HomeMy WebLinkAboutAGMT - Asphalt MaintenancePLEASE COMPLETE THIS INFOWION
RECORDING REQUESTED BY: -
AND WHEN RECORDED MAIL TO:
0
00� 11/92
Recorded in the County of Orange, California
Gary L. Granville, Clerk /Recorder
111111111111111 Jill 1111 No Fee
19990735656 4,19pm 10/19/99
005 25018323 25 23
R28 4 6.00 9.00 0.00 0.00 0.00 12.00
TITLE: "XeC Owm
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL. TO
CITY OF SEAL BEACH
Attn: City Clerk
211 8tn Street
Seal Beach, CA 90740
Space of above this line for Recorder's use.
* ** No Recording Fee Pursuant to Government Code Section 6103, 27383 * * **
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
2.
3.
4.
5.
6.
7.
The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the
property hereniafter descnbed-
The full name of the owner is: City of Seal Beach
The address of the owner is: City of Seal Beach, 211 8d' Street, Seal Beach, CA 90740
The nature of the interest or estate of the owner is; In fee. The City of Seal Beach..
A work of improvement on the property hereinafter describe as completed on August 20, 1999. The
work was: Street Sealing Project, #674.
I he name of the contractor, if any, for such of improvement was: Asphalt Maintenance Company. The
date of the Contract was: June 28, 1999.
The property on which said work of improvement was completed in the City of Seal Beach, County of
Orange, State of California, and is described as follow,S;.�carious streets within the Citv.
named in paragraph 2 or his agent.
ASST. CITY ENGINEER
VERIFICATION
1, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have
read said notice of completion and know the contents thereof, the same is true of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on 19 at Seal Beach, California.
(Date of Signature)
'Director of Public Works
EXHIBIT "A"
• s
BOOKNION111
CONTRACT DOCUMENTS
DOCUMENTS TO SUBMIT UPON AWARD:
PUBLIC WORKS CONTRACT, PERFORMANCE BOND, PAYMENT BOND,
INDEMNIFICATION AND HOLD HARMLESS, LABOR LAW
REQUIREMENTS, ACKNOWLEDGEMENT OF LICENSE LAW,
WORKMEN'S COMPENSATION CERTIFICATE, ADDITIONAL INSURED
(COMPREHENSIVE, AUTO, EXCESS
1;161 3
FY: 98.99 STREET SEALING
PROJECT # 674
These Contract Documents are the exclusive property of the Agency and shall not be used in any manner
without prior consent of the Agency. Arty reuse of these plans and specifications by Others shall be at
Other's sole risk and without liability to the Agency.
CITY OF SEAL BEACH - 211 EIGHTH STREET -SEAL BEACH, CA 90740- 6379cy.
1
r.
' WHEN RECORDED RETURN TO:
CITY OF SEAL BEACH
2118TH STREET
SEAL BEACH, CALIFORNIA 90740
•
RECORDING REQUESTED PURSUANT TO
GOVERNMENT CODE SECTION 6103
RESOLUTION NUMBER//AT3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS
AND SPECIFICATIONS FOR PROJECT #674 SLURRY SEAL PROJECT
1998/99, CONTRACT ENTERED INTO BETWEEN ASPHALT
MAINTENANCE COMPANY AND THE CITY OF SEAL BEACH.
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, on June 28, 1999, the City of Seal Beach entered into a contract with
Asphalt Maintenance Company for Slurry Seal Project.
WHEREAS, the City Engineer has determined that the work has been substantially
completed in accordance with the contract documents.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Seal
Beach as follows:
Section 1. That the work required to be performed by said Contractor has been
completed.
Section 2. That the total cost of said work is in the amount of $ 62,201.92.
Section 3. That the work is hereby accepted and approved.
Section 4. It is further ordered that a "Notice of Completion ", Exhibit "A ", be
filed on behalf of the City is in the Office` of the County of Orange
within 10 days of the date of this resolution.
PASSED, APPROVED AND ADOPTED the Council of the City of Seal
Beach at a meeting thereof held on the o day 999, by the following
vote:
AYES:
NOES:
ABSENT:
Mayor
I
STATE OF CALIFORNIA)
COUNTY OF ORANGE) SS
CITY OF SEAL BEACH)
1 Joanne M. Yep, City Clerk of Seal Beach, California, do hereb certify that the
foregoing resolution is the original copy of Resolution Numbe #� on file in the
office of the City Clerk, passed, approved, and adopted by e pity Co it of the
City of Seal Beach, at a regular meeting thereof held on the day of
Clerk
•
FY: 98.99 STREET SEALING PROJECT -674
For FY: 98.99 STREET SEALING PROJECT -674, in the City of Seal ;Bea THIS AGREEMENT, made and entered into this day , 19 by and
between the City of Seal Beach, California, hereinafter referred to as TY," Party of the Fast Part,
and A _ .4 ® / _
hereinafter dek4had6d as the
" 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 CITY to FY: 98.99 STREET
SEALING PROJECT -674, 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 CrM, and to do everything
required by this Agreement and the said Specifications, Drawings, and Contract Documents.
ARTICLE U. 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 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 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.
L�
CITY OF SEAL BEACH, CALIFORNIA
Party of the F' Part '
BY
City Manager '
BY
CONTRACTOR(-)- JDrty�of the Second Part
pjua. , L¢�r�.�l
Title
j1pell 'r k -1&d.L al�-e-
Address A 15-6
• 0
Bond No.
V
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarded
(Name and address of Contractor)
( "Principal "), a contract (the "Contract") for the work described as follows:
WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faitlM
performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
,(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
Dollars ($ ), 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 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:
"Principal"
By:
Its
By:
Its
llsmty,,
By:
Its
By:
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.
Y �
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarded to
(Name and address of Contractor)
("Principal'), a contract (the "Contract') for the work described as follows:
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.
NOW, THEREFORE, we, the undersigned Principal, and
(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
Dollars ($ 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 California Civil Code, or any amounts due under the Unemployment
Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to
be deducted, withheld, 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 California Civil
Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In
case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'
fees in an amount fixed by the court.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder,
or the specifications for the same, shall in 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.
LJ
CI
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 representatives) pursuant to authority of its governing body.
Dated:
"Principal" ` °Surety„
By:
By:
Its
Its
By:
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.
0
•
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
FY: 98.99 STREET SEALING PROJECT -674
Indemnitor(s) (list all names):
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 fiilly 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 conclusivd 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.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 Name:
By:
Its
By:
Its
• r
AGREEMENT TO COMPLY WITH "
CALIFORNIA LABOR LAW REQUIREMENTS
[Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 37001
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the
Following provisions of California law:
1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7,
Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the
awarding public agency ("Agency ") and agrees to be bound by all the provisions thereof as though set forth
in full herein.
2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which
requires the payment of travel and subsistence payments to each worker needed to execute the work to the
extent required by law.
3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775
concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay
prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50)
for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined
by the Director of Industrial Relations for the work or craft in which the worker is employed for any public
work done under the contract by Contractor or by any subcontractor.
4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which
require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such
payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the
location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of
its subcontractors.
5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5
concerning the employment of apprentices on public works projects, and further agrees that Contractor is
responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1813
concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency,
forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the
Contractor or by any subcon- tractor 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 Signature
•
•
STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES
CONCERNING THE CONTRACTORS' LICENSING LAWS
[Business & Professions Code § 7028.151
[Public Contract Code § 20103.51
I, the undersigned, certify that I am aware of the following provisions of California law and that 1, or the
entity on whose behalf this certification is given, hold a currently valid California contractor's license as set
forth below:
Business & Professions Code § 7028.15:
(a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage
in the business or act in the capacity of a contractor within this state without having a license therefor,
except in any of the following cases:
(1) The person is particularly exempted from this chapter.
(2) The bid is submitted on a state project governed by Section 10164 of the Public
Contract Code or on any local agency project governed by Section 20104 [now § 20103.51 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 furnished and the cost of completing the work to be
performed.
(c) This section shall not apply to a joint venture license, as required by Section 7029.1.
However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to
this section with respect to his or her individual licensure.
(d) This section shall not affect the right or ability of a licensed architect, land surveyor, or
registered professional engineer to form joint ventures with licensed contractors to render services within
the scope of their respective practices.
(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a
contractor who is not licensed in accordance with this chapter shall be considered non - responsive and shall
be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency
shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly
licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of
the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a
public entity who knowingly awards a contract or issues a purchase order to a contractor who is not
licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall
be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued
to, a contractor who is not licensed pursuant to this chapter is void.
(f) Any compliance or noncompliance with subdivision (e) of this section, as added by
Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency
during which time that subdivision was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this section if
the public employee, officer, or employing agency made an inquiry to the board for the purposes of
verifying the license status of any person or contractor and the board failed to respond to the inquiry within
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.: Class: Expiration date:
Date Signature
INSURANCE REQUIREMENTS FOR CITY OF SEAL BEACH
PUBLIC WORKS CONTRACT
LIABILITY INSURANCE
The Contractor shall at all times during the terms of the Contract
effect a policy or policies of comprehensive general liabili carry, rnarrrL and keep in firlI force and
City Council and each member thereof every officer, official, agent, attorn ey, liability insurance in which the City, along with its
of the City, is the named insured or is named r o additional employee or volunteer
with Section 7 -3 of the Standard Specifications. The ' with the Contractor in
acceptable to, and approved by, the City En ' msurance company issuing such li accordance
no less than One Million Dollars ($1,0 0,000 eer and City Attorney Po cntain) must be
combined single limit coverage shall maintain limits of
�1�' or death or property loss or damage which ma g Per occurrence for
operation or omissions of the y arise from or relate directly personal
employees, agents, officers, officials o�untee of either, in than�0r� or indirectly to the acts,
Contract. subcontractors and/or the
Such insurance shall include coverage for all automobiles utilizedce of this Public Works
subcontractor's employees or agents in the perfonuan
endorsement in substantially e of the Contract. �' Contractor s or any
ENDORSEMENT y the form set forth below. Contractor shall also provide an
IT IS HEREBY UNDERSTOOD
COUNCIL AND EACH MEMBER D AGREED THAT THE Cam, OF SEAL BEACH,
EMPLOYEE OR VOLUNTEER OF CITY THEREOF, AND EVERY OFFICE ITS CITY
INSURED AS RESPECTS CL HALL BE NAMED AS JOINTL OFFICIAL, AGENT,
AIMS ARISING OUT OF THE FOLLOWING PROJECT SEVERALLY
FY: 98.99 STREET SEALING PROJECT -674
IT IS FURTHER AGREED THAT PIE FOLLOWING INDEMNITY CITY OF SEAL BEACH AND THEN AGREEMENT BETWEEN THE
CONTRACTOR AGREES TO INDEMNIFY TH AMED INSURED IS COVERED UNDER
COUNCIL AND EACH MEMBER ' HOLD HARMLESS AND DEFEND THE POLICY:
ATTORNEYS, AGENT THEREOF AND EVERY OFFICER, CTTEM L CITY
LIABILITY OR GENT' AIND, LOSS RESULTING FROM O Y� AINST AL, EMPLOYEE,
ACTIONS BROUGHT AGAINST AGAIIVST ANY AND ALL
BROUGHT AGAINST, CITY ' `IT FROM ALL COSTS SUITS, CLAIMS, LOSSES OR
OFFICER, OFFICIAL, EMPLOyEEC AGENT, AND TS AND EXPENSES OF LITIGATION
RESULTS, IN WHOLE OR ]N PART DIRECTLY ATTORNEY OR VOLUUNTEE THEREOF, T'YAN ANY
NEGLIGENT ACT OR OMISSION ,OF CONTRACTOR OR INDIRECTLY, FROM ANY WHICH
OFFICER, EMPLOYEE OR AGENT OF EITHER,
ACTOR OR ANY SUBCO WRONGFUL OR
MAY BE LIABLE E OR ANYONE FOR WHOSE ACTS ANY OF THESE
WHERE SUCH LIAB�E ENGAGED IN THE PERFORMANCE OF
MISCONDUCT OF OR LOSS IS SOLEY CAUSED BY THIS CONTRACT, EXCEPT
THE CITY. THE NEGLIGENCE OR WII,I,F�
THE INSURANCE COVERAGE SHALL RIPPLY SEP _
WHOM A CLAIM IS MADE OR SUIT IS BROUGHT SEPARATELY TO EACH IN
THAN ONE INSURED SHALL NOT OPERATE TO INCREASE THAT THE INCLUSION OF MORE
LIABILITY. THE LIMITS OF
THE COMPgNyS
THE INSURANCE COVERAGE SHALL NOT BE SUSPENDED, VOIDED, CAN
IN COVERAGE OR IN LIMITS, OR OTHERWISE MATERIALLY CHANGED
DAYS ADVANCE WRITTEN NOTICE CELED, REDUCED
HAS BEEN GIVEN TO THE CITY. BY CERTIFIED ' Uril'ESS TT�tTY (30)
M�L/RETURN RECEIPT REQUESTED
THE INSURANCE COVERAGE PROVIDED BY
BE PRIMARY INSURANCE WITH RESPECT TO CONTRACTOR AS SET FORTH HEREIN SHALL ANY
MEMBER THEREOF, AND ITS OFFICERS, OFFICIALS ATTORNEYS
CITY COUNCIL AND
AND VOLUNTEERS. ANY INSURANCE OR SELF - INSURANCE RNEYS, AGENTS, EMPLOYEES
' MAINTAINED BY
TTY 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
•
Page Intentionally Left Blank
0
WORKER'S COMPENSATION ,
CERTIFICATE OF INSURANCE
WHEREAS, the CITY OF SEAL BEACH has required certain insurance to be provided by
NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy
or policies described below to the following named insureds and that the same are in force at this time.
1. This certificate is issued to: CITY OF SEAL BEACH, City Hall, 211 EIGHTH STREET, SEAL
BEACH, CA 90740 -6379.
2. The insureds under such policy or policies are:
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
4. Said policy or policies shall not be canceled, voided or reduced in coverage or limits of liability,
unless and until thirty days' advance written notice thereof has been served upon the City Clerk of the
CITY OF SEAL BEACH.
By:
Its Authorized Representative
ADDITIONAL INSURED ENDORSEMENT
• COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured ("Named Insured "):
Name and address of Insurance Company ( "Company "):
FY: 98.99 STREET SEALING PROJECT -674
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the "Policy ") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are
additional insureds (the above named additional insureds are hereafter referred to as the "Additional
Insureds ") under the Policy in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability
for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,
and no other insurance maintained by the Additional Insureds shall be called upon to contribute with
the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against
whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured
under the policy against another insured under the policy. All such claims shall covered as third -party
claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as
provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to -such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained in or executed in
conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured
and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in
coverage, reduction of limits (except as the result of the payment of claims), or non - renewal except
after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty
(30) days prior to the effective date thereof. In the event of Company's failure to comply with this
notice provision, the policy as initially drafted will continue in full force and effect until compliance
with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,
while acting within the scope of their duties, from all claims, losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior,
concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity,
construction, interpretation, and enforcement of this contract of insurance.
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
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 LIN[ITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions
relate to the above coverages. Includes:
❑ Contractual Liability
❑ Owners/Landlords/Tenants
❑ Manufacturers/Contractors
❑ Products/Completed Operations
❑ Broad Form Property Damage
❑ Extended Bodily Injury
❑ Broad Form Comprehensive
❑ General Liability Endorsement
❑ Explosion Hazard
❑ Collapse Hazard
❑ Underground Property Damage
❑ Pollution Liability
❑ Liquor Liability
12. A ❑ deductible or ❑ self - insured retention (check one) of $
applies to all coverage(s) except:
(if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check
one).
13. This is an ❑ occurrence or ❑ claims made policy (check one).
14. This endorsement is effective on
of Policy Number
at 12:01 A.M. and forms a part
1, (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
Signature of Authorized Representative
,19
(Original signature only; no facsim -ile signature or initialed signature
accepted)
Phone No.: ( )
• 0
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured ("Named Insured "):
Name and address of Insurance Company ("Company "):
FY: 98.99 STREET SEALING PROJECT -674
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the "Policy ") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are
additional insureds (the above named additional insureds are hereafter referred to as the "Additional
Insureds ") under the Policy in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured The Additional Insureds have no liability for
the payment of any premiums or assessments under the Policy.
1. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,
and no other insurance maintained by the Additional Insureds shall be called upon to contribute with
the insurance coverages provided by the Policy.
2. Each insurance coverage under the Policy shall apply separately to each Additional Insured against
whom claim is made or suit is brought except with respect to the limits of the Company's liability.
3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured
under the policy against another insured under the policy. All such claims shall covered as third -party
claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as
provided under the policy.
4. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained or executed in
conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured
and the Additional Insureds.
5. The policy to which this endorsement is attached shall not be subject to cancellation, change in
coverage, reduction of limits (except as the result of the payment of claims), or non - renewal except
after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty
(30) days prior to the effective date thereto. In the event of Company's failure to comply with this
notice provision, the policy as initially drafted will continue in full force and effect until compliance
with this notice requirement.
6. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,
while acting within the scope of their duties, from all claims, losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the - Named Insured regardless of any prior,
concurrent, or subsequent active or passive negligence by the Additional Insureds.
It is hereby agreed that the laws of the State of California shall apply to and govern the validity,
construction, interpretation, and enforcement of this contract of insurance.
This endorsement and all notices given hereunder shall be sent to Public Agency at:
Director of Public Works
City of Seal Beach
211 8th Street
Seal Beach CA 90740
0 •
7. Except as stated above and not in conflict with this endorsement, nothing contained
herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to
which this endorsement is attached.
TYPE OF COVERAGES TO WHICH
LB41TS OF
THIS ENDORSEMENT ATTACHES
LIABILITY
POLICY PERIOD
FROM/ TO
Scheduled items or locations are to be identified on an attached sheet. The following inclusions
relate to the above coverages. Includes:
❑ Any Automobiles
❑ All Owned Automobiles
❑ Non -owned Automobiles
❑ Hired Automobiles
0 Scheduled Automobiles
0 Garage Coverage
❑ Truckers Coverage
0 Motor Carrier Act
0 Bus Regulatory Reform Act
0 Public Livery Coverage
0
11. A ❑ deductible or 0 self - insured retention (check one) of $ applies to all
coverage(s) except:
(if none, so state). The deductible is applicable 0 per claim or 0 per occurrence (check one).
12. This is an ❑ occurrence or ❑ claims made policy (check one).
13. This endorsement is effective on at 12:01 A.M. and forms a part of
Policy Number
1, (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
Signature of Authorized Representative
19
(Original signature only; no facsim -ile signature or initialed signature
accepted)
Phone No.: ( )
ADDITIONAL INSURED ENDORSEMENT
' EXCESS LIABILITY
Name and address of named insured ( "Named Insured "):
Name and address of Insurance Company ( "Company "):
FY: 98.99 STREET SEALING PROJECT -674
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the "Policy ") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and
volunteers are additional insureds (the above named additional insureds are hereafter referred to as the
"Additional Insureds ") under the Policy in relation to those activities described generally above with regard
to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability
for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be
primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to
contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional
Insured against whom claim is made or suit is brought except with respect to the limits of the Company's
liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim
by one insured under the policy against another insured under the policy. All such claims shall covered as
third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as
provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnifica -don 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 8th Street
Seal Beach CA 90740
10. Except as stated above and not in conflict with this endorsement, nothing contained
herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions
of the policy to which this endorsement is attached
TYPE OF COVERAGES TO WHICH POLICY PERIOD
LIN[ITS OF
THIS ENDORSEMENT ATTACHES FROM/TO
LIABILITY
❑ Following Form
❑ Umbrella Liability
10. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO.
AMOUNT
11. The following inclusions, exclusions, extensions or specific provisions relate to the above
coverages:
12. A ❑ deductible or ❑ self - insured retention (check one) of S
applies to all coverage(s) except:
(if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one).
13. This is an ❑ occurrence or ❑ claims made policy (check one).
14. This endorsement is effective on
part of Policy Number
at 12:01 A.M. and forms a
I, (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
Signature of Authorized Representative
19
(Original signature only; no facsim -ile signature or initialed signature
accepted)
Phone No.: ( )
• 0
Bond No. B2766036 PREMIUM $1,615.00
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarded GUC K OURIRA' CN U A:ASH%LT M%MTIIlWE UavPANY
OF (ALIFU;kA, 1641 E. =ARE AVENUE, —
(Name and address of Contractor)
("Principal "), a contract (the "Contract ") for the work described as follows:
SIREET SM=
WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful
performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and LN= PA=C E\EU.W VCE CX1'MVf,
P 0 BOX 1230, VISALIA, CA 93279
,(Name and address of Surety)
( "Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and
firmly bound unto the Public Agency in the penal sum of SDUY--FUM 'lI -1SW, SIX HIUM FIVE
NID
Dollars ($ ), this amount being not less than the total
contract price, in lawfW 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 WTINESS 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.
• e
Dated: J[]LY 14, 1999
"Principal, Is
CLICK CCRPCRATICN EM: MOMLT PACIFIC CJ ANY
NAIlNPMNCE Oa -PANY CP CALIFORUA
By: P. %lA11, ATIIIt�VEY L�1
Its Its
By: 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.
RELIANCE SURETY COMPANY 0
INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duty organized under the laws of the State of Delaware,
and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are Corporations duty organized under the laws of the
Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of
Wisconsin (herein collectively called "the Companies ") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint
Donald P. Sharp, Janie Carmen, Betty Jo Peacock, of Visalia, California their true and lawful Attomey(s )-in -Fact, to make, execute, seal and deliver
for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to
the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the
Companies and sealed and attested by one other of such officers, and hereby ratifies and Confirms all that their said Attomey(s) -in -Fact may do in
pursuance hereof.
This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE
INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in
full force and effect, reading as follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS
1. The Boats of Dnm on, the President, the Chairman of Ue Board. as Sepia Vice Pe,aidem, any Vice President or Assarant Vice Prnident m mher orlicer designated by me Board m Dir mrs shall have
power and ambority m (a) appmint Atrmneyls) -I Farm and to authorize than m name om behalf of the Company, bolls all urdertakings, roeo I &ma, rnnnaem of indemnity and mher writings obligatory in the tame
thereof, and (b) m name any such Anomns) -in -Fed to my tittle sal revoke the power and amhmiry given m them.
2. Anomey(s) to F. shall have power all aminnity, sa*1 to be terra and limimtiam of the Power of Alm , issued m them, to execute sed deliaer on behalf of the Compsny, bomds and undertakings,
smmgniames, enmrass of indemnity all other writings oN igmen, in the mtue, thernsf. The omponae seal is rte nmessay for the validity of any bords all undertakings eeeognvanrn, emAmets of indemnity and other
wriungs mbliphary in the merne thereof.
3. Amamy(s) in -Fact shall have power ad eudimiry an e..te afifd -113 r toed is be a need to bands, rem,,mos era, mnmcp of iMemdry or other eondi atead er abligamry undertakings and they shall
War bane power and adman, no miry the nmm:id a asseas of the Canniness and to eopds of the By-Layni of the Company or any article m st>:t. dan em.
Thar Power of Attorney a sigrrd and sekd hnimBe undo and by authority of the ftllwing mandeicn adoptd by the Eaecmive and Fitness contentment of the Boards of Directors of Relic. Ins. Company,
Denied Pails: Imunme Company and Melia¢ Nuioml lndemoRy Conryany by U� somea damd u of Fomutay36,144V_ai33y that Eiawive and Fianncul Committee of fie Homo ofD'uecmn of lfaliince
Surety Cmrnpany by Unanimous Comm dated as of Mach 31, 1991.
'Resolved that the sigmaures of steels dirc.m and offian and the seal of the Company may l e affrad to any stselb Power of Anarocy or any mrifimtes relating themes by fasimlle, and as such
Power of Astmmy m anifrate beam, ssmh facsimile sigmmrm m facsimile seal shall be valid and binding upon the Company sal any suds Power so executed and wtified by femimile sigmams
and mestook send shall be valid and binding upon the Company, in the fume, ads rtapect to any boll as undla W irsg to which a is amcl cd.'
IN WITNESS WHEREOF, the Companies have Caused these presents to be signed and their Corporate seals to be hereto affixed, this April 9, 1999.
9va W 0*00
NPORal� hO D�ON�I ~wSF.ALm °s � °$FALe" < � ig 195822 lgnD 'yx BLOt>' D ,waa •`°a, ,fir P *�
STATE OF Washington )
COUNTY OF King ) as.
RELIANCE SURETY COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
On this, April 9, 1999, before me, Laura L. Wadsworth, personally appeared Mark W. Alsup , who acknowledged himself to be the Vice President of
the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as
such, being authorized to do so, executed the foregoing instrument for the purpose therein Contained by signing the name of the corporation by himself as
its duty authorized officer. It
In witness whereof, I hereunto set my hand and official seal. r�,
I C
3�1 ary Public in and for the State of Washington
w Residing at Puyallup
I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP-
ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and coned copy of the Power of
Attorney executed by said Companies, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 141H day of JIFY yearof 1
Er, wwawme ♦ my ptys wpFy
DSp,PO vo � faPOA7G �pPO '}. - /�
slant Secretary
as •z cpat`
a °era ^` ,�6' 4ara .° 7� • D i,.
• a • • • 10 1
''. " CALIFORNIA ALL-PURPOO ACKNOWLEDGMENT
ON
State of
CALIFORNIA
County of TULARE
No. 5907
On 7/1 before me, E • J • CARMEN, NOTARY PUBLIC
DATE NAME, TITLE OF OFFICER - E.G, -JANE DOE, NOTARY PUBLIC -
personally appeared DONALD P. SHARP
NAME(S) OF SIGNER(S) '
® personally known to me - OR : ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and ac-
knowledged to me that he /she /they executed
the same in his /her /their authorized
4 E.J. CARMEN capacity(ies), and that by his /her /their
V. - -�
Q COMM. #12231N signature(s) on the instrument the person(s),
NOTARY PUBLIC -CALIFORNIA
PRINCIPAL TULA E OFFICE IN or the entity upon behalf of which the
TuuRE couNtY .�
to MYComrdsslon Exp. June28,200.9 person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
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 of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER.
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave, P.O. Box 7184 - Canoga Park, CA 91309 -7184
PAYMENT BOND BCM #B2766036
(LABOR AND MATERIALS) PFaqum ECUM) IN
PERFUZPNM B=
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarded to CHICK OaTORATICIV I A:A%11Ai.,T M0ZEW CE Oa4YMY
OF CALIFUNIA, 1641 E. 'I[IAM AV1N]E, VISALIA, -
(Name and address of Contractor)
("Principal "), a contract (the "Contract") for the work described as follows:
S= SFALm
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.
NOW, THEREFORE, we, the undersigned Principal, and _LN= PACIFIC MRkNM Ca+M!�Y.
P 0 HOX 1230, VISVZA, CA 93279
(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 SIMY -FUR TMLU*D, SIX HJCMD FIVE
Dollars ($ xxxxxxxxxx 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 California Civil Code, or any amounts due under the Unemployment
Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to
be deducted, withheld, 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 California Civil
Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In
case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'
fees in an amount fixed by the court.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder,
or the specifications for the same, shall in 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.
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: JULY 14, 1999
"Principal, 64Surety"
CLICK MUCRATIGM I33A:A -'R T L,.�ACIE�C Ii�AI�ICSI�IPI�%
/
Ma il I
(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.
�. U IMS td'L:t.MlS lJ1!• D O (ti 'i� Q 0 0' D• 0
pp,,, �gyp, __ 1• __ _ - �__` -�-i �, _ �-
` . ""il'ii4'NIYF'.Y _ ��e' �.•' C+'kF_ 'Jn �.` YA J�[rl I. ,, ,dL '�i
RELIANCE�SURETY COMPANY,, -•, c j�F " , t4 •, ELIANCE.INSIS NCE(COMPAN. _
•r'- s. .v.. <'r- .s,KP:I`,, ,.i[,A- u,sti'i�,. ', <;: ~� •i''ra? �..�+,; v_ -, *'�'• } "1 -e .� ` 'St' x.','r,tA:, �.•'"' t-- '= �:.:;• .a ,
`UNITED:PACIFIC'INSURANCE COMPANY' •�' -- ��� `_ �,� RELIANCE; dNATIONAL ,INDEUII_NITY,COMPANi_f`:.•
3:: vy • „g'3 a �- r ;• �,+r ., s �,I�.y_•, w e/1 1'.s� t ) f . X Vie.
s?< -- _ ' ,;., :,' , ':' ,xa;ly'�'�4�!�, •,N. "F•rt t5 :. : t" r�'� ,�' '•�-�
�- _ ' '!� ADMINIST TIVE ;OFFICE, PHILADELPHIA, PENNSfEV-ANIA" : '
- .`� �_ _ i,,: ;.••'yd+� N '' 'y..''i��1J�i�f'�;,�r+ •.r,'..�n'�'�p}`y,4'�4.: ; ��',,1y-�F�j* r I n5...?' �� • . �~ ,���; F_ _ -
- - `=_Y •, j1 ; 'N},,,�IG' �"`+�7�+'rIfF _ ., iffws'",$"e��'• ��'� q• � - - -°,V•
;, aw ,'y' dti; + *• P- MER'OF.; ATTORNEY` , ;
Y "t�` } "Y j+.`r'.,ta r. ^+•, tij3;r�w,� `,yid 4i• q +£r
•:1'� 15' tti' x °, t••�•, •a• ",.. ; .� .''''` "', ';''' - •�: . 'j ,•'` yV, Lc�,. err,. a 'i s ,�Nrn:� r ,,,,,,'4 �, 3 i, .�<
KNOW ALL MEN BY NT,HESE ,PRESE,NNTS'; -that RELIANCE, SURETY COMPANYa sma' corporation=d ly orgasnaed under the.laws of the State of Delaware,
and FIhat R,IANCE, INSURANCE COMPANY[arulUNITEDPACIFIC INS "U,RANCE Crt^�MPANYr; are��rppraborlsYduyorga uder_eslaws,of the
A. •t t ' "' 'g5pltp,' : t I +' a, • wRY, a^ :•: fl ,,r'
Co Unwealthy .ennsyNama'1,a#n„d tliat�R L'IANCaE�NAT~IONAL;I EMN rlTlY CyOMPI NY, is „a � rpo aitltlo �duy organized nder t aws of the tat of
WISCOnsime(he�relMrl, Wdively''called�q"the Compa�n, "rep s't�ya� nd; that t�hre Corripa sNy by, virtue�of signature and�se�a s�do Here y _make, nsUtute and app mt'
�DorialdY't?. Sharp,MJanle Carme JynJ; Betty;, Jo, lseacock�oitYisallasCalifomia•, their tine and�lawful Attorney(s)rin*tct,j o,make�:ezecute, s al andrdelner
k for and�9Tthdir;betiaif,;and as >tFleir;act and,deed arty and all:bonds and,undertakfri s-af suretyshlpiaridto bihd the:Compames therebyas fulli and to
;:theme same ant. a's•a,�suoli�bonclsTandN;ynderta kings:.and� otl)er writings -o ligeto_rri,in.-the_ nature there f were signed •Dy afl EXq,utrve Offi cer of.the' % Companles-and�s'ealedzand attesbtl” by „one” ottier;of such officers; and he`n:by thaw a_nd4confiims all= thatattieir . said, .Attomey(s)� -in' -Fact may do+rina
>r wlrl 'H, �, J��n,11T G; sr',r,' : ?yd ;,•' �,a.:�'• }h; c - ' " �G
pursuance °hereof: `�1J�I' aR _ d ,,.
� , •.at)' '. d. , '`+' ' _�• �-
This=Power of,Attomey is`•greined underand b I'tIm autho ' df., ide; IIF.bf the -6' Lawsroft,RELIANCE SU �ETY,COMPANY;,REUANCE�
i ;h d p
• ,, Y MY' . Y old; ,. P a: as'bluFltdr,'aYNIN t
INSURd4NCECOMPANY; UNITED PACIFIC I_NSURANCE.,COMPANY, and;REL1ANCENATIONAL• ":INDEMNITY COMPANY which,provlswns.are now in.
fullrforoe'and "effect. readin as'foliows: T� ;•x,: <[.: = J a,' �' r' _
:s, " ' ', =" • J t. 9% ;y,; 4y, 'x'3:' }Y •:•a: yt`: i'�.: 7 ri y ;� ^ x p °•,rF' :. `�' 3�� ,a
J':d' UN ''q . ° 'I '�iti'',� �"`$; ,i 's."s•.' .A:r✓:.. - 5. l:x'• '..�,' �1 I r' 'f ,,{ ,y `i y'
ARTICLE Vii EXECUTION OF 801�DS'I'AND'UNDERTAKING_ 5' r•; ia.
�' a>:..',� '•'' a e.- `','r -� {�''��.'I',,s'w�''1 y;'1�„ `,I�, •,lr N•r+' - ' "s: ''� '*
1 71te Dheetots the PraWetd the Chavmao of the =Boardl my SenNOr _Vice�Pmidem my +Yta Presto ttt a Asaarmta Yim•Fre ident or odNer'blitcer ah'sigaaM byihe -Board of_Diracmrs sMll'.haver
wek•., n e - r_. - -x -t:� EJNr. n' '4^Nw NAI'I'M %� Y.mW' a a d,v+' NF w ",r ! 'rE-�- - — s: -.,c.
pmyagr and mthgzityrto (� aoiot Atiaoey(s }io-Fatx atd oo'mthortu them`oo�esecute � behalf of;dte Compaoy� tioods md'onderWunpt;'reedgoiaaotYSf 0loo�t� � indemnity =Jiad oths writ�t��oM�igatary`in die'oature '
'S' 4 w p •asp ¢- a Y v,%t 7^ S,+ w ^• . ,;; y"
thcmar,,and (b) to'remove aW.stidh'Amx`acy 7zWgFactar -eny tune sod ievbkeihe power anti autltwity'glJeo roiAeu%• ✓ _ ' 1
�,'.' s ,'�,'''rS1'�yP} ", " %1'Rk x, �id ak re •tm;, a• eti:<, rat+ �(' ?s •�''•S{'a'rt'�,yt�•iw'ai'�,.j", ,gin• d• eb't+yi'S,^,9• kM< " •g.y � J'., ,rier- >v a ., '..- r„ rc
e ;)y2 ADaaey(s) ip- shall have power a mthority, sutiject oo•the terms aad,limitatift of the_Power•of ^AamtNey'isslJed io them, `to antantte atd deliver on tirbalf ofilrc,ComlNeny, bwds and undettakiogs d: ti
"uWhifll''.es +Na 12• +hwl" ^� ,�wrr uh�d „ti ^,wu n•., s, <";• rmu^ ,s :-,r $- dlrc.- J;t ,.* a.
acngntaancam; corarsctirof9mdethidty Jind otlierJwriti :obligatory,8ia "dte mluteatherwf. J73e'Ifioiporate sesl:u pot 'nxessary'for_ fheyalidity bf 8ny_bonds and undamkiitp�t sa%gn of6momanily "end ctLer
ritt�i 6tiligeioiy�'in tltat"mtiue th"eof t lr� ° d t a 4 - ! f' "' n td $� t
'�„ q . r I' ttiU r r.?.M S.. #.'%
,"^Ydl•,'G'�rM4�` i .' ",y y' P;P %! ^' ,5�iu ' , [�' �"�,.'. ' �I"� sy ��
Faet`sha116eve�"V and authority m to ufatnu requited tb be'snaclied to ponds; recogaizaneea: mnaaw of_.Ril pity a -atia cow ditiwml pr obligatory undertalcings,end they ahsll
.T•• W dwyY "RJ 1AMM 1 .a'T / 5 NY wyp �.yn. +'.I'�JIN,�n• g, -�Ma•. f3 3' , A ,�
yt �/��, ro eatllj Ahe'fu3ucter �tstentnti of ehe Gompany;,aodyto Yw..p tt6e By; Lath ,of dte Company a asy stick err section ttiaaeof '= ,` �
.Td. • , ✓"�:"dtilr i i�" ": -a'R; NrI .,.• a rt�"`",�'' ..- +.�,".1�.
This FOwQ`Of �T �° stgoed gad sa ela d'by fatsimtle'undv aed`by'audiority- ofihe` followkw1r d1utimi Sdopied by thC,Eaeeutive and Fiosox`Coounhtw of the Boards of Duaoota of Relnts a :Imtitmee Cmopany.
Uoited Paoific'.!grnce�-Com w and- Reliaox,Nati� iel mdty.Coza any by oanunau mem as o F uu'sw mJ - sects= ofReTisnoe l
Y'C Y by �, [ "imoos C�oIImmis diced b of li4uc6 31, 1994 J a = .
za• ` �Reeolat%„d tbat,�'1,die''Mon�tra'of,� dtr mts`a `oftiars a�itha sleal�of rh Comp'any may be ffoeed to sny,.su� Power d Atmtdey'ot a� aettiflcases telating theteto-by faaimile, and -ury_st�h- -
+, Parr }of Aroq.._y, ircuafas se beartmg -sue6 faesimik atgmoue>N�_faesmtk =sal iiiall =6e validFtindybi"adtng upoa""t"tLe Co'ngiany °ad aiiy;auehl'Ibiva% esecumd aod''aa ified tij fsrsimil:s'gmtwtx a '
q NI IA: N•wl W a 0-t +..€"L. §mot �_ °�- '"NflIM •InAN T.J'
j'arid,5yf68TCy51011e aeattahatl'dbe V81 Bad- b10d111g I�On- fhe'COInp811y> m�Ihe�11mIC VI•ltb feapECt LD my b011d'i0r Illa�af181[I�Ipg��10'Wr11iyK`ii -
.I'MN;`.•,d "•,urf,'I,'la ,k�I YSG,S'li.l„'h'r. i : ^�,�- '.'4,5t.-- �.-1'� *,r ,.''� a �'E f,�'4 IG'p sF N �' •�'`�• ,aT�, a _
i 14 tFIIP,p6'° .T ,J` y i 3, > z :. H'`•Fc� �,,.. - -„ fe'1-
:IN IIVtTNESS WHEREOF,,6.toinpanies,ha, causeii these presents1 be signed'arid:their corporate seats to`be-hefefo alfte0this Apri19,;1999:
'. .rwar_ •- ,'a9 '�„ 75Yar •'S, sia"" I,r,: 7 a` i,!"" 4 n,,i, •. "� ,f-^
`�T�� �'� �''�i '`' F `� - "*;ti :^ G��,"RELIANCE�,S,�RETY COMPANY); ',
'•[ +� { L il,€ rtF:£ww .t I, n +• a•" ,K �.'.''
” REL ^IANCEflNSURANCE COMPANY
•' -3e *i3 � ycr te" W� , wtri �' - -.q , - __ ter, r• d Ilp na.d,w- Aq, IG.� =`
UNITED PACIFIC INSURd4NCE•,COMPANY,:
.i aT, O.r� l• o' dP iiYY t7rei9Pr' � ? _ _ 'ti1'w, ,. ,,n•I.i, yw�.
• P4-<[:. ^rdw'I Nr [m uN• ,
y `�SEALa1�r a'• " : RELIANCE'NA' ONALIIVDEMNtTY.COSP W_y�PANY
- <OJt'iot•1L� 2` h j� i, "Y' G G ;� i7-i• i9•"rT 9':� O 'J A ,T t'>', ,••iP.,y� J
6� 4 e ,ti ,`ro' sj iS; �" e �• �y Z� isC. ♦ P •y ;-�,, r,i•ci `I',n L>'. G�•b':,.}. '�j- �.'r' �, `r, %aF .. '.
' �;` 'aaa.,NnNT,fir •�'�'�''�vdo`¢ '•',i.�a� �ranvt�r, d,�3•'s�YS,��z�:��•,a•�_ •;ova.: •g.:%'�� k'� . ,e .. 9;., .: r �;aw ` J _ �4 °;, , 'r,•d.•✓'• - �„ - J
'm,'y�•',I L^ Yv,l 'E� "P "I' t, �Cj= - t,` - ' •FS - s _ - - ~`�:P.�, `r: ,>, ,, >" l r j' .np„ `.anr� ; -•rIty r dl�,i1' _ Ir •>f ' .h
�t >'''J DIr1 4 �:f'�'k.. _` •'r; t o � t �R ^', ,r✓i 45..../�. ,�aVkl. %w V5� pS I
STAI�,QF,Washlrigton ',} `. - �� -_ _ 5�:= <. �, _ - d • -�;. ',,' + ; w.', ,�.T� ,.I, I�y T;� ,yly� y .a G.
Nq •, . };� m •�sl'n ,ea, 3: _�.�.� fi �` >v,,'',y, ",�, • +? Sc'. .,� '1iI r l R.> J .
CQUNrIY�OE in? }•ss:1
•�, •�'"N t. ;•.• - f w �,.t 3;.:" --,°Y �i > ",' I ,+. sw•ry g a [;.N•, �i
^•'A''G1;`y• n „;' *' S'.,, .s .S ti a, [u,a' •j - '3 •. ,'= - b , z
On.thls,` +April 9; 1999; tiefore[rrle„ Laura *L'•Wadswortti;',,personally appearedsMark W: Alsup ;;inrho acknowledged himself;to;becthe vice:President of
tt% Relian Surety CompanygReti�an"ce' Irisuran ce Corripariy,; Un�Ited'Pacific.Insu ce Company;?and_RellanceyNationa�� Indemnity Cornp>snyFand hat__l�aat�ss! > ;
such;�bemg; authorized to= do;so, executed;the foregoing instrument” for, the` purpose _therein- contained= byAsigmng:the name of theLcorporailofty hlmselF ras "
it's, dory aiith�nz�offio•�'e�r'�.♦, -� '�' ;; '^ I r�. � - :,�_. --•� �,j�;
- .a, x: •a��. '_ � F••,t�N NII,ItIdt`v�` d. •�.. 'h •• � ali'�'•mN, r+°. _ '. _�.._ -�'� _�''',,+ I .' =" ^L i,I' �r wN, '
- In,wRness'whereof, lihe Dun to set, nyband a nd•of8ctahseal:';
ay- e�."•y'r`•r.:.,�a.�T. 4., }a+ra. `•: "'? .Si'>"5i '�`SC['u''^+"�•a� :a't�d '�l': IWrM� ,'r'i, i.i '�.a ~3„f •�ti •tea, '•• t :,+r.�.,
♦� >' • , j •; `ttt, \S `W. -�,': ;�,�� tC•), ; n, f;�,a�xS:•,•'j w �y; ,•`s�'i,,�dgH. ; , • p. �a�'� : f- , , •'� , - i r 3•, ' t
iii,' = ►Warty/ iit9, . cr _ �;'°
.IPubltdlin'�"` V for heState _of Washiegton`= 2. M'7'^1t 5rv'a'[th! - -
r + c 'Residing, at {Puyallu
tl, R6byn Layng; Assistarit'Searetary „of RELIANCE SURETY�GOMPANY; RELIANCErINSURANCE COMPRl,NY UNITED =PACIFIC-- INSURANCE =COMP -
t<,,.. , u �., ha, In v a; wwf >< ,z."ill%,ry,E•'. 'J,rldl' ') •�a4s
}' ANY;•;arid RELIANCE AIATIONAL `INDEMNI,TY COMPANY do Hereby, certify; that the above and foregoing, is• a true and .correct copy: of`tha -Power lif
q , '4• r,- •tt,.;,,.r• P' fr�G: i ^S Pr "gift -Y :1— `y :`+•� •- s
Attorney,ez_ectiod�bytiikCo'm” 's; which „is still in full force and;
RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY
UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duty organized under the laws of the State of Delaware,
and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the
Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of
Wisconsin (herein collectively called "the Companies ") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint
Donald P. Sharp, Janie Carmen, Betty Jo Peacock, of Visalia, California their true and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver
for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to
the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the
Companies and sealed and attested by one other of such officers, and hereby ratifies and confines all that their said Attomey(s) -in -Fact may do in
pursuance hereof.
This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE
INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in
full force and effect, reading as follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board a Directors, the Presi,ent, the Clayman of the Board, any Senior Via President, any Via President or Assistant Vice Presdem m other officer designated by she Board of Dyccmn shill have
pm v aW authority m W appoint Anorney(s)- in-Fact tom to auNOrix them to evacuu on behalf of the Company, hoods oral undertakings, recognimnres, consomme, of indemnity am other writings obligatory, w the msme
thrroor. am (b) to remove any such Awrney(s) -in -Fact ar any time all revoke Ne power and authority given to drem.
2. Anaay(s) -in -Fan shall have power and ambaity, subject in the saw and li outtu m of the Powa of Anorney unuM in them, m esxme am deliver on Wulf of the Company, hoods am uMersakings,
«cogniemes, tuna „• of indemnity and other oatury obligatory, in the nature thereof. The corpone seal is not naessary for the validity of any bonds and uoderukings neemim anco, contracts of mdemnity and other
wrmnga obligatory in the nature therm(.
7. Attmmy(s) in -Fan shall have power and authority m aecum affidavits requined to be muchad m hcrab. nec,d.. woven of intensity Of offer comnional or obligatory undertaking; sod they shall
stn have power and authority to certify the Bnmecial sutemem of the Company and on conic of We By Laws of the Coconuts, or any article or section thereof.
This Powe of A9mmy b signed and tussled by fa ainde tmdar and by authority of the fallowing resolution adopted by the Eaecutivm and Finance Commune of the Boards of Dacctnn of Reliance Imuraoa Company,
United Pacific Iromana Company and Reliance National Immo ms, Company by Unanimous Camomm dared ro of February 29, 1994 and by the Esectai, and Fimvcul Ca..eme of the Board of Director of Release:
Surety Contrary by Umnirmm Common dated as of March 31. 1994.
'Resolved that the, sigmtaw of such diameters anal ofBars and the seal of the Company may be affueet to any such Power of Atmrney err any certificates relating Nerew by facsimile, and any such
TO. of Atmrmy m certificate bearing Inch faeimile slgnamw or facsimile seal shall be valid and binding upon the Company and any such Power so eseamd and anified by facsimile signamw
end faaimila sal shall be valid and billing upon the Company, is the to. with respect to any band or err duuki, m whiff it u; amrthed.'
IN WITNESS WHEREOF, the Companies have Caused these presents to be signed and their corporate seals to be hereto affixed, this April 9, 11999.
RELIANCE SURETY COMPANY
u.ara .w^`"ce a aangwa Pµ tboe RELIANCE INSURANCE COMPANY
i• °put o,p� ^ °= fp n� °PP °qp o . °�wvon��'� UNITED PACIFIC INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
14195922
� 's +S pq s, �! S9E2t S2 �cotf a
STATE OF Washington }
COUNTY OF King } ss.
On this, April 9, 1999, before me, Laura L. Wadsworth, personally appeared Mark W. Alsup , who acknowledged himself to be the Vice President of
the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as
such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as
its duly authorized officer.
In witness whereof, I hereunto set my hand and official seal.
Jary Public in and for he State o
w Residing at Puyallup
1, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP-
ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of
Attorney executed by said Companies, which is still in full force and effect.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seals of said Companies this 14TH day of J= year of 1099 .
z• °PP° ' °� �yg a a °PP °qtr � ti0• °PP °gs•JWi
,age ! � ,aza f >y�fs�Na;�r A istant SeLxetary
I
CALIFORNIA ALL- PURPORACKNOWLEDGMENT
•
State of CALIFORNIA
County of TULARE
On 7/14/99
before me, E. J. CARMEN, NOTARY PUBLIC
DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE. NOTARY PUBLIC-
personally appeared DONALD P. SHARP
NAME(S) OF SIGNER(S)
No. 5907
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and ac-
knowledged to me that he /she /they executed
the same in his /her /their authorized
• °M E.J. CARMEN capacity(ies), and that by his /her /their
COMM. #1223136 W
m ® NOTARY PUBUC-CALIFOFMA CD signature(s) on the instrument the person(s),
m PRINCIPAL OFFICE IN Z
TULARE COUNTY or the entity upon behalf of which the
..on My COMISsIon Exp Jum 28, ZOOS
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
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 of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER-
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave, P.O. Box 7184 - Canoga Park, CA 91309 -7184
Jul -12 -99 04:55P Insurance Office
559 896 0726 P -01
ACORDM CERTIFICATE OF LIABILITY INSURANCE
DATEIM11999
07/12/1999
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
STEVE 94NLUM
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
MCY INSURANCE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3400 NC CALL AYE 1214
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
Seim. CA 93662
209- 896_ -_2782
FIRE DAMAGE (Any one }ireA
INSURED ASPHALT MAINTENANCE COMPANY OF CALIFORNIA
INsuRERA SUPERIOR NATIONAL INSURANCE COMPANY
- --
1642 E. TULARE
INSURER B
VISALIA G 93277
—_ -_
359 -627 -6946
INSURER C
IS -
INSURER D. _
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY R£OUIREMENT. 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
Tp TYPE OF INSURANCE POLICY NUMBER POUCYEffECTIVE POLICY EXPIRATION
LIMITS
GENERALUABILITY
EACH OCCURRENCE
S
COMMERCIAL GENERAL LIABILITY
FIRE DAMAGE (Any one }ireA
5__
I� CLAIMS MADE 1 OCCUR
MED EXP An) one person)
5
—_ -_
PERSONAL 8 ADV INJURY
IS -
_
GENERAL AGGREGATE
j5
GEN'L AGGREGATE LIMIT APPLIES PER
PRODUCTS - GOMP,'OP_AG_G�
5
POLICY, PRO 7 iLOC
—
•_ AUTOMOBILE LIABILITY
NGIE LIMIT
b
ANY AUTO
(Ea AccidenDu
ALL OWNED AUTOS
I BODILY INJURY
SCHEDULED AUTOS
(Per person)
b
HIRED AUTOS
BODILYINJURY
NON -OWNED AUTOS
—
der acc'eanb
- ----
b
--
PROPERTY DAMAGE
b
(Peracc,&nq
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
S
- • — - - -•- -- —
ANY AUTO
—
OTHERTHAN EA ACC
b
AUTO ONLY AGG
$
EXCESS LIABILITY
EACH OCCURRENCE S
I OCCUR I CLAIMS MADE
AGGREGATE b - - -- • - - -- --
- -- -
i DEDUCTIBLE
— -
b - -- -
RETENTION S
I
_—
I
is
WORKERS COMPENSATION AND
WCSTATU- ;DTR
X I TORY LIMITS ER
EMPLOYERS' LIABILITY '
I
_
E L EACH ACCIDENT Is 1.000 000
A i/PG 43697 -C
20/01/98 IO /OI /99
EL DISEASE_ EA EMPLOYEE 1 1.000,000
E L DISEASE - POLICY LIMIT S 1,000 000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
ALL CALZFVMZA OPERATIONS MITHIB THE POLICY LIMITATIONS
\rCRI1rIVNIC nwLIjr-n I ADDITIONAL INSURED; INSURER LETTER: GANGELLAII10N
SHOULDARV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
Cm OF SEAL REACH
CITY HALL NOTICETO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHAH
212 EIGNTH STREET IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
SEAL BEACH, CA - 90740 -6379 nanneeeurw -.
Acnwn 94-4% n/on
c� AnnRn f`nRPelRATInN IORA
0 0
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
ASPHALT MAINTENANCE CO. 1641 E TULARE AVENUE VISALIA, CA 93292
Name and address of named insured ( "Named Insured "):
PENN — GENERAL INSURANCE COMPANY P 0 BOX 1230 VISALIA, CA 93279
Name and address of Insurance Company ( "Company"):
FY: 98.99 STREET SEALING PROJECT -674
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the "Policy ") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are
additional insureds (the above named additional insureds are hereafter referred to as the "Additional
Insureds ") under the Policy in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability
for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,
and no other insurance maintained by the Additional Insureds shall be called upon to contribute with
the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against
whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured
under the policy against another insured under the policy. All such claims shall covered as third -party
claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as
provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained in or executed in
conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured
and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in
coverage, reduction of limits (except as the result of the payment of claims), or non - renewal except
after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty
(30) days prior to the effective date thereof. In the event of Company's failure to comply with this
notice provision, the policy as initially drafted will continue in full force and effect until compliance
with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,
while acting within the scope of their duties, from all claims, losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior,
concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity,
construction, interpretation, and enforcement of this contract of insurance.
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
• 9
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.
i
TYPE OF COVERAGES TO WHICH POLICY PERIOD LMTS OF
THIS ENDORSEMENT ATTACHES FROM/TO 02/15/99 - 02/15/00 LIABILITY $1,000,000
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions
relate to the above coverages. Includes:
Contractual Liability
Owners/Landlords/Tenants
N Manufacturers/Contractors
N Products/Completed Operations
9 Broad Form Property Damage
i; Extended Bodily Injury
Broad Form Comprehensive
0 General Liability Endorsement
�J Explosion Hazard
31 Collapse Hazard
31 Underground Property Damage
Pollution Liability
Liquor Liability
El
12. A 14 deductible or ❑ self- insured retention (check one) of $ 1 000
applies to all coverage(s) except:
1. (if none, so state). The deductible is applicable ❑ per claim or 9 per occurrence (check
one).
13. This is an N occurrence or ❑ claims made policy (check one).
14. This endorsement is effective on 02/1 5 99 at 12:01 A.M. and forms a part
of Policy Number CPP 1199322 -00
I, T)nn .1ig3M (print name), hereby
declare under penalty of pe6ury 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.
o
accepted)
Phone No.: ( 559 ) 7-34-9946
, 1999
gnature or initialed signature
0 0
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
ASPHATT MATNTFNANCE CO. 1641 E TU ARE AVENUE, VISALIA, CA 93292
Name and address of named insured ( "Named Insured "):
PENN — GENERAL INSURANCE COMPANY P 0 BOX 1230 VISALIA, CA 93279
Name and address of Insurance Company ("Company "):
FY: 98.99 STREET SEALING PROJECT -674
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
Insure(&") under the Policy in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for
the payment of any premiums or assessments under the Policy.
1. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,
and no other insurance maintained by the Additional Insureds shall be called upon to contribute with
the insurance coverages provided by the Policy.
2. Each insurance coverage under the Policy shall apply separately to each Additional Insured against
whom claim is made or suit is brought except with respect to the limits of the Company's liability.
3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured
under the policy against another insured under the policy. All such claims shall covered as third -party
claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as
provided under the policy.
4. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained or executed in
conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured
and the Additional Insureds.
5. The policy to which this endorsement is attached shall not be subject to cancellation, change in
coverage, reduction of limits (except as the result of the payment of claims), or non - renewal except
after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty
(30) days prior to the effective date thereto. In the event of Company's failure to comply with this
notice provision, the policy as initially drafted will continue in full force and effect until compliance
with this notice requirement.
6. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,
while acting within the scope of their duties, from all claims, losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior,
concurrent, or subsequent active or passive negligence by the Additional Insureds.
It is hereby agreed that the laws of the State of California shall apply to and govern the validity,
construction, interpretation, and enforcement of this contract of insurance.
This endorsement and all notices given hereunder shall be sent to Public Agency at:
Director of Public Works
City of Seal Beach
211 8th Street
Seal Beach CA 90740
0 1 0
7. Except as stated above and not in conflict with this endorsement, nothing contained
herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to
which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD 02/15/99- 02/15/00
LIMITS OF $f,000,000
THIS ENDORSEMENT ATTACHES FROM/ TO 06•/28/99- 02/15/00
LIABILITY $1,0009000
Scheduled items or locations are to be identified on an attached sheet. The following inclusions
relate to the above coverages. Includes:
❑ Any Automobiles
❑ All Owned Automobiles
N Non -owned Automobiles
N Hired Automobiles
N Scheduled Automobiles
❑ Garage Coverage
❑ Truckers Coverage
❑ Motor Carrier Act
❑ Bus Regulatory Reform Act
❑ Public Livery Coverage
❑
❑
11. A ❑ deductible or CXself- insured retention (check one) of $NONE• ' applies to all
coverage(s) except:
(if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one).
12. This is an N occurrence or ❑ claims made policy (check one).
13. This endorsement is effective on 02/15/99 at 12:01 A.M. and forms a part of
Policy Number BA 0264547 -00
I, Don Sharp (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 07/14 .19 99
Signature of Authorized Representative
(Original signature only; no facsim -1 signature or initial ature
accepted)
Phone No.: (559 ) 734 -9246
t