Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
AGMT - Valverde Construction, Inc. (Alley Reconstruction FY1996-97, Project #737)
• Public Works Contract 2ND STREET WATER MAINLINE & CENTRAL WAY ALLEY • RECONSTRUCTION, FY 96 -97 PROJECT # 737 For 2ND STREET WATER MAINUNE & CENTRAL WAY ALLEY RECONSTRUCTION, FY 96 -97 PROJECT # 737, in the City of Seal Beach. 44' THIS AGREEMENT, mad - and entered into this 4 y day o �,� _, , 1 by and between the City of Seal Beach, Califom hereinafter referre, o as the "CITY," Pa y of the Firsleart, and _, • d . hereinafter designated as the "CONTRACTOR," Party of the Second Pa ". WITNESSETH: That the Parties do hereto mutually agree as follows: ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said CITY, the CONTRACTOR agrees with said CITY to 2ND STREET WATER MAINLINE & CENTRAL WAY ALLEY RECONSTRUCTION, FY 96 -97 PROJECT # 737, and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in the Specifications and Contract Documents, therefore, to fumish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be fumished by the CITY), and to do everything required by this Agreement and the said Specifications, Drawings, and Contract Documents. ARTICLE II. For fumishing all said materials and labor, fumishing and removing all plant, temporary works or structures, tools and equipment and doing all the work contemplated and embraced in this Agreement, also for all Toss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by said CITY, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be bome by the said CITY and faithfully completing the work and the whole thereof, in the manner shown and described in the said Drawings, Specifications, and Contract Documents and in accordance with the requirements of the Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal. ARTICLE 11I. 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 part of this Agreement. ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE VI. By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's • CONTRACTOR TO SUBMIT UPON AWARD: D-2 2ND STREET WATER MAINUNE & CENTRAL WAY ALLEY RECONSTRUCTION, FY 96.97 PROJECT # 737 • ` f compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above written. CITY OF SEAL BEACH, CALIFORNIA Party of the First BY KCA a E City Manager C erk erk VALVERDE CONSTRUCTION, INC. BY CONTRACTOR - Party of the Second Pa Jo . Valverde, President • 12402 Philadelphia Street Address Whittier, Ca 90601 CONTRACTOR TO 2ND STREET WATER MAINUNE & CENTRAL WAY ALLEY RECONSTRUCTION, SUBMIT CT N, FY 96.97 PRO PROJECT O # 737 • • State of California RIGHT THUMBPRINT(Optional) County of Los Angeles I On nay 22, 1997 before me, Goldia Loretta Pereda it (DATE) (NAME/TITLE OF OFFICER i.e."JANE DOE,NOTARY PUBUCI c personally appeared Joe A. Valverde INAMEISI OF SIGNERISII CAPACITY CLAIMED BY SIGNERIS) O INDIVIDUALS) tJCORPORATE President ® personally known to me -OR- ❑ proved to me on the OFFICERISI amcs basis of satisfactory ❑PARTNER(SI ❑LIMITED evidence to be the OGENERAL person(s) whose name(s) ❑ATTORNEY IN FACT is/are subscribed to the DTRUSTEEIS) within instrument and ❑GUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER: he/she/they executed the same in his/her/their authorized capacitylies), SIGNER IS REPRESENTING: and that by his/her/their (Name of Person(s)or Entity(ies) signature(s) on the Valverde Const. Inc. instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. RIGHT THUMBPRINT(Optional) Fs GOLDIALORE(TAPEREDA� Witness my hand and official seal. 13 ��{'.\'--_; COMM.#1126082 i NOTMY N1BtJCCAEA'ORNu si% LOSANGFIESCOUNTY'N o L N>r Cca Exp hb.6.200J __ ~ rt IF NO CAPACITY CLAIMED BY SIGNERIS) DINDIVIDUALIS) ❑CORPORATE ATTENTION NOTARY OFFICER(SI The information requested below and in the column to the right is OPTIONAL. air`s' Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any DPARTNERIS) OLIMITED unauthorized document. ❑GENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document Contract/Bonds OTRUSTEE(S) MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document [JOINER: DESCRIBED AT RIGHT: Signers)Other Than Named Above SIGNER IS REPRESENTING: (Name of Person(s)or Entity(ies) WOLCOTTS FORM 63240 Rev.3.94 1pdce class B-2A) ©1994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS 7 011111101111 :63 8 •• Executed in Four •nterparts • Bond No. B97012788 Premium: $4,240.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded Valverde Construction, Inc. 12Ln2 Philado 1phin St . Whittier, Ca. 90601 (Name and address of Contractor) rPrincipar), a ontract (the'Contract')for the work described as follows: 2nd :Street Water Mainline & Central Way Alley Reconstruction, FY 96-97 Project #737 WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW THEREFORE, we,the undersigned Principal, and Ulico Casualty Company 1340 Treat Blvd. , Walnut Creek, Ca. 94596 (Name and address of Surety) (-Surety') a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in thk peal sum of Two Hundred Ninety-Four Thousand Four Hundred Forty-Six arid 25/iuu Dollars ($ 294,446.25 ), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set CONTRACTOR TO SUBMIT UPON AWARD:Dd 2ND STREET WATER MAINLINE&ANTRAL WAY AI I FY RECONSTRUCTION,FY 96-97 PROJECT#737 • • 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: May 5, 1997 'Principal' 'Surety' Valverde Construction, Inc. Ulico Casualty Company i/ire l ar/..�/ Its Joe A. Valverde, Pre Its 'osemarie ua- i Attorney-in-Fact By: By: tts Its • (Seal) •• (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. CONTRACTOR TO SUBMIT UPON AWARD:D-5 2ND STREET WATER MAINLINE 8 CENTRAL WAY AI I FY RECONSTRUCTION,FY 9697 PROJECT#737 • 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r-rr�-rr--r ifrrl/rrrrrr_—rr.i_ --r / —r——rf�.i�r�r_r/rrr r 1�Irr r.r r—rr-- State of California 1 County of San Francisco o 1 On 5-5-97 before me, P. Reekers, Notary Public l o DATE NAME,TITLE OF OFFICER-E.G.,MANE DOE,NOTARY PUBLIC" \ personally appeared Rosemarie Guanill \ NAME(S)OF SIGNER(S) I l EI personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence 1 to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- 1 1 knowledged to me that he/she/they executed \ 1 the same in his/her/their authorized capacity(ies), and that by his/her/their 1 signature(s) on the instrument the person(s), 1 I or the entity upon behalf of which the 1 1 person(s) acted, executed the instrument. 1 1 a P. REE S / WITNESS my hand and official seal. G "jt�L' COMM. 11997318 2 0 U �•*� NOTARY PUBLIC-%FORMA CO / \ �`\tk SAN FT7MClSCp ODUNIY ly / � � � � / \ �'� MY Comm.Eximes June p4 1ygJ' L -L l� 1 \ SIGNATURE OF NOTARY \ 1 S OPTIONAL IThough the data below is not required by law, it may prove valuable to persons relying on the document and could prevent 5 \ fraudulent reattachment of this form. \ S CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT \ 1 ❑ INDIVIDUAL 1 1 ❑ CORPORATE OFFICER 1 TITLE OR TYPE OF DOCUMENT l TITLE(S) \ C PARTNER(S) ❑ LIMITED 1 1 ❑ GENERAL \ 1 IN ATTORNEY-IN-FACT NUMBER OF PAGES 1 \ ❑ TRUSTEE(S) \ 1 ❑ GUARDIAN/CONSERVATOR 8 1 n OTHER: 1 \ DATE OF DOCUMENT \ \ SIGNER IS REPRESENTING: S \ NAME OF PERSON(S)OR ENTITY)IES) Surety: SIGNER(S) OTHER THAN NAMED ABOVE 0 1 t\ Ulico Casualty Company \11 • • State of California RIGHT THUMBPRINT aOptional) County Of Los Angeles F On May 22, 1997 before me, Goldia Loretta Pereda (DATE) INAMERITLE OF OFFICER.e.'JANE DOE,NOTARY PUBLIC-I c personally appeared Joe A. Valverde INAMEISI OF SIGNERISII CAPACITY CLAIMED BY SIGNERIS) O INDIVIDUALIS) ADCORPORATE president ® personally known to. me -OR- ❑ proved to me on the OFFICERIS) ITITLLS1 basis of satisfactory OPARTNERIS) OLIMITED evidence to be the DGENERAL person(s) whose name(s) CATTORNEY IN FACT is/are subscribed to the OTRUSTEE(5) within instrument and OGUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER: he/she/they executed the same in his/her/their authorized capacity(ies), SIGNER IS REPRESENTING: and that by his/her/their (Name of Personae)or Entitylies) signature(s) on the Valverde Const. Inc. instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the RIGHT THUMBPRINT(Optional) instrument. r� r-.. GOLDIA LORETTA PEREDA1 � `; COMM.#nz6o8z Witness my hand and official seal. ' NOTARYPUSUGCAUFOBNU T L , ,J LOS ANGELES COUNTY M My Comm Exp.Feb.6,2001 j (SEAL) . /', o o ,:n.mFNO'"` CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUALIS) OCORPORATE ATTENTION NOTARY OFFICER(S) The information requested below and in the column to the right is OPTIONAL. ITIrLESI Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNERISI ❑LIMITED unauthorized document. DGENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document Contract/Bonds OTRUSTEEIS) MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document ❑OTHER: DESCRIBED AT RIGHT: Signerls)Other Than Named Above SIGNER IS REPRESENTING: (Name of Person(s)or Entitylies) WOLCOTTS FORM 63240 Rev.3-94;price class B.2A1 01994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS 7 01111110 I 6324 I . 8 • • Executed in Four Counterparts Bond Number: B97012788 Premium: included in performance PAYMENT BOND bond (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded to Valverde Construr-tinn. Inc. 19407 Phlladolphia St LTbittiar, Ca 00601 (Name and address of Contractor) ('Principal), a contract (the 'Contract") for the work described as follows: 2nd Street Water Mainline 7 Central Way Alley Reconstruction, FY 96-97 Project #737 WHEREAS,-Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOV THEREFORE, we,the undersigned Principal, and in 1 rn rascal t,, romp,ny 13AQ- Treat Rlvd Walnut Croak, ra 9454A (Name and address of Surety) ("Surety') a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Two Hundred Ninety—Four Thousand Four Hundred Forty—Six and 25/1 Dollars (5 294.446.25 ), this amount being not less than fifty percent (50%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the Califomia 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 Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the Califomia Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. CONTRACTOR TO SUBMIT UPON AWARD:66 2ND STREET WATER MAINLINE&CENTRAL WAY ALLEY RECONSTRUCTION,FY 96-97 PROJECT#737 • • 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: May 21, 1997 'Principal' 'Surety' Valvprde Construction, Inc. Ulico Casualty Company By�: y� f7 B `1 ` eL4,4zi, fIS�A. Valverde, President v st Rosemarie Guanill • g Attorney-in-Fact y: 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-fad must be attached. 2ND STREET WATER MAINLINE&CENTRAL WAY ALLEY RECONSTRUCTION,U T ON,FY SUBMIT 697 PROJECT#737 I 0 State of (:al fnrnia RIGHT THUMBPRINT(Optional) i County of Los Angeles x F On May 22. 1997 before me, roldia Loretta Pereda `g (DATE) INAME/TITLE OF OFFICER-i.e.'JANE DOE,NOTARY PUBLIC-1 Ii personally appeared Joe A. Valverde INAMEISI OF SIGNERISII CAPACITY CLAIMED BY SIGNERIS) DINDIVIDUALIS) CORPORATE—President OFFICERIS) a personally known to me -OR- ❑ proved to me on the ITITLEaI basis of satisfactory ❑PARTNER(S) ❑LIMITED evidence to be the ❑GENERAL person(s) whose name(s) DATTORNEY IN FACT . is/are subscribed to the DTRUSTEEIS) within instrument and ❑GUARDIAN/CONSERVATOR acknowledged to me that DOTHER: he/she/they executed the same in his/her/their authorized capacity(ies), SIGNER IS REPRESENTING: and that by his/her/their (Name of Person(s)or Entitylies) signature(s) on the Valverde Const. Inc. instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the RIGHT THUMBPRINT(Optional) instrument. Witness my hand and official seal. W r- ,-. GOLDIA LORETTA PERECTI N m,.,,.gip ' COMM.*1126082 y^�T, '/ NOTARY ANGELES COUNTY ` yj ;„ EAg AN.ELESCOUNTY N • / o L rtm a�97Coom E� Feb.6.300 , / �....._ _- _ FNo �'. OF NOT 1 dr CAPACITY CLAIMED BY SIGNER'S) ❑INDIVIDUALIST ❑CORPORATE ATTENTION NOTARY OFFICER'S) The information requested below and in the column to the right is OPTIONAL. 'TITLES' Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNERIS) ❑LIMITED unauthorized document. DGENERAL DATrORNEY IN FACT THIS CERTIFICATE Title or Type of Document Contract/Bonds ❑TRUSTEE(S) MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages _Date of Document DOTHER: DESCRIBED AT RIGHT: Signer's)Other Than Named Above SIGNER IS REPRESENTING: (Name of Person's) or Entity(iesl WOLCOTTS FORM 83240 Rev.3.94(price class 8.2A1 ©1994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS 1111111111 11 Ii63I 1 8 • . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • /J/ lIr.:. l!!!/J/!!/l!/fJ IIl//!!I!!!!//I!!1! !!!f l//JlljllJl�/-� ,`1 State of California o County of San Francisco 1t On 5-5-97 before me, P. Reekers, Notary Public 1 SDATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE.NOTARY PUBLIC' personally appeared Rosemarie cuanill I NAME(S)OF SIGNER(S) ti ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence ti S to be the person(s) whose name(s) is/are ssubscribed to the within instrument and ac- ti knowledged to me that he/she/they executed Rthe same in his/her/their authorized 1 1 capacity(ies), and that by his/her/their 1 0 signature(s) on the instrument the person(s), S or the entity upon behalf of which the 1 person(s) acted, executed the instrument. N N _ ,, P. REEKERS WITNESS my hand -nd official seal. COMM.H997318 Si / `0 1 1 NOTARY PUBLIC-CALIFOgNIA n `f ' / , / 11 SAP FRANCISCO OOUNTY N _ `lll 1 My Comm.Expires June 20,1997 SIGNATURE OF NOTARY 0 1 1 OPTIONAL I 1 o Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent Sfraudulent reattachment of this form. S 1 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT S ❑ INDIVIDUAL 0 o ❑ CORPORATE OFFICER 1 TITLE OR TYPE OF DOCUMENT 8 l Timm) ❑ PARTNER(S) ❑ LIMITED 0 1 1 ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR S t\ ❑ OTHER: 0 DATE OF DOCUMENT 8 1 SIGNER IS REPRESENTING:l ` NAME OF PERSON(S)OR ENTITY(IES) ,, Surety: SIGNER(S) OTHER THAN NAMED ABOVE Ulico Casualty Company ,\�\ .!I/Ill!/ll 1.Ill l/!I!I!/l ll///l/!!!/IIIIl!/J/!/!/!/l/!J//Illfl/l!!!!/!!I • • ULICO • CASUALTY COMPANY 11I Massachusetts Avenue, N.W. Washington, DC 20001 158 POWER OF ATTORNEY Know All Men By These Presents: That Ulico Casualty Company,A Delaware Corporation,having its principal office in Washington, DC,pursuant to the following resolution,adopted by the Board of Directors of the Corporation effective on the 28th day of January, 1993: RESOLVED: "That the Chairman and Chief Executive Officer be,and hereby is,authorized to execute Powersof--Attorney,qualifying the attorney named in the Powers-of-Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the Corporation,in the transaction of its surety business." RESOLVED: "That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Power-of-Attorney or to any certificate relating thereto by facsimile, and any such Power-of-Attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: Rosemarie Cuanill, L.P. Tosse,I.M.Albada, P. Reekers, M.Moody and John W. Davis of Willis Corroon of California of San Francisco, in the State of California, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver in its behalf,and as its act and deed, without power of redelegation,as follows: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED THREE MILLION ($3,000,000.00) DOLLARS; to bind Ulico Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company,and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. • In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporate seal to be affixed this 25th day of lune, 1996 This Power of Attorney is void unless the seal is readable, the text is in black ink the signatures are in black ink this notice is in red ink and if attached to a document executed subsequent to January 1, 1999. Ulico Casualty Comp. e<� 4 District of Columbia ss: (( SEAL ))By: jiGir ' ' t er r/wQi 1717: A.Georgine,Chairman and hief : utive Officer On this 25th day ofJune,1996,before the subscriber,a Notary Public of the District of .lumbia,duly commissioned and q aifi:.,came Robert A. Georgine of Ulico Casualty Company to me personally known to be the individual and officer .escribed therein, and who execute, e preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation,and that the resolution of the Company,referred to in the preceding instrument, is now in force. In Testimony Whereof,I have hereunto set my hand,and affixed my official seal at Washington,DC the day and year above written. usn "NOTARY By 1 � � U o PUBLIC, A tary Public D.Y. tire'Lea a *co y Commissi n pines: Notary Public District of Col 11 OF°° My Commission Expires March 31, 20% CERTIFICATION I,Joseph A. Carabillo, Assistant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seal of the corporation this 5 h day of May 99 7 z s.� 0 >un�>a / ° SEAL U By a >/ �� �� /p A. .rabillo,Assistant Secretary UCB-102-POAI (09/94) r" °' • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION 2ND STREET WATER MAINLINE & CENTRAL WAY ALLEY RECONSTRUCTION, FY 96-97 PROJECT #737 Indemnitor(s) (list all names): Valverde Construction, Inc. Joe A. Valverde, President To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach_ and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively 'Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively 'Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the 'Agreement') or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.lndemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liablilities, covenants and conditions under this instrument shall be joint and several. Indemnitor Name Valverde Construction. nc. Name: By: � By: Its Joe A. Valverde, President Its CONTRACTOR TO SUBMIT UPON AWARD:D-8 2ND STREET WATER MAINLINE 8 CENTRAL WAY ALLEY RECONSTRUCTION,FY 9697 PROJECT#737 • • AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ('Agency') and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: 'I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply w'th such provisions before commencing the performance of the work of this contract.' Dates/22/97 Signature ei 494/111P Joe A. Valverde, President 2ND STREET WATER MAJNLINE&CENTRAL WAY ALLEY RECONSTRUCTION, 1 E FY 96-97 PROJECT 737 • • 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 contractors license as set forth below: Business& Professions Code§7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now §20103.51 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 fumished 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 CONTRACTOR TO SUBMIT UPON AWARD:D10 2ND STREET WATER MAINLINE&CENTRAL WAY ALLEY RECONSTRUCTION,FY 96-97 PROJECT#737 • • license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code§20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. • License no.: 276469 Class: A Expiration date: 1/31/99 Date 5/97/97 Signature 1' Joe A. Valverde, President CONTRACTOR 2ND STREET WATER MAINLINE 8 CENTRAL WAY ALLEY RECONSTRUCTION,D T CTION,FY 96.97 PROJECT# 737 • • INSURANCE REQUIREMENTS FOR CITY OF SEAL BEACH PUBLIC WORKS CONTRACT LIABILITY INSURANCE The Contractor shall at all times during the terms of the Contract carry, maintain, and keep in full force and effect a policy or policies of comprehensive general liability insurance in which the City, along with its City Council and each member thereof, and every officer, official, agent, attorney, employee or volunteer of the City, is the named insured or Is named as an additional insured with the Contractor in accordance with Section 7-3 of the Standard Specifications. The insurance company issuing such policy(ies) must be acceptable to, and approved by, the City Engineer and City Attorney. Contractor shall maintain limits of no less than One Million Dollars ($1,000,000) combined single limit coverage per occurrence for personal injury or death or property loss or damage which may arise from or relate directly or indirectly to the acts, operations or omissions of the performance of the Contractor and/or its subcontractors and/or the employees, agents, officers, officials or volunteers of either, in the performance of this Public Works • Contract. Such insurance shall include coverage for all automobiles utilized by Contractor's or any subcontractor's employees or agents in the performance of the Contract. Contractor shall also provide an endorsement in substantially the form set forth below. ENDORSEMENT IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SEAL BEACH, ITS CITY COUNCIL AND EACH MEMBER THEREOF, AND EVERY OFFICER, OFFICIAL, AGENT, EMPLOYEE OR VOLUNTEER OF CITY SHALL BE NAMED AS JOINTLY AND SEVERALLY INSURED AS RESPECTS CLAIMS ARISING OUT OF THE FOLLOWING PROJECT: 2ND STREET WATER MAINLINE & CENTRAL WAY ALLEY RECONSTRUCTION, FY 96-97 PROJECT # 737 IT IS FURTHER AGREED THAT THE FOLLOWING INDEMNITY AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE NAMED INSURED IS COVERED UNDER THE POLICY: CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS CITY COUNCIL AND EACH MEMBER THEREOF AND EVERY OFFICER, OFFICIAL, EMPLOYEE, ATTORNEYS, AGENT, AND VOLUNTEER OF CITY FROM AND AGAINST ANY AND ALL LIABILITY OR FINANCIAL LOSS RESULTING FROM ANY SUITS, CLAIMS, LOSSES OR ACTIONS BROUGHT AGAINST, AND FROM ALL COSTS AND EXPENSES OF LITIGATION BROUGHT AGAINST, CITY, ITS CITY COUNCIL AND ANY MEMBER THEREOF, AND ANY OFFICER, OFFICIAL, EMPLOYEE, AGENT, ATTORNEY OR VOLUNTEER OF CITY WHICH RESULTS, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY WRONGFUL OR NEGLIGENT ACT OR OMISSION OF CONTRACTOR OR ANY SUBCONTRACTOR, OR AN OFFICER, EMPLOYEE OR AGENT OF EITHER, OR ANYONE FOR WHOSE ACTS ANY OF THESE MAY BE LIABLE, WHILE ENGAGED IN THE PERFORMANCE OF THIS CONTRACT, EXCEPT WHERE SUCH LIABILITY OR LOSS IS SOLEY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY. THE INSURANCE COVERAGE SHALL APPLY SEPARATELY TO EACH INSURED AGAINST WHOM A CLAIM IS MADE OR SUIT IS BROUGHT, EXCEPT THAT THE INCLUSION OF MORE THAN ONE INSURED SHALL NOT OPERATE TO INCREASE THE LIMITS OF THE COMPANY'S LIABILITY. THE INSURANCE COVERAGE SHALL NOT BE SUSPENDED, VOIDED, CANCELED, REDUCED IN COVERAGE OR IN LIMITS, OR OTHERWISE MATERIALLY CHANGED, UNLESS THIRTY (30) DAYS ADVANCE WRITTEN NOTICE BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED HAS BEEN GIVEN TO THE CITY. CONTRACTOR TO SUBMIT UPON AWARD:0-12 2ND STREET WATER MAINUNE 8 CENTRAL WAY ALLEY RECONSTRUCTION,FY 9697 PROJECT#737 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 MAYBE 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 2ND STREET WATER MAINLINE&CENTRAL WAY ALLEY R CONSTRU 1 RUCTION, 96-97 PROJEECT#737 _ • • • ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY • Valverde Construction, Inc. 12402 Philadelphia Street, Whittier; CA . 90601 Name and address of named insured(Named Insured): • American International Specialty Lines Ins. Co. 777 S. Figueroa Street, Name and address of Insurance Company('Company): Los Angeles, CA 90017 2ND STREET WATER MAINLINE & CENTRAL WAY ALLEY RECONSTRUCTION, FY 96-97 PROJECT# 737 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 it 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. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at Director of Public Works City of Seal Beach 211 8th Street Seal Beach CA 90740 r ='T CONTRACTOR TO SUBMIT UPON AWARD:0-16 - _'-3° r,:22ND STREET WATER MAINLINE 8 CENTRALWAY ALLEY RECONSTRUCTION,FY 96-97 PROJECT#737 • • • • 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 LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY. General Liability 8/1/96 — 8/1/97 $21,1000,000 General Aggregate $1,000,000-Products=Comp/Op Agg. $1,000;000:PersonaJI6 'Adv. Injury $1,000,000 Each Occurrence $ 50,000 Fire Ding.. (any one fir, 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the $5,000 Me, above coverages. Includes: Eg X Contractual Liability (any one person Explosion Hazard flf Owners/Landlords/Tenants X Collapse Hazard X Manufacturers/Contractors X Underground Property Damage at Products/Completed Operations RI Pollution Liability Broad Form Property Damage 7Q Liquor Liability X Extended Bodily Injury 0 X Broad Form Comprehensive 0 X General Liability Endorsement p 12. • Afldeductible or❑ self-insured retention (check one)of$ 5,000 applies to all coverage(s) except: nnna Of none, so state). The deductible is applicable❑ per claim or a per occurrence (check one). 13. This is an 6 occurrence or O claims made policy(check one). 14. This endorsement is effective on 5/19/97 at 12:01 AM. and forms a part of Policy Number GT cut Rfi105 • d. William S. Wooditch (pent 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 May 19th , 19 97 hf Signature of • 1. i7 •t r=.resentative (Original signature only; o facsimile signature or initialed signature accepted) Phone No.: ( 714 ) 553-9800 • CONTRACTOR TO SUBMIT UPON AWARD:D-17 2ND STREET WATER MAINLINE&CENTRAL WAY ALLEY RECONSTRUCTION,FY 96-97 PROJECT#737 • • • • ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Valverde Construction, Inc. 12403_Philadelphia Street, Whittier, CA 90601 Name and address of named insured('Named Insured"): National Union Fire Ins. Co. of Pittsburgh, PA 777 S. Figueroa Street, Los Angeles, • Name and address of Insurance Company('Company): CA 90017 2ND STREET WATER MAINLINE & CENTRAL WAY ALLEY RECONSTRUCTION, FY 96-97 PROJECT # 737 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-parry 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 lirptts of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance(subject to the terms, conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the.wrttten agreement(s) or permit(s)designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty(30)days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 8. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Public Works City of Seal Beach 211 8"Street Seal Beach CA 90740 9. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. •• . CONTRACTOR TO SUBMIT UPON AWARD:D-18 2ND STREET WATER MAINLINE 8 CENTRAL WAY ALLEY RECONSTRUCTION,FY 96-97 PROJECT#737 . . • V TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES . _ FROM/TO LIABILITY -- U,,_�._�c Automobile IiaLijity • 8/1/96 — 8/1/97 10. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: CT Any Automobiles ❑ Truckers Coverage CC All Owned Automobiles ❑ Motor Carrier Act EX Non-owned Automobiles ❑ Bus Regulatory Reform Act L} Hired Automobiles ❑ Public Livery Coverage Cg Scheduled Automobiles ❑ ❑ Garage Coverage ❑ 11. A fN deductible or❑ self-insured retention (check one)of S SS 0pp to all coverage(s) except: physical damage ($500 deductible for C8 Plies mprehensYve/cul��s>on coverage, (if none, so state). The deductible is applicable ❑ per claim or per occurrence (check one). 12. This is an occurrence or❑ claims made policy(check one). 13. This endorsement is effective on 5/19/97 at 12:01 AM. and forms apartof Policy Number CA8201857 I, William S. Wooditch int name declare under penalty of perjury under the laws of the State of California, that I have the authority to b n)d the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed May 19th 97 , 19 Ur/ /' ii /I Sig ature of I - orized Representative (Original signature only;no facsimile signature or initialed signature accepted) Phone No.: ( 714 ) 553-9800 • 2ND STREET WATER MAINLINE&CENTRAL WAY ALLEY RECONSTRUCTTION,FY 96-977 PROJECTT#737 • • • ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Val vrrde Con 9f-ruction, Inc. 12402 Philadelphia Street, Whittier, CA 90601 Name and address of named insured(Warned Insured'): National Union Fire Ins. .Co: 777 S. Figueroa Street, Los Angeles, CA 90017 Name and address of Insurance Company('Company'): 2ND STREET WATER MAINLINE & CENTRAL WAY ALLEY RECONSTRUCTION, FY 96-97 PROJECT # 737 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 additiona4_insureds are hereafter referred to as the'Additional Insureds') under the Policy in relation to those activities described generally above with regard to operations performed by or on . behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. Al such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance(subject to the terms, conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s)contained in or executed in conjunction with the written agreement(s)or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty(30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at Director of Public Works City of Seal Beach 211 8°1 Street • Seal Beach CA 90740 CONTRACTOR TO SUBMIT UPON AWARD:1120 2ND STREET WATER MAINLINE 8 CENTRAL WAY ALLEY RECONSTRUCTION,FY 96-97 PROJECT#737 • • • 9. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, atter 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 6 Following Form 8/1/96 — 8/1/97 ❑ Umbrella Liability 10. Applicable underlying coverages: • INSURANCE COMPANY POLICY NO. - AMOUNT American Int'l Specialty (G.L.) GL8186105 *(Limits per endorsement) II - ' *National Union Fire Ins. Co. (Auto Liab.) CA8201857 Ulico Casualty Company (Workers' Comp) WD8040405-00 (Statutory Limits) 11. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 12. A ❑ deductible or❑ self-insured retention (check one) of$ N/A to all coverage(s)except: applies (if none, so stale). The deductible is applicable❑ per claim or ❑ per occurrence (check one). 13. This is an ERoccurrence or❑ claims made policy(check one). ._ 14. This endorsement is effective on 5/19/97 at 12:01 AM. and forms a Fart of Policy Number William S. Wooditch declare under penalty of perjury under the laws of the State of California, that I have the authority to b n)d the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed May 19th 19 97 /4, tiiltl�._N//�Win— Sig urn 'r' Ahorized Representative (Original signature only, no facsimile signature or initialed signature accepted) Phone No.: ( 714 ) 553-9800 CONTRA TO SUBMIT UPON AW :D-21 2ND STREET WATER MAINLINE&CENTRAL WAY ALLEY RECONSTRUCTTION,,A'96-97 PROJECT#737 • • )fi City of Seal Beach Addendum No. 1 Addendum No. 1 to Notice Inviting Bids under Contract Documents: 2nd Street Water Mainline & Central Way Alley Reconstruction, FY 96-97 Project #737. To all prospective Bidders under Contract Documents: 2nd Street Water Mainline & Central Way Alley Reconstruction, FY 96-97 Project #737 for which Bids are to be received by the City of Seal Beach, California, at the office of the City Clerk, in City Hall, 211 8t Street, Seal Beach CA 90740 at 10:00 AM Tuesday, April 22, 1997. Non Mandatory Pre-Bid Meeting: A non-mandatory pre-bid meeting was held on April 2, 1997. The Contractor shall bid the Work according to the Contract Documents and addenda issued. The following changes have been made to the Proposal Form and Bid Sheets: 'Revised Bid Sheets including said changes are attached hereto and are hereby made a part of this Addendum No. 1. Said revised Bid sheets shall be used in place of the previous ones in submitting the Bid." • The following changes have been made in the text of said Contract Documents: The following sections are hereby added to the Special Provisions: Specific Project Provisions: 11-B-27 WORK ON PRIVATE PROPERTY: It is anticipated that the • Contractor may have to perform some work on private property. Any right- of-entry for the work will be provided by the City. II-B-28 ILLICIT DISCHARGES INTO THE STORM DRAINS: The Contractor shall not allow any pollutants or non-stormwater run-off from its operation to enter the storm drain. II-B-29 ADDITIONAL WORK CONCRETE AND MISCELLANEOUS WORK: The Contractor shall complete the additional miscellaneous work within 14 working days from the Notice to Proceed. The work will consist • of upgrading the pedestrian access on the north side of Central Avenue from 8t° Street to Main Street. The work includes but is not limited to concrete removal, sidewalk, driveway approach, and curb and gutter improvements, brick pavers, and cement slurry root barrier. Cement Slurry Root Barrier: After the sidewalk is removed in front of the trees, the Contractor shall excavate a minimum 6' wide and 3' deep trench parallel to the street approximately 2' from the non-street side edge of the sidewalk. The Contractor shall fill the trench with '2 Sack Cement Slurry.' The Contractor shall furnish all necessary materials, labor, equipment and other incidental and appurtenant work necessary for the proper construction of this item of work. Payment for the Cement Slurry Root Ranier will be made at the unit price in and the quantity designated on the bid sheet. Curb and Gutter, Sidewalk, Driveway Approach: The Contractor shall install concrete improvements per the attached City plan made part of this addendum. Brick Payers: The Contractor shall conform to all manufacturer's recommendations for Brick Pavers. GENERAL: 1.1 RELATED WORK IN OTHER SECTIONS OF THESE SPECIFICATIONS 1.1.1 Preparation of sub-base 1.1.2 Installation of base materials 1.1.3 Application of soil sterilant 1.2 SUBMITTALS 1.2.1 Two samples of paving stones shall be submitted at the Preconstruction Conference to indicate the colors to be supplied on this job. 1.3 PRODUCT HANDLING 1.3.1 Paving stones shall be delivered and unloaded at jobsite on pallets and bound in such a manner that no damage occurs to the product during hauling, handling or unloading at the jobsite. PRODUCT INFORMATION 2.1 PRODUCT 2.1.1 Olsen Pavingstone, Inc. (714) 728-0415, Product Name: Keystone. Thickness: 60 mm 2-3/4', Stone Size: 9' by 5—W, Weight: 7.71bs, Units SO. FT.: 3.7 or Air Vol Block, Inc. (805) 543-1314, Product Name: Chumash, Thickness: 60 mm 2-3/4', Stone Size: 9' by 5 — 15', Weight: 7.7Ibs, Units SO. FT.: 3.4 or approved alternate. 2.2 MATERIALS 2.2.1 All interlocking concrete paving stones shall conform to the following specifications: • 2.2.1.1 Pavers shall have a minimum compressive strength of 8,000 PSI In accordance with testing procedures ASTMC-42 and C-140 2.2.1.2 Materials used to manufacture interlocking concrete paving stones shall conform to the following: Cement-ASTMC-150, Aggregates-ASTMC-33 (washed, graded sand and rock, no expanded shale or lightweight aggregates,) 22.1.3 Color. Red • 2.2.2 Sand Laying Course-shall be clean washed sand with 100% passing a No. 4 Sieve Size and a maximum of 3% passing a No. 200 sieve size, (plaster sand) 2.2.2.1 Thickness of sand laying course shall be uniform to insure an even surface. 3.0 INSTALLATION OF INTERLOCKING CONCRETE PAVING STONES: 3.1 Pavers shall be dean and free of foreign materials before installation 3.2 Installation shall start from a corner or straight edge and proceed forward over the undisturbed sand laying course. 3.3 Paving work shall be plumb, level and true to line and grade; shall be installed properly to coincide and align with adjacent work and elevations. (All edges must be retained to secure the perimeter stones and sand laying course.) 3.3.1 Paving stones shall be installed hand tight and level on the undisturbed sand laying course. String lines shall be used to hold pattern lines true. 3.3.2 A Roller Vibrator or Plate Vibrator shall be use to compact the stones and to vibrate the sand up into the joints between the stones. 3.3.3 Plaster sand shall be spread over the installed paving stones so that it may be vibrated into the joints between the stones. 3.3.4 Excess sand should be swept into the joints or disposed of from the surface area. 3.3.5 The completed paving stone installation shall be washed down and cleaned to provide a leaned. 3.4 Cutting of paving stones shall be done with a masonry saw unless written permission from the Director of Public Works is obtained to use a double bladed breaker saw. Edge Treatment: The Contractor shall use Edge Treatment Variation Detail B provided and made part of this addendum. Measurement and Payment: The Contractor shall furnish all necessary materials, labor, equipment and other incidental and appurtenant work necessary for the proper construction of this item of work, including but not limited to sand base, compacted sub base, and edge treatments. Measurement for payment for Brick Pavers will be based upon the area of such pavers actually placed and installed as specified in these Contract Documents. Payment for the Brick Pavers will be made at the unit price of per square feet. II-B-30 USE OF CITY STORAGE SITES: The City may allow the Contractor to use the City's lw Street Parking Lot area as a construction S staging area and for overnight storage area. Attention is directed to section II-B-13 of these special provisions concerning construction yards. H-B-31 BID ALTERNATES: The City reserves the right to award based soley on Alternate A or soley on Alternate B. All work for Alternate A or Alternate B shall be completed within 40 working days from the date specified in the written notice to proceed from the City. The Contractor shall bid both Alternates. By order of the City of Seal Beach, i ir-a •r of Public Works Da R? CERTIFIC•E OF LIABILITY INSURE OP ID KU DATE (MM /DDIYYYY) VALVE -1 08/10/10 PRODUCER - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Andreini & Company -South Coast ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License 0208825 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR One MacArthur Place, Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. South Coast Metro CA 92707 Phone: 714 - 327 - 1400 Fax: 714 327 - 1499 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A Travelers Property Casualty 36161 INSURER B 8eabrIght Insurance Company 15563 Valverde Construction, Inc. INSURERC 10918 Shoemaker Avenue INSURERD Santa Fe Springs CA 90670 INSURER E COVERAGES 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADD'L - POLICY EFFECTIVE POLICY EXPIRATION LTR INSRL TYPE OF INSURANCE POLICY NUMBER DATE (MM /DD/YYYY) DATE (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY DTEL05192M234TIL10 08/01/10 08/01/11 PREMISES (Ea occurence) $ 300000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ 2000000 I� I — I POLICY PROCT - JE LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 A X ANY AUTO DT8105192M234TCT10 08/01/10 08/01/11 (Ea accident) X ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY AGG $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ 5 , 000 , 000 A X OCCUR CLAIMS MADE DTSMCUP 5192M234TIL10 07/31/10 08/01/11 AGGREGATE $ 5,000,000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION C S I A rU- O r H- AND EMPLOYERS' LIABILITY X (T LIM I I E R B ANYIPROPRIETORPARTNERE ECUTIVE / N BB1100213 01 /01 /10 01 /01 /11 EL EACH ACCIDENT $ 1000000 (Mandatory in NH) ` E L DISEASE - EA EMPLOYEE $ 1000000 SK PECIAL PROVISION es, descnbe under S below E L DISEASE - POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Evidence Only The CANCELLATION notice herein is amended to read 10 Days as respects any cancellation due to nonpay of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION S ,LASEA1 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 The City of Seal Beach REPRESENTATIVES. 211 8th Street AUTHORIZED REPRESENTATIVE Seal Beach CA 90740 }� `L ACORD 25(2009/01) O TIC/ . II fights reserved. The ACORD name and logo are registered marks of it - D