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HomeMy WebLinkAboutAGMT - Golden State Constructors (RESA SGR Bikeway) ‘`--- Recorded in Official Records, Orange County RECORDING REQUESTED BY Tom Daly, Clerk-Recorder AND WHEN RECORDED MAIL TO I 1111 III IIIIIIIIIIIIIIIIII I III I NO FEE * $ R 0 0 0 5 0 7 2 4 1 2 $ * CITY OF SEAL BEACH 2012000476988 8:30 am 08120112 Attn: City Clerk 276 422 N12 1 211 - 8th Street 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Seal Beach, CA 90740 Space of above this line for Recorder's use. *** No Recording Fee Pursuant to Government Code Section 6103, 27383 **** if NOTICE OF COMPLETION dt 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 29, 2012. The work was River's End Staging Area and Bikeway Enhancement Project. No. BP0901. 6. The name of the contractor(s), if any, for such improvement was: Golden State Constructors, Inc. The date of the Contract Award was September 26, 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: 1st Street Parking Lot at intersection of 1st Street and Ocean Avenue. Date: J' i`!f)z I Director of Public Works, City of S Beach Signature of owner or corporate o icer 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 vt/1 /g ?°/Z , 2012, at Seal Beach, California. Date of Signature) /� ji� / Director of Public Works, City of Seareach • PUBLIC WORKS AGREEMENT FOR RIVER'S END STAGING AREA AND SAN GABRIEL RIVER BIKEWAY ENHANCEMENT PLAN CIP NO. BP0901 between chi`c OR4) 41; '� City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Golden State Constructors 6162 Galipean Drive Huntington Beach, CA 92647 (714) 625-8758 (714) 625-5974 - FAX THIS AGREEMENT is made as of September 26, 2011, by and between the City of Seal Beach, a California charter city ("City"), and Golden State Constructors, a General Contractor ("Contractor"). 1 of 9 • • RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the River's End Staging Area and San Gabriel River Bikeway Enhancement Plan ("Project") with respect to design criteria; and B. WHEREAS, Contractor has submitted a bid to City for the Project dated September 14, 2011 in the amount of $1,624,191.85 ("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 0 • 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 September 26, 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 $1,624,191.85, 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 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, 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 • • .s!>t ' 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 Indemnitee'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 • • 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. 6.5.4 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 of 9 • • 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 less 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 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 7of9 • i 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 6162 Galipean Drive Huntington Beach, CA 92647 • Telephone: 714-625-8758 Fax: 714-625-8295 Attn: Ron 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. 14. Construction. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of 8 of 9 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 CONTRACT . By: By: /61- / 4---- Jil R. Ingram, CityiMahager - /� �U Name: 01'11=e. (gyp Ur-co ' Attest: Pr-1fi Title: N'4 By: nda :evin , City Clerk Name: Approved as to Form: Title: By: uinn r P22 M. Barrow, City Attorney 9 of 9 • • EXHIBIT A FAITHFUL PERFORMANCE BOND Exhibit A, Page 1 • • EXHIBIT A FAITHFUL PERFORMANCE BOND EXHIBIT B PAYMENT BOND EXHIBIT C WORKERS' COMPENSATION INSURANCE CERTIFICATE EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT (COMMERCIAL GENERAL LIABILITY) EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT (AUTOMOBILE LIABILITY) EXHIBIT D-3 ADDITIONAL INSURED ENDORSEMENT EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS EXHIBIT F LABOR LAW REQUIREMENTS EXHIBIT G ACCEPTED PROPOSAL (NOTE: Exhibits will not be included with the contract at the time of award. The Contractor shall have 10 working days to submit all exhibits to the City after the award of contract. Failure to do so will result in voiding of the contract. The City will then have the right to cash the bid bond for the project and re- advertise for construction or award to the next lowest responsive bidder.) THE FINAL PREMIUM IS (1 of 3 Originals) • PREDICATED ON THE FINAL CONTRACT PRICE Bond No. 2147953 Bond Premium$24,660.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded Golden State Constructors, 6162 Galipean. Drive, Huntington Beach, CA 92647 (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: RIVER'S END STAGING AREA AND SAN GABRIEL RIVER BIKEWAY ENHANCEMENT PLAN, CIP# BP0901. WHEREAS,Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW,THEREFORE,we,the undersigned Principal,and North American Specialty Insurance Company, 701 S. Parker Street, #3800, Orange, CA 92868 (Name and address of Surety) ("Surety")a duly admitted surety insurer under the laws of the State of California,as 5urety, are held and firmly bound unto the Public Agency in the penal sum of One Million Six Hundred Twenty— Two Thousand Seven Hundred Ninety and 25/100 Dollars($ 1,622,790.25 ),this amount being not less than the total contract price,in lawful money of the United States of America,for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal,his,her or its heirs,executors, administrators,successors or assigns,shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided,on the Principal's part to be kept and performed,all within the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and hold harmless the Public Agency, its officers,agents,and others as therein provided,then this obligation shall become null and void;otherwise,it shall be and remain in full force and effect. In case suit is brought upon this bond,Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration,addition or modification to the terms of the Contract,or of the work to be performed there under,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 there under. 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: October 3rd, 2011. "Principal" "Surety" Page D-196 North American Specialty Golden a on ctors Insura imrfflam e Co. .any Br •6e By: r Its Its r .ndy po n By: By: 'ttor ey-In-Fact 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. • Page D-197 • yyµµ • yet nw'{,'ao- •x; •,F a.r�.M, - x.�.'"„ .n .?', '^,',. "+�x'S ''r �.,�r1. x . . F,Ce S,.r: i :"� ",bi- NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under - laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International - -- - Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: RANDY SPOHN and MATTHEW R.DOBYNS JOINTLY OR SEVERALLY Its true-and lawful Attomey(s)-in-Fact,to make,-execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by - - -. _.: - law;regulation,contract or otherwise,provided that-no-bond-or-undertaking or contract-or suretyship executed under this authority-shall exceed the- -- amount of FIFTY MILLION($50,000,000.00)DOLLARS _- -• - - —ThisrPower"ofAttorney-is-granted:and:is:signed4ly facsimile:underand•bythe•authority of-the following-Resolutions adopted•by the-Boards-of - - . ' -Directors of both North American Specialty•Insiirance Company and Washington International Insurance Company at meetings duly called and held -on the 24th of March,2000: - -•- .f-,.,3. "-RESOLVED,:that any two of the•Presidents;any-Managing•Director,any Senior Vice-President,any Vice President,any Assistant Vice President, --- .----the.Secretary-or any-Assistant.Secretary.be,and.each.or any--of-them-hereby is_authorized to execute a Power of Attorney qualifying_the,attomey named given-Power-of-Attorney to:execute-on:behalf of tha Company-bonds;.undertakings and all cOntracts-of surety;and-that•eath or anytof them--=-'-` - -•..:-hereby-is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company;'-and it is _ t - FURTHER RESOLVED,that the signature of such officers-and,the seal;of=the:Company may be affixed to any such Power of Attorney or to-any ti:�w Certificate.relating thereto by-facsimile,-and-any such•Power-af Attorney or-certificate bearing such facsimile signatures or facsimile seal:shall be----- -- - binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." .� ,0tw uuri,N INSERI. _ - Steven P.Anderson,President&Chief Executive Officer of Washington International Insurance Company rr fr SEAL a'r rar 1973 m= • &Sector Vice President of North American Specialty Insurance Company - 6J �,e ,, �. t mnlnlSt` BY 2. • .- ..••... •ti•. _..----:._.: ._ •- - -,-_David M.Layman,Senior Vice Ptesiden of Washington International Insurance Company .__ _ . ._-_._ ._- .- -• - &Vice President of North American Spedalty Insurance Company IN WITNESS WHEREOF,-North American Specialty Insurance Company and-Washington Intemational.Insurance Company_have caused their _ - - official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 15th day of September ,2011 North American Specialty Insurance Company - Washington International Insurance Company - • -: _ .. ... ...- .-_-. .._:. State of Illinois County of Cook ss: On this 15th day of September ,2011"before me,a Notary Public personally appeared Steven P.Anderson ,President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, - - Senior Vice President-of Washington-International Insurance Company-and Vice President•of North-American Specialty Insurance Company, --•--- - personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL 0AL NELSON ' t L.f I�f�C r d -- - NOTARY YCONYs810NE scea3f122 D.Jill 14lson,Notary Public I, James A.Carpenter , the duly elected Assistant Secretary. of North American Specialty Insurance Company and Washington . International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 3rd day of October ,20 11 James A Carpenter,Vice President&Assistant Secretary of Washmgton International Insurance Company& North Amencan Specialty Insurance Company . . ,r: • 'CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA Cou f NGE On (v\ before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared RANDY SPOHN - who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ate subscribed to the within instrument and ---=acknowledged to me that he/she/thcy executed the same in his/Ier/thcir ,-,xauthorized..capacity(ics), and.that by his/le/thcir signature(s) on the .- ;instrument_the-person(s),-or the entity upon behalf of which the person(s) acted, executed the instrument. r„,.,. I certify under PENALTY OF PERJURY under the laws of the State of ERtl�A GulcO California that the foregoing is true and correct. a comm.#1843731 9 9 2 r�_"NOTARY PUBUCCALIFORNIA ORANGE COUNTY N WITNESS my hand aid official seal. J� '_ My Comm.expires May 5,2013 1[ 1/4/ 4111t gnatu - • Notary ;, :$ ' ,°OPTIONAL` t 5'" 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) • arrur I CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 1.I State of California ' t . k County of Oralye i , i On 10'5-11 before me, e/,1,J2L/l,'2/,1,' eoeka Y (0%/a C3%16 personally appeared yiNie 6/Jeh,Ygn2 , ' who proved to me on the basis of satisfactory evidence to be the person(*)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/hey executed the same in his/her/their authorized ` capacity(ies),and that by his/herheir signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s-)acted,executed the instrument. , I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph k is true and correct. . .. `L;� CLA:ups':COCHRAN ;- �,,r COM# 192019$ WITNESS r: d and offici. _•:" `1 ORNE COUNTY �� Y. NOTAkY `C- mj'`'' MY COMMISSION 2 i _� / N EXPIRES -+ Signature of N.. � l JAN. 30,2015 4 ► . ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Caiifornia must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above In the notary section or a separate acknowledgment form must be ' properly completed and attacked to that document. The only exception is 4f a . document is to be recorded outside of California In such instances,any alternative (Title or description of attached document) acknowkrt verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in ', California e.cent, the authorized c (i fytrag capacity of the aver). Please check the (Fitle or description of attached document continued) document Banefully for p open notarial wwr6ng and attach this fwne,f required V Number of Pages Document Date •• State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. A, • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. i (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). 'I • Print the name(s)of document signer(s)who personally appear at the time of W J notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/sholhey,.is/ape)or circling the correct forms.Failure to correctly indicate this , information may lead to rejection of document recording ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. ' Impression must not cover text or lines.If seal impression smudges,re-seal if a , (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ p er(g) • Signature of the notary public must match the signature on file with the office of " the county clerk. ❑ Attorney-in-Fact 4 Additional information is not required but could help to ensure this ■ ❑ Trustee(s) acknowledgment is not misused or attached to a different document. , ❑ Other • Indicate title or type of attached document,number of pages and date. 4 Indicate the capacity claimed by the signer.If the claimed capacity is a =prate officer,indicate the title(i.e.CEO,CFO,Secretary) • Securely Wadi this document to the signed document I • (1 of 3 Originals) Bond No. 2147953 Bond Premium Included on Performance Bond. PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: . WHEREAS the City of Seal Beach,has awarded to Golden State Constructors, 6162 . Galipean Drive, Huntington Beach, CA 9264-7 (Name and address of Contractor) • ("Principal"),a contract(the"Contract")for the work described as follows: — - - RIVER'S END STAGING AREA AND SAN GABRIEL RIVER BIKWAY ENHANCEMENT PLAN, CIP# BP09O1. WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers,mechanics,materialmcn,and other persons as provided by law. - - -- - NOW,THEREFORE,we,the undersigned Principal,and North American Specialty — — --- - . Insurance Company, 701 S. -Parker Street, #3800, Orange, -CA 92868 --- . - - (Name and address of Surety) ("Surety")a duly admitted surety insurer under the laws of the State of California,as Surety,are held and thinly bound unto the Public Agency in the penal sum of One Million Six Hundred Twenty-Two Tl otisand Seven Hundred Ninety -and 25/100 Dollars(S 1,622,790.25 this amount being not less than fifty percent(50%)of the total contract price,in lawful money of the United States of America,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors,and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION 1S 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 insure 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 Page D-199 name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: October 3rd, 2011. "Principal" "Surety" Go lde at Con uctors North American Specialty Insur ce Co pany prTyr . . . . . „ .. - -- Its - I Ran.y p•' • By: -- - By: Attor - -In-Fact Its I - . (Seal) • (Seal) r _ •.-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. • • Page D-200 ;00, 9 Qr re;•at sy;'!td, r3 r_� :� y $.3�. iy 'rte NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: RANDY SPOHN and MATTHEW R.DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 241 of March,2000: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." ''1nnII111% nuse By r' SEAL :A= Steven P.Anderson,President&Chief Executive Officer of Washington Interoatlonal Insurance Company •Al'. SEAL l ,l 1979 �tj &Senior Vice President of North American Specialty Insurance Company 6? °"°...; BY V17-41 David M.Layman,Senior Vice Presider of Washington International Insurance Company &Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 15th day of September ,2011 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS' On this 15th day of September ,2011 ,before me,a Notary Public personally appeared Steven P.Anderson ,President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL 0 JILL NELSON . L L ,C�►' NOTARY PI COMMON OF ILLINOIS D.Jill Nelson,Notary Public I, James A.Cementer , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 3rd day of October _,20 11 James A Carpenter,Vice President&Assistant Secretary of Washington International Insurance Company& North American Specialty Insurance Company • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - State of CALIFORNIA County of On V before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared RANDY SPOHN ® who proved to me on the basis of satisfactory evidence to be the persons) - ------whose namc(s) is/aFe subscribed to the within instrument and - _ acknowledged to me that he/she/they executed the same in his/beF/their authorized capacity(ics), and that by his/ieF/thcir signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) - . : acted, executed the instrument. ;, I certify under PENALTY OF PERJURY under the laws of the State of ERIKA GUIO - -California that the foregoing paragraph is true and correct: • COMM.#1843731 x -._ NOTARY PUBLIC CALIFORNIA' ' ORANGE COUNTY N WITNESS my d and official seal.- • nrtn. My Comm.expires May S,2013 •kd - w_ _._ .. ._..._... to - of • ry - _ ...- OPTIONAL ,:r Though;the data below is not required by law;it may.prove valuable to persons,relying:on:the-document and .. .w could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ; ❑ PARTNER(S) El LIMITED ® .ATTORNEY-IN-FACT __ ❑ .TRUSTEE(S) El GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of c y�p, On 10-5-0 before me, C>)L/,/,9,/./a'7,/a' cocker ! (DA ota y C��'9./.�l& , personally appeared e y229,i Cock—an , who 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 acknowledged to me that he/she/they executed the same in his/her/their-authorized capacity(),and that by his/henitheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the California that the foregoing paragraph is true and correct. <; CLAUDIA COCHRAN i7;,,,,,,,f,t:k COMM# 1920!98 ORANGE COUNTY WITNE : my hand an : " MY COMMISSION UORNtA,�� EXPIRES JAN. 30, 2015 Signature of Notary Public Sew ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment farm must be properly completed and attached to that document. The only exception is(f a document is to be receded outside of California In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be punted on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(t.e. certifying the authorized capacity of the signer). Please check the (Title or description of attained document continued) document carefully forproper notarial wording and attach des form if required • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment • Date of notarization rust be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. , (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and than your title(notary public). • Print the name(s) of document signer(s)who personally appear at the time of ' notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect fomms(i.e. ❑ Individual(S) haisheitheyr is/a+)or circling the coifed fonns.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) • Signature area the permits,otherwise�mpm�a different acknowledgment form. ❑ Partner(s) gn notary public signature on file with the office of the county chxk. ❑ Atto y-i Fact • Additional information is not required but could help to ensure this ❑ Trustee(s) admowledgment is not misused or attached to a different document. ❑ Other • Indicate title or type of attached document,number of pages and date. • Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). , • Securely attach this document to the signed document 1 ACORD CERTIFICATF LIABILITY INSURANS CSR NH DATE (MMIDDIYYYY) GOLDENS 09/28/11 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 INSURER C 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 ILTR INSRD L DATE(M�D/YYE POLICY LTR INSRL TYPE OF INSURANCE POLICY NUMBER LIMBS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X X COMMERCIAL GENERAL LIABILITY BCS0024023 01/31/11 01/31/12 PREMISES(Eaoccurence) $100,000 CLAIMS MADE X OCCUR MED EXP(My one person) $5,000 X $2500 Deductible PERSONAL&ADVINJURY $1,000,000 _ GENERAL AGGREGATE $2,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 I POLICY n Eln LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000. B X ANY AUTO CCA0006989 02/06/11 02/06/12 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) X No Deductible PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY AGG $ EXCESS/UMBRELLA LIABIUTY EACH OCCURRENCE $ 7 OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WC • - OIH- WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED E L DISEASE-EA EMPLOYEE $ If yes,descnbe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Rivers End Staging Area & San Gabriel River Bikeway Enhancement Plan, CIP #BP0901. City of Seal Beach,its officers,officials,employees,designated volunteers and agents are named as Additional Insured in respects to the General & Auto Liability per attached endorsements. CERTIFICATE HOLDER CANCELLATION SEALO 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 211 8th Street, 2nd Floor IMPOSE NO OBLIGATION OR IABILITY NY KIND UPON THE INSURER, GENTS OR Seal Beach CA 90740 REPRESENTATIVES. AU PE EPR E I ACORD 25(2001108) ©ACORD CORPO- •88 1 , , ' • • 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) • • COMMERCIAL GENERAL LIABILITY CG 20330704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT 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 liability for 'bodily injury", 'property dam- professional architectural, engineering or age"or"personal and advertising injury"caused, in surveying services, including: whole or in part, by: a. The preparing, approving, or failing to pre- 1. Your acts or omissions; or pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, 2. The acts or omissions of those acting on your change orders or drawings and specifica- behalf; tions; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. 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, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. That portion of"your work"out of which the injury or damage arises-has been put to its - intended use by any person or organization other than another contractor or subcon- tractor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 ®ISO Properties, Inc., 2004 Page 1 of 1 D Insured Copy • 1 . 1 • • • POLICY NUMBER BCS0024023 COMMERCIAL GENERAL LIABILITY CG 20370704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) 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, THAT 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 II —Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for 'bodily injury" or "property damage"caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 ®ISO Properties, Inc., 2004 Page 1 of 1 D Insured Copy • i POLICY NUMBER BCS0024023 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE - Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WITH WHOM THE INSURED HAS AGREED TO WAIVE RIGHTS OF RECOVERY, PROVIDED SUCH AGREEMENT IS MADE IN WRITING AND PRIOR TO THE LOSS Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work"done under a contract with that person or organization and included in the"products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ®Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ Insured Copy s • ENDORSEMENT J. SCOTTTSDALE INSURANCE COMPANY NO. 001 Attached to and forming a part of Endorsement Effective Date 01-31-11 Policy No. BCS0024023 12:01 A.M., Standard Time Named Insured GOLDEN STATE CONSTRUCTORS, INC Agent No. 04781 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: Additional Insured—Owners,Lessees Or Contractors-Scheduled Person Or Organization(CG 20 10). 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 Primary Noncontributory. / AUTHORIZED REPRESENTATIVE DATE GLS-294s(4-08) Page 1 of 1 Insured Copy • TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 02/06/2011 to 02/06/2012 Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: Any Automobiles ❑ Truckers Coverage i All Owned Automobiles ❑ Motor Carrier Act ❑ Non-owned Automobiles ❑ Bus Regulatory Reform Act • Hired Automobiles ❑ Public Livery Coverage ❑ Scheduled Automobiles ❑ 1 Garage Coverage V 11. A ❑ deductible or ❑ self-insured retention (check one) of $ . None applies to all coverage(s)except: (if none,so state). The deductible is applicable❑ per claim or C per occurrence(check one). 12. This is an X occurrence or❑claims made policy(check one). 13. This endorsement is effective on 09/26/2011 at 12:01 A.M. and forms a part of Policy Number CCA0006989 1, Mark Heberden (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 September 26 _2011 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( 714 ) 841-6283 • Page D-208 . r • • • ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Golden State Constructors,Inc. Name and address of named insured("Named Insured"): Scottsdale Insurance Co.@ 8877 North Gainey Cntr Dr.,Scottsdale,AZ 43215 Name and address of Insurance Company("Company"): OFFICIAL TITLE OF PROJECT: RIVER'S END STAGING AREA AND SAN GAIBRIFL RIVER BIKEWAY ENAHCMENT PLAN.CIPif BP0901. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: 1. The City of Seal Beach,its elected officials,officers,attorneys,agents,employees,and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the"Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the-Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured - and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits(except as the result of the payment of claims), or non-renewal except after written notice to Public Agency,by certified mail, return receipt requested,not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity. construction,interpretation,and enforcement of this contract of insurance. Page D-204 • • 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Engineer City of Seal Beach 211 8th Street,2"d Floor Seal Beach CA 90740 • 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive,alter or extend any of the limits, agreements,or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF $1,000/$2,000/$2,000 THLS ENDORSEMENT ATTACHES FROM/TO 01/31/2011 -01/31/2012 LIABILITY 11. Scheduled items or locations are to be identified on an.attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Contractual Liability ❑ Explosion Hazard 13 Owners/Landlords/Tenants ❑ Collapse Hazard k Manufacturers/Contractors ❑ Underground Property Damage X Products/Cotnpleted Operations ❑ Pollution Liability ❑ Broad Form Property Damage ❑ Liquor Liability C Extended Bodily Injury ❑ ❑ Broad Form Comprehensive 0 �i General Liability Endorsement 12. A deductible or ❑ self-insured retention (check one) of$ 2.500 applies to all coverage(sl except: (if none,so state). The deductible is applicable ❑ per claim or lx per occurrence(check one). 13. This is an X occurrence or CJ claims made policy(check one). 14. This endorsement is effective on 09/26/2011 at 12:01 A.M.and forms a part of Policy Number BCS0024023 I. Mark Heberden (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 September 26 ,2011 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( 714) 841-6283 Page D-205 •l •• • ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Golden State Constructors,Inc Name and address of named insured("Named Insured"): Mercury Casualty Com an P.O. Box 54600.Los AnggiBs.CA 90054 Name and address of Insurance Company("Company"): OFFICIAL TITLE OF PROJECT: RIVERS END STAGING AREA AND SAN GABRIEL RIVER BIKEWAY ENHANCEMENT PLAN, CIP# BP0901. 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. I. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 2. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims,i.e.,in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 4. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds. 5. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits(except as the result of the payment of claims),or non-renewal except after written notice to Public Agency,by certified mail, return receipt requested, not less than thirty (30)days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 6. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation,and enforcement of this contract of insurance. This endorsement and all notices given hereunder shall be sent to Public.Agency at: City Engineer City of Seal Beach 211 8th Street,god Floor Seal Beach CA 90740 7. Except as stated above and not in conflict with this endorsement,nothing contained herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this endorsement is attached. Page D-207