change, extension of ne. alteration,addition or modification to the terms of the Contract,or of the work to be performed there der, or the specifications for the same,shall in any way affect its obligations wider this bond, and it does h•reby waive notice of any such change, extension of time,alteration,addition,or modification to the terms o the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisioy s of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument:. ,ch • • of wtich shall for all purposes be deemed an original hereof, have been duly executed by Principal and Sure I, on the date set forth below, the name of each corporate party being hereto affixed and these p tits duly signed by its undersigned representative(s)pursuant to authority of its governing body, Date January 25, 2000 t "Surety" COAST POOL PLASTERING, INC. FIRS 'TI( ' NAT INSU' ' CE COMPA Y IF AMERICA alifjefar rain i La l-L.4/, ���fflli at leen Bryant, attorri-y-in-fact Sy ��� By: . / . . its Rs J ;By. CHRIS CHASTANG PRESIDENT By. Its (Seal) (Seal) No e: This bond must be dated, all signatures must be notarized, and evi a ence of the authority of any person signing as attorney-in-fact must be att.shed. • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On January 25, 2000 before me, Bernice Elizabeth ONeal, Notary Public, personally appeared Kathleen Bryant, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed her instrument. Witness my hand and official seal n BERNICE ELIZABETH ONEAL� / a asp COMM. 1189793 y!e)° NOTARY°UBLIC-CALIFORNIA W ,Ll 1 �fig.17' ►'� CONTRA COSTA COUNTY �: .� ' l �`'I Ea �_ Expires JBOZi OPTIONAL ' Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment to this form. CAPACITY CLAIMED BY SIGNER: Attorney-in-Fact SIGNER IS REPRESENTING: FIRST NATIONAL INSURANCE COMPANY OF AMERICA %,:y'. . ty., r .4G_VLk':M'Val*1M ';ginIT:...d"lc M tglet.- `P1 / r;.. ( . . CALIFORNIA • ■ _ i l I,via gb1C _ it rbi 0.l r! ._ .., , oft ALL—PURPOSE..:,. r ,i (4 \l iq;i' r \!_, 1. .il \.. ^ .11 ' °CkIA /,: c al 1 n '; ACKNOWLEDGEMENT ,r STATE OF CALIFORNIA ) L 1/ . COUNTY OF SAN DIEGO ) r, ■j . Rj 1 /27/00 �' I, On before me, GLORIA K. GRIFFITH NOTARY PURT,TC a \ -3I DATE NAME,TITLE OF OFFICER- E.G., 'JANE DOE, NOTARY PUBLIC' i :11 personally appeared, CHRIS CHASTANG personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) It I ? li whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she! is they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 'N "? signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, ") I executed the instrument. I / ,�. 0�R GLORIA K. GRIFFITH -: /3, r . . ,, Vi_,L.,T...t COMM.t1200434 3 I' '1(p WITNESS my hand and.official seal:: O ;.,�9M NOTARYPUBLIGCALIFORNIA� I�r'f; y - v 7 SAN DIEGO COUNTY O y COMM.EXP.NOV.1,2002 r : ,. .4. 41 (SEAL) ' I No ARY PUBLIC Sit MATURE . OPTIONAL INFORMATION -F rj :±S:i, TITLE OR TYPE OF DOCUMENT ACK. PAYMENT/ PERFORMANCE BONDS a>:y% DATE OF DOCUMENT 1 /25/00 - NUMBER OF PAGES 2 KATHLEEN BRYANT C 0'.;,: SIGNER(S)OTHER THAN NAMED ABOVE _ /72:..11 ... I >. N ° t (dam rn' Vt fl ' A';Tit/ - 'Cr"- L' *a c .,fin .e 1i , c1 e G'^ ' , 11- j i, '1 Al h �P\� "' ,, /L 1., v -1 70 ht NI !. t_l t/ 11 ; , xN / ••''1 11• //• ' la\lrr//!). .C(%WM,�' l,.. t'. l.q, lKrnll/e.:' alt .0-.- -:" f\--)V a�I k-\ • 1�'j',M1Yiy t.1...E t t''',1 xt0.jf-t-T ar ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Sn-.;th_ Coast Pool Plastering , Inc DEL: San Diego Pool Plastering Name and address of named insured("Named Insured"): HDR 11Ins Ser pb ttuX 13456 Sacramento, CA 95M-13456 Name and address of Insurance Company("Company"): McGAUGH SCHOOL COMMUNITY SWIMMING POOL RENOVATION,PROJECT NO.258 • 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 when, /lmtm ac made.nr sums brought extent 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, f.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 • #6 . As to the conjunction with the written agreements)or permit Insured s) designated above, between the Named Iured Additional and the Additional Insureds. Insureds . The policy to which this endorsement is attached shall not be subject to cancellation, chine in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except eaftc a Ykten notice to l by certified mail, return receipt requested, not less than thirty (30) days prior to the eat ve to thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue In full force and effect until compliance with this notice requirement 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior. concurrent,or subsequent active or passive negligence by the Additional Insureds. 8. It Is hereby agreed that the laws of the State of California shall apply to and govern the validity. construction,interpretation,and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Parks, Recreation and Community Services City of Seal Beach 211 8th Street Seal Bench CA 90740 C00 'a 90ZZ# 01,1I11212nd 4004 fi89Z T95 619 9Z:5T 000Z,80'622 10. Except as stated above : tin conflict - went, nohit>lintalned herein shall be held to waive, aim tC limits, al eemenis, or exclusions ce policy to which this ••% • c Is attached. - - - TYPE OF COVERAGES TO WHICH POLICY PERICi) LIMITS OF THIS ENDORSEMENT ATTACHES FR O LIABILITY 4X1/1999 to 4/1/2000 11. , Scheduled items or Ic'alions are to be Identified on an attached sheet. The following inclusions relate to the above coverages. :ncl udes: AJ-Contractual Liability ❑ Explosion Hazard Owners/Landlords/Tenants ❑ Collapse Hazard ❑ Manufacturers/Contractors ❑ Underground Property Damage si Products/Completed Operations O Pollution Liability ❑ Broad Penn Property Damage ❑ Liquor Liability ❑ Extended Bodily Injury . ❑ ❑ Broad Form Comprehensive O 1131. General Liability Endorsement ❑ 12. A Xrcdeductible or ❑ self-insured retention (check one) of S $500., applies to all covcrage(s)except: (if none, so state). The deductible is appiicable) er claim or ❑ per occurrence (check one). 13. ' This Is anioccurrence or❑ claims made policy(check one). 14. This endorsement Is effective •, e % e I at 12:01 A.M.and fonus a part of Policy Nut •. •••.ivan'l • I, Lenard Rnhi n can (print name), hereby declare under penalty of perjury tutder the laws of the State of California, that 1 have the authority to bind the Company to this endorsement and that by my execution hereof, 1 do so bind the Company. Ex Feb. 10 , 4 000 , 19 I AL,% A.A • a MA AS_ 'II. of Authorized Representative • (Original signature only; no facsim-ile signature or initialed signature accepted) Phone No.: (916 ) 566-1900 bp97 T9C Fie G7:ct nnn7. Pn•QA,7 or�txsas�tRa Zooa }'*t3 • Y Z00'a 9Dnii • ' i "'.S, +z�+A s. ,:.v.`�u`a{' > •s.'S.4, + .L;,�a"�"�.i t -sax:'� i+ e„5.{.':f.+t in "5k,.::Y i� �+ .ti:�: z+uxs+J,;:r,::.r voJr r 45()j �/� av1 AU pMOBILELIAHILITY EN I nag_ Name and address olf named ed Insured("Named Insured"): IN F' o ?--)D)4. L Name and address of Insurance Company("Company"): McGAUGH SCHOOL COMMUNITY SWIMMING POOL RENOVATION,PROJECT NO. 25v 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 did limits of'the'COmpany'cliaatltty. 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 wider the policy. All such claltns 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 t is 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 andfor hold harmless provision(s) contained or executed in 5 . As to the cogjunctlon with the written agreement(s)or permit(s) designated above, between the Named Insured i d i t i on a l and the Additional Insureds. isureds 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"eucept after written notice to RObzinege(iz,G by certified mall, 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 tights 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 Stale of California shall apply to and govern the validity, construction,interpretation,and enforcement of this contract of insurance. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Parks,Recreation and Community Services City of Seal Beach 211 8th Street Seal Beach CA 90740 geed 90Z3# ONIESISK'Id 'IOOd 689Z T95 6T9 LZ:ST 0002.80 'Eal u tee 7. Except as stated above and not in conflict with this endorsement, nothing contained herein sisal) be >i held to waive, alter or extend any of the limits,agreements, or exclusions of the polity to which this '•:1%Y endorsement Is attached, TYPE OP COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 4/1/99--4/1/00 Scheduled Items or locations arc to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ,,r/(Any Automobiles ❑ Truckers Coverage ❑ All Owned Automobiles ❑ Motor Carrier Act ❑ Non-owned Automobiles ❑ Bus Regulatory Reform Act ❑ Iiin:d Automobiles ❑ Public Livery Coverage ❑ Scheduled Automobiles ❑ 11. A tdcducuble or ❑ self-into • retention (check one of S 11. applies to coberage(8)except: \ A .� — •r ; ► _I V _/1 III Of none,so stale). The d •ucilble i applicable ❑ per claim or •• • r occurrence(check one). 12. This Is anoccurrence or ❑claims made policy(check one). 13. This endorsement is effective on 2/10/2000 at 12:01 A.M. and forms a part of PolicyNumber CAIC10016317 Lenard Robinson (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof;I do so bind the Company. Executed Feb, 10, 2000 19 'J".1 Signature of Authorized Representative /\ i t , I • I • (Original signature only; no facsim-ile signature or initialed signature accepted) Phone No.: ( 916) 566-1000 6oca goz3# 9t3IU2WSV'Id Z00a 6892 T9S 679 9Z:ST 000Z.80 'H31 02/1,1/00 FRI 10:06 FAX 619 452 6004 WATERIDGG INS. al004 02/10/2000 THU 16:23 FAX 44 TERIDGE INS SVCS [ 003/004 -- ...... UJ002 • ADP ONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and �,address of named Insured("Named Insurer): Name and address of Insurance Company('Company"): 17 . , McGA•3GnS CI TOOL COMMUNITY SWIMMINGPOOL RENOVATION.PROJECT NO.25! ✓ �J( Nateritbstanding any inconstatent statement La the policy to which this endorsement is attached (the-Paley")or in may endorsement now er thereafter attached thereto.it is weed as Ibllows: The City of Seal Beath. Its elected officials, officers, attorney& agents, employees, and volunteers are additional insureds (the above tamed additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to opetatlons performed by or on behalf of the Named Insured. The Additional Insureds have ea ability for the payment of any premiums or assassnlents under the Policy. I. The insurance coverages afibrded the Additional Insureds under the Policy shall be prilttary Insurance, and no ether humane.maintained by the Additional Insureds than be called upon to contribute with the insurance:overages provided by the Policy. 2. FAO L*umnce neveroge under the Policy deli apply separately to each Additional Insured against whom cif is or suit Is brOug ifexcep(4vi Ur respedt to the Walls oftherdtn ryttli'ottity, . 3. Nothlag In this contract of insurance shall be construed to Dice!ode coverage of a claim by one insured under the policy against another insured under the policy. An Such claims shall covered as turd-party claims, I.e., in the Sane =inner as if seperale policies had been Issued to each taunted, Nothing contained In this provision shall operate as increase or replicate the Company's limits of fiabillry as provided under the policy. 4. The insurauce afforded by the Policy for conntetusl liability insurance (subject to the terms. conditions and exclusions applisabie lo such insurance) includes liability assumed by the Named Insured under the Indemnification and/or hold hornless provision(s) contained or executed in 5 . As to the conjunction with the written agreemeni(s)or perutlt(s)designated above, between tie Named'mewed litional and the Additional Insureds. auredoa The policy to which this endorsement la enacted shall not be subject to uauhcelladon, ar hi coverage. reduction of limits (except as the result of the payment of claims), or con-renews(ku ch pt after written notice to itoblirftetatic by certified mall, return receipt requested, not less than thirty (30)days prior to the efbe ive data thereto. In the event of Company's failure Co comply with this notice provision,the policy as initially droned will continue In full ibr a and effect until compliance with Me nodes requirement. 6. Company hereby waives all rights of subrogation and contribution against the Additional Ins+reda, While acting within the scope of their dudes, from all claims. tosses and liabilities arising out of or Ineideut to the perils insured against In relation to those activities described generally above with regard to operations perfbrreed by or on behalf of the Named Insured regardless of any prior, concurrent,or subsequent active or passive negligence by the Ads:lideral Insureds. It is hereby agreed that the laws of the State of California shall stately to and govern the valldity• canewetion,interpretation.and enforcement of this contact of insurance. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Perks,Recreation and Communihy Services City of Seal Beath 211 sih Street • Seal Beach CA 90740 500'd 90Z2e 914IanatteId 700d 669E T94 6T9 LZrrt coo .eo'an 02/1,1/00 FRI 10:08 FAX 619 452 6004 WATERIDGE INS. U005 02/10/2000 THU 16:24 FAX .'. TERIDGE INS SVCS • I004/004 V ei VO.VV nun sn.rV rites VIJ x•.06 VVV, flASL•KLUUA JIN . I0003 7. Except as stated above said not in eenlllot with this en held to endorsement,nothing u 'litjioli herein ich this ep��Is sl lend any Of the Hunks,agreeiapr�la. or exclusions of the policy to which this TYPE OP COVERAGES TO WHICH POLICY PERIOD THIS ENDoRsemENT ATTACHES FROM/TO LIAEIITfY 4/1/99--4/1/00 • • Scheduled Items or locations arc to be identified on an attached sheet_ The fbli,wing Inclusions Male Mate above coverages_ Includes: *Ana'Automobiles 0 Truckers Coverage 0 All Owned Automobiles 13 MOtgr Carrier Act 0 Non-owned Automobiles 0 Ens Ilegulatery Reform Act 0 Hi+edAalomoblln 0 Public Livery Coverage t7 Scheduled Automobiles 0 1 11. A &deductrlte or L1 self-Ihs OUP(cheek one . s � .. Sets)except: 1- y.. ma — .i,_ . �.■ Ues to (If none,so state). The d uctlble'• applicable • r claim or • rock` I.r pc uutuutco(check one). 12. This is an oecurrence or 0 claims made poUgy(check one). 13. This endorsement is affective on 2/10/2000 at 13:01 A.M. and forms a part of PolkyNuntber CAIC10016317 Lenard Robinson hereby declare under penalty of palm'under tie laws of the State of California,that 1 have tht s authority to bind the Company It this endorseniem and amt by my execution hereof, I do so bind the company. Executed Feb, 10, 2000 19 Signature of Authorized Representative /+ (Original signature only; no facsim-Ile signature or initialed signature accepted) PhoneNo.t ( 916) 66-1000 • I,00•a 90ZZ# 9NrU23. lgd 700a p09Z 195 6t9 9Z:9T 0002. 90 '0d 02/1,1/00 FRI 10:04 FAX 619 452 6004 WATERIDGE INS. 0002 02/10/2000 THU 16:22 FAX +- TERIDGE INS SVCS • X001/004 I PC4-51 /J u tenet • 1r11 �` • ADDI'CIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY . . .l Plasterin• , Inc DEA: san Diego Pool Plastering Name and a • - of named insured(°Named insured"): HER Urns Ser • • : • • • - - - . - - - - - • ; 1.. • _ ,,. Name and address oflnswanee Company C'Campsny"): • McGAVGB SCHOOL COMMIINriat SWIMMING POOL RENOVATION,PROJECT N17.US Notwithstanding any inconsistent statement in the policy to which this erdOraeraant Is attached (the "Polley")or In any endorsement now or hereafter attached thereto,it is agreed as follows: 1. The City of Seal Beach,its*leered officials.officers, attorneys, agents, employes, and volunteers are additional lnsueds cute above named additional Masada we hen flcr referred la as the"Additional Itaxir ds") under the Polity In reiaate to those activities desedbed generally above with regard to oparalloru PcrIbf red by or on behalf of the Named Insured. The Additional Insured have no liability for the payment of any premiwns or assessments under the Policy, 2. The insurance coverages affbrded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Imvreds shall be called upon to contribute whh the insurance coverages provided by the Policy. 3, Each insular= covertgo lender the Policy shall apply separately to each Additional !mined against W r.-int Stein.to tnwte or kiln le)yfpuyht eczeaI whit resnect to the limits of the Company's liability. 4. Nothhtg In this contrast of Insuranceshall be construed to preclude coverage of a claim by one insured under the policy agar=another Insured under the policy. All welt claims shall covered as third-party damns, te,,, in the came manner as If separate policies had been issued to each insured. Nothing contained to dill provision shall operate to increase or replicate the Company's limits of liability as Provided under the policy. S. The {nstyanee aflbrdad by the Policy for contractual liability Insurance (subject to the terms, conditions and exclusions applleable to such insurance) includes liability assumed by the Named Insured under the lndemnilStatloo and/or bold harmless provision(s) contained In or executed is 6. As to the nos junction with the written agreeIflent(s)or permlt(s) designated above,between the Named Insured d d i t i o n a l and the Additional Insureds- nsures:. . The policy to which this endorsemeca( Is attached shall not be subject to tlen, e In coverage, radiation of limits (c eccpt as the result of the payment of claims), or non-rem except lainaitinen notice to3 , by certified moil, return receipt requested, not lass than thirty (30) days prior to the cc ve to thereof. In the avant of Company's failure to comply with this notice provision, the policy as initially drafted will Continue In flrll force and effect until compliance with this notice requirement, 7. Company hereby waivas all rights of subrogation and contrlbudon against the Additional Insureds, while noting 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 aciviies described generally above with re9ed to operations performed by or on behalf of the Named Insured regardless or any prior, conaurent,or Subsequent active or passive negligence by the Additional Insureds. 8. It Is 'herby agreed that the taws of the State of California shall apply to and govern the validity. construed's&Interpretation.and enforcement dads contract of insurance. 9. This endorsement and all notices given hereunder shelf be sent to Public Agency at: Director*&Parks.Recreation and Community Services City of Seal each 311 Shit Street Seal Beach CA 90740 600 'd 90226 01321I8XMid stun* PB4Z T9S 419 9Z:St coOZ.BO:gs2 02/1,1/00 FRI 10:06 FAX 619 452 6004 WATERIDCE INS. Z003 02/10/2000 THU 16:22 FAX .-r-TERIDGE INS SVCS 0002/004 • to. Except as stated above and not in conflict ':• - -ment nothing contained herelu skill by held to waive, alto • --- •r - h e IIRWS,awaements, or exclusions of the policy to which this =7 s attached. TYPE OE COVERAGES TO WHSCN POLICY PER1CD LILIMITS ABILITY F 71ESENDQRSE/4BM'ATTACHES FROM/TO 1 O to 4/1/2000 11. , Scheduled items or lc*lions we to be wdentlfied on an ettaclod shoot. The following incldsioa9 relate to the above coverages. includes: • datotual Liability 0 Explosion Hazard ers/lsadlordsrfenants 17 Collapse Hamrd Maduthctwrersfeennectors 10 t]pdergreued Property Damage • } Products/Completed Operations • 0 Pollution Liability lO Broad Lana Property Damage a Liquor Liability t] 1 8adily Igluty 0 Broad Form Comprehensive 0 ,12i. Catcall Liability Endorsement 0 • 12. A X!(deductiblo or 0 self-Insured retention (check one) of$ $500 • applies to all cavcrage(s)except: (IF none. so shito). The deductible is appilcabiet)per claim Of 0 par occurrence (check one). 13. This Is araCCoccurrence or 0 alaiats mule policy(check one]- • 14. This eadorsctuew Ia.effeettve • at 12:01 A.M.and forms a part &Policy Nu a yatUF 1 T,Pnar1Z fnhi ns _(print name). hereby declare under portalEy of perjury tinder the laws ofUte mate of California,that I have the,autatorlty to bled d c O.nnp*a 'to dais endoea ntent and that by my eveeutibt heroof, 1 tin in bird the Company. Ex- Feb. 0 , 000 ,]9 L� th. ,: J/ II�_'� it 43 Act".....is of Au toted Represenlat ve (Original signature only; no facsim-lie signature or initialed signature accepted) PhoncN3.: (926 ), 566-1000 • • • • • .._._._ . yao7. lac Rte RR:ot nnn •q° �� OkiteftlegrIa 'rood Z00'd 9022 •