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HomeMy WebLinkAboutAGMT - Golden State Constructors (2011 Concrete Repair ST1107)RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE 2011000378604 9:47 am 08/03/11 217 Sec4 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 — 8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on June 27, 2011 The work was 2011 Annual Concrete Repair Program Project No ST1107. 6. The name of the contractor(s), if any, for such improvement was: Golden State Constructors, Inc. The date of the Contract Award was March 14, 2011 7. 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 follows: APM 199 - 103 -03. Date: Director of Public Works, City o eal Beach Signature of owner or corporaW officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on ' TyI (( , 2011, at Seal Beach, California. (Da a of ignature) Director of Public Works, City of t I Beach . • • PUBLIC WORKS AGREEMENT FOR 2011 ANNUAL CONCRETE REPAIR PROGRAM CIP NO.ST1107 between •t� SEAI gip ..... s c L, A City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Golden State Constructors, Inc 6162 Galipean Drive Huntington Beach, CA 92647 714.625.8758 • THIS AGREEMENT is made as of March 14, 2011, by and between the City of Seal Beach, a California charter city ( "City "), and Golden State Constructors, Inc. a ( "Contractor "). 1 of 9 • • RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the 2011 Annual Concrete Repair Program, Project No. ST1107 ( "Project ") with respect to design criteria; and B. WHEREAS, Contractor has submitted a bid to City for the Project dated March 3, 2011 in the amount of $107,970.00 ( "Accepted Proposal" hereinafter). The Accepted Proposal is attached hereto as Exhibit G and contains, among other things, provisions defining the Project scope. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: AGREEMENT 1. Contractor's Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Agreement, Contractor shall perform and complete in good and workmanlike manner all work ("Work") required by this Agreement and The documents - listed - in Subsection 1.2 for the Project. 1.2 Contract Documents. The "Contract Documents" that comprise the agreement between the City and the Contractor are the: Notice Inviting Bids, Instructions to Bidders, Accepted Proposal, Non - Collusion Affidavit, Bid Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms for Check or Bond, Specifications, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, this Agreement, Exhibits attached to this Agreement, including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers' Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Agreement. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 2 of 9 • • 1.4 In the event of any material discrepancy between the express provisions of this Agreement and the provisions of the other Contract Documents, the provisions of this Agreement shall prevail. 2. Effective Date. This Agreement is effective as of March 14, 2011 (the "Effective Date "), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 3. Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of $107,970.00, subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 4. Contractor's Personnel. __ _ __ __ ____ _ ..._._..___ .___ .4.1.. __...AII. Work_shall be performecL by. Contractor. or. under Contractors. __...._ _ _____ . . direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law and by the Notice Inviting Bids /Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of city officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and 3 of 9 • • all taxes, assessments, penalties, and interest asserted against City by reason of the work performed pursuant to this Agreement. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Indemnification. 5.1 Contractor's Duty. Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees ") free and harmless from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim," collectively, "Claims "), in any manner arising out of or incident to the performance of the Agreement, including without limitation, the payment of all consequential damages and attorneys' fees and other related costs and expenses. Further, Contractor shall appoint competent defense counsel, at Contractor's own cost, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of the Agreement that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Agreement. Contractor shall reimburse the City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable. 5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1, Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any bid protest. 5.3 City's Sole Negligence. Nothing in Section 5.1 shall be construed to require Contractor to indemnify Indemnitees for that portion of any Claim to the extent arising from the sole negligence or willful misconduct of the Indemnitees. 5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 4 of 9 • • 5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. 5.6 Survival. The provisions of this Section 5 shall survive the termination of the Agreement and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the lndemnitee's right to recover under this indemnity provision. 6. Insurance. 6.1 Liability insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subcontractors. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor . .. . shall. complete and execute the following documents attached as Exhibits hereto and __ incorporated herein by this reference: 6.1.1 Exhibit D -1: Additional Insured Endorsement - Commercial General Liability. 6.1.2 Exhibit D -2: Additional Insured Endorsement - Automobile Liability. 6.1.3 Exhibit D -3: Additional Insured Endorsement. 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured — Owners, Lessees or Contactors (Form B). 6.2.4 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 5 of 9 0 • 6.2.5 Professional Liability insurance. Unless the City waives in the requirement for professional liability insurance, Contractor shall provide to City the standard form issued by the carrier. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 6.3.3 Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. 6.4 Deductibles and Self- Insured Retentions. Contractor shall inform City of any deductibles or self- insured retentions except with respect to any professional _ liability insurance. _ _ _ 6.5 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.5.1 City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. 6.5.2 For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self- insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it. 6.5.3 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6 of 9 • • 6.5.4 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. 6.5.5 Each insurance policy, except for any professional liability policy, required by this Section 6 shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. 6.6 Acceptability of Insurers. insurance is to be placed with insurers with a current A.M. Best's rating of no Tess than A:VIII unless waived in writing by City's Risk Manager. 6.7 Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 7. Liquidated Damages. Should the Contractor fail to complete the project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $ 750 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Agreement. 9. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's 7 of 9 + • . regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211 -8th Street Seal Beach, California 90740 Telephone: (562) 431 -2527 Fax: (562) 493 -9857 With a copy to: Public Works Director City of Seal Beach 211 -8th Street Seal Beach, California 90740 If to Contractor: Golden State Constructors, Inc. 6162 Galipean Drive Huntington Beach, CA 92647 Telephone: 714.625.8758 Fax: 714.625.8295 Attn: Ronnie D. Cochran 10. Non - Assignability: Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12. Non - Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 13. Attorneys' Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including all attorneys' fees incurred in connection therewith. 8 of 9 • • • 14. Construction. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 15. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations, or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. 16. Severability. The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. CITY OF SEAL BEACH CONTRAC OR: By: ; ` • � By: A gai R. Ingram, A • City Manager Name: Ronnie D. Cochran. Title: President Attest: /- By: . ..I..d By: Lin • a Devine, ity Clerk Name: Title: Approved as to Form: By: G US'/ Quinn M. Bar City Attorney 9 of 9 rt • • MFB DATE ACiaREP CERTIFICATE OF LIABILITY INSURANCE R022 03-04/-20111 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONALINSURED,the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: EMIA/EXPRESSWAY PHONE FAx 250803 P• () - F• (888) 443-6112 E-MAIL ADDRESS: IIA/C,NO)• (888)443-6112 P O BOX.33015. ADODUCS: PRODUCER SAN ANTONIO TX 78265 CUSTOMERID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A. Hartford Underwriters Ins Co GOLDEN STATE CONSTRUCTORS, INC INSURER B: 6162 GALIPEAN DR INSURERS: HUNTINGTON BEACH CA 92 647 INSURER D: INSURER E: INSURER F. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYYJ GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) _ $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE S G AGGREGATE AP LIMIT PLIES PER: PRODUCTS-COMP/OP AGG $ POLICY I I PRO- JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) S SCHEDULED AUTOS PROPERTY DAMAGE S HIRED AUTOS (Per accident) NON-OWNED AUTOS S - $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS[LAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ S WORKERS AND EMPLOYERS'LIABILITY Y/N X T ORY IMITS 0E-I ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT 81,000, 000 A OFFICER/MEMBER EXCLUDED? (Mandatory In NH) 76 WEG RY3713 02/06/2011 02/06/2012 EL DISEASE-EA EMPLOYEE 1,000, 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,0 0 0, 0 0 0 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is requked) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE City of Seal Beach DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 211 8TH ST AUTHORIZED REPRESENTATIVE SEAL BEACH, CA 90740 c 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD • r • DATE(MMIDD/YYYY) ACORD CERTIFICAT OF LIABILITY INSURANCE CSR > GOLDENS 03/17/11 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Huntington Pacific Ins. Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7901 Professional Circle ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Huntington Beach CA 92648 Phone: 714-841-6283 Fax:714-842-2538 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A. Scottsdale Insurance Company INSURER B• Mercury Casualty Company 11908 Golden State Constructors, Inc INSURERC 6162 Galipean Drive INSURER D Huntington Beach CA 92647 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. INSK NSRC DATE(MMIDDIYY) POLICY(MMPDD )N LS NSRC TYPE OF INSURANCE POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY BCS0024023 01/31/11 uMtNltu / / / / 31 11 01 31 12 PREMISES occurence) $ 100,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 POLICY n JECT n LOC AUTOMOBILE LIABILITY B X X ANY AUTO CCA0006989 02/06/11 02/06/12 COMBINED SINGLE LIMIT $ 1 000 000. CO accident) r ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 7 OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WCSIMITS °a- WORKERS COMPENSATION AND TORY LIMITS I ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E L DISEASE-EA EMPLOYE $ If yes,describe under SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: 2011 Annual Concrete Repair Program - CIP No. ST1107 City of Seal Beach,its o£ficers,officials,employees,designated volunteers and agents are named as Additional Insured in respects to the General & Auto Liability per attached endorsements. CERTIFICATE HOLDER CANCELLATION SEAT,0 01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 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 City of Seal Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 211 8th Street Seal Beach CA 90740 REPRESENTATIVES AUT�F(gl.2t\\\\ZEE PT EN ATIVE� ACORD 25(2001/08) ���� ©ACORD CORPORATION 1988 • • IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) • +tr• F - ,, I r: r 9r�t:..k'-_t•1': _;•, - r �r E, ...�:. _ - 1; 4-�•r1 - r- `- -' =.*:I.�•-y' _ t =!_ GSORa-MDEH.N t,�,• DATE 11. T PAD-61":4' #'-r C: r _9t.9i ._- --•Telt0r_ INSREDS NAME, _Golden;State- onstructors� ,Inc _ - - • 3--P-'./,A]G-'7E�t`i{'�l-3-:l•7`�'tt--.-_•' The policy shall insure the City, its officers, its employees and its agents, including the City Engineer as additional insureds; the policy shall also insure the State of California, its officers, its employees and its agents, as additional named insureds; the bidder, his employees and his subcontractors and their employees, and their heirs, agents, and employees, while acting within the scope of their duties, against all claims arising out of or in connection with the work to be performed and shall remain in force and effect until the work is accepted by the City. • • _ _ _ - " • • SCOTTSDALE INSURANCE ENDORSEMENT COMPAN NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF ( ANDARD TIME) NAMED INSURED AGENT NO. 1R A.M.A. POLICY NUMBER M. BCS0024023 01/31/2011 Golden State Constructors Inc. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS - SPECIAL CONDITION For coverage provided in the following endorsements as indicated by an "x"in the box below: o Additional Insured—Owners, Lessees Or Contractors—Scheduled Person Or Organization (CG 2010). X Additional Insured—Owners, Lessees Or Contractors Automatic Status When Required In Construction Agreement With You(CG 20 33). X Additional Insured—Owners, Lessees Or Contractors—Completed Operations(CG 20 37). The insurance provided Is amended to be(indicated by an"x"in one box below): x Primary and noncontributory. o Primary. o Noncontributory. ❑ If this box is checked,this endorsement applies only to the following additional insured(s): s. V.S0 AUTHORIZED REPRESENTATIVE DATE CLS 294s-(340) Page-I-or1 , . - . . -- - . . . . . . .. . . • - ----POLIC-Y-NUMBER:-BGS --CO MMERCIAL-GEN ERAL•LIABI LEW--- CG 20 37 07 04 •• • • -THIS-ENDORSEMENT-CHANGES THE-POLICY:-PLEASEREAD 1T-CAREFULLY: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: ............... . _ . . . . ................. ............. ............ COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION ALL LOCATIONS WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR . . . . . . . . . ._ AGREEMENT, EXECUTED PRIOR TO THE "OCCURENCE" TO WHICH THIS - - • ' . . . . INSURANCE APPLIES; '1'HAT SUCH PERSON OR ORGANIZATION BE . . ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY Information required to complete this Schedule,if not shown above,will be shown in the Declarations. . . Section H Who Is An Insured is amended to in- dude as an additional insured the person(s) or or- ganization(s) shown in.the Schedule, but only with • • - - • • - - - -- respect to. liability.for "bodily iniury" or-!property . . . . . . . . . . . . damage"caused,in whole or in part,by'?our work" - - -at--the -location-designated-and-described-in-the- • _scheclule.of this endorsement performed...for_that__ . . . ._ . . . . . _ . . . . _ . . . . ' • " . . . . _ . . . . . . _ . . . - • •••• • • • •• . ....... . . . . . . . . . .......... . . . . . . . . .. . •• • • . . . . . . . • ••-- -CO 20 37.07:04 - •• -- ISO'Plopertiei Int-; 20047' 7:* •7•::•".• '"•-•••*•:'• Page' '7'17 • • • • . . . . . Insured Copy . , . . . -- - • -• - - - • — --— - - - - - • • - • • - - - • - • . „ -- • - - • x r - :;s - -.. • • -•----------- -- -----------_--_---------------•--•------.._..----__---colwl�ElzclAl.GEAlERAL'UA13lL-ITY...---....---...._.. CG 20 33 07 04 • ' " " • "' ---'THIS-ENDORSEMENT-CHANGES-THE'POLICY.• PLEASE READ IT CAREFULLY. •• •_ ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -AUTOMiATID STATUS WHEN IN_CON.STRUC.TI_ON-AGREEM-EN•T WITH You This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART- A. Section II - Who is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or or- additional insureds, the following additional exclu- ganization for whom you are performing opera- sions apply: tions when you and such person•or organization This insurance does not apply to: have agreed in writing in a contract or agreement that such person or organization be added as an 1. "Bodily Injury", "property damage"or"personal additional insured on your policy.Such person or and advertising injury" arising out of the organization is an additional insured only with re- rendering of, or the failure to render, any •• •spect••to•liabifity•for•'bodily•injury';•-"property-dam- • -• -• professional architectural, engineering or age"or"personahand advertising injury"caused,in - .- • . surveying services,including: .•.... • -. ..• • - • whole or in part,by: a. The preparing, approving, or failing to pre- 1. You acts or omissions;or • • pare or approve, maps, shop 'drawings, 2. The acts or omissions of those acting on your opinions, reports, surveys, field orders, behalf, change orders or drawings and specifica- tions;or in the performance of your ongoing operations for b. Supervisory, the additional insured. P ry, inspection, architectural or engineering activities. A person's or organization's status as an addi- 2. 'Bodily injury"or 'property damage"occurring • tional insured under this endorsement ends when after: your operations for.that.additional insured are completed. a. All work, including materials, parts or equipment furnished in connection with • ••• • •• •• • • • • -- such work, on the project (other than ser- _-- — _..vice: 'ram:once or-reftairs)_to.JZe-_:per • formed by or on behalf of the additional in- _.....__..._...____......_ . ..._...--..._. ._-• -- •-•--• __----•-••--_ -- ---•_---- --•--•sured(a at-'the Idca-tion of'the covered operations-has been_completed;-or_-••--- -........ ...... . ...... -ti-Th rt on of'your work"out-of which the .-... n u •or• ,am a ar ses has peen•put•to ifs Intended use by..anypera.onororganization.... . ..�...... .... other than another contractor o'r subcon- __�_.— --._._.------_ ----• ----- _ttactor-_engaged_Jn_performing_operations__.__—_._ �—f4 a princ'ipares a past o tthe same project. • • ••_.CG203307.04•..:.,_,.:.•.,...,.... ,.,-:.: .-• .., ®ISO Properties;lnc•2004`_ � ` :•, Insured Copy • • •