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HomeMy WebLinkAboutAGMT - Hardy & Harper (Arterial Local Street Resurfacing, ST1102 & ST1103) (23 RECORDING REQUESTED BY Recorded in Official Records, Orange County AND WHEN RECORDED MAIL TO Torn Daly, Clerk-Recorder II IIIIIII III VIII I 1111 110111 11 VIII III NO FEE CITY OF SEAL BEACH — s e a o o s z s a o 0 9 $ * Attn: City Clerk 2012000662675 9:16 am 10130112 211 - 8th Street 62 417 N12 1 Seal Beach, CA 90740 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: t"Vp`/ 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 Arterial & Local Street Resurfacing Project. No. ST1102 & ST1103. 6. The name of the contractor(s), if any, for such improvement was: Hardy & Harper, Inc. The date of the Contract Award was May 14, 2012. 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: The Hill & Old Town, City of Seal Beach. Date: I 012:2-1 (7_, — — ditfrilk/ DirecGeld" 'ublic Works, riity of Seal Beach Signature of owner or corporate 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 pe alty of perjury the foregoing is true and correct. Executed on IQ 2-2- /L , 2012, at Seal Beach, California. ( ate of Signature) /AIS Director of Public Works, City of Seal Beach PUBLIC WORKS AGREEMENT FOR ARTERIAL & LOCAL STREET RESURFACING PROJECT CIP NO. ST1102 & ST1103 between •-or 160., •o, S 9`•. 4 F ''•R? 1INTY, City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Hardy & Harper, Inc. 1312 E. Warner Avenue Santa Ana, CA 92705 (714) 444-1851 (714) 444-2801 - FAX THIS AGREEMENT is made as of May 14. 2012, by and between the City of Seal Beach, a California charter city ("City"), and Hardy & Harper, Inc., a General Contractor ("Contractor"). 1 of 9 RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Arterial & Local Street Resurfacing Project No. ST1102 & ST1103 ("Project") with respect to design criteria; and B. WHEREAS, Contractor has submitted a bid to City for the Project dated May 1, 2012 in the amount of $414,000.00 ("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 May 14, 2012 (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 $414,000.00, 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. The City Manger may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 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 3 of 9 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 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 4 of 9 the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 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). 5 of 9 6.2.4 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 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. 6.3.4 Professional Liability: (Please note that pursuant to Section 6.2.5, the City may waive the requirement that the Contractor carry professional liability insurance.) 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, 6 of 9 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. 6.5.5 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 $750.00 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. 7 of 9 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 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: Hardy & Harper, Inc. 1312 E. Warner Avenue Santa Ana, CA 92705 Telephone: (714) 444-1851 Fax: (714) 444-2801 Attn: Steve Kirschner 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 8 of 9 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 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 CONTRA/0,o R: Hard & arper, Inc. .i, By: 414.er, B A�j/ Y k Y . Ingram, City Name: Steve Kirschner Attest: G'- Title: Vice President By: (, Lida Devine, City Clerk , Name: ''`` ' Approved as to Form: Kristen S. Pualino Title: Corpoate ecretary By: uinn M. Barr , City Attorney 9 of 9 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _ • •a T• - - •- =• - - aa.Q —.a_Aim• a State of California County or Orange On May 3, 2012 before me Jo-Ann Lyons, Notary Public • Date • Here Insert Name and The of the Officer personally appeared Steve Kirschner Name(s)of Signer(s) Kristen S. Paulino • who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) &are subscribed to the within instrument and acknowledged to me that • /s /they executed the same in r/their authorized ' fr • capacity(ies), and that by lis/tr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JoA .Nr•ro' S !( CO.1',1 :•'3 I certify under PENALTY OF PERJURY under the laws ,ry = of the State of California that the foregoing paragraph is cr,..,....I%,rncs •,, I..: :• lc true and correct. • Signature WITNES end and ial seal. Place Notary Seal Above Signature of Nota Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of-Attached Document Contract Title or Type of Document: May 3, 2012 9 Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(lee) Claimed by Signer(s) • Steve Kirschner Kristen S. Paulino Signer's Name: Signer's Name: ❑ Individual Vice President ❑ Individual Corp Secretary • 01: Corporate Officer—Title(s): tg Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General . . . .•. , ❑Partner—❑ Limited ❑General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Re a cy a,harper, Inc. Signer Is Re is ay rrrarrper, Inc. • s1o �c w �kti ^�6 �c� ®2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402-www.NatlonalNotary.org Item#5907 Reorder.Call Toll-Free 1-800-876-6827 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMEHT BASED ON FINAL CONTRACT PRICE This bond was executed in three(3) identical counterparts. BondNo. 0572691 BondPremiumincluded in Performance Bond PAYMENT BOND • (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded to Hardy & Harper, Inc. 1312 E. Warner Avenue Santa Ana, CA 92705 (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: ARTERIAL&LOCAL STREET RESURFACING PROJECT NO.ST1102&ST1103 • WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law. NOW,THEREFORE,we,the undersigned Principal,and International Fidelity Insurance Company 13400 Sabre Springs Parkway, Suite 245 San Diego, CA 92128 (Name and address of Surety) ("Surety")a duly admitted surety insurer under the laws of the State of California, as Surety,are held and firmly bound unto the Public Agency in the penal sum of Two Hundred Seven Thousand and 00/100 Dollars($207,000.00 ********** 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. T.LIE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code,or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract,of 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 Page D-53 Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code§§2845 and 2849. IN WITNESS WHEREOF,two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof,have been duly executed by Principal and Surety, on the date set forth below,the name of each corporate party being hereto affixed and these presents duly signed by its • undersigned representative(s)pursuant to authority of its governing body. Dated: May 3, 2 012 "Principal"// "Surety" H,daqic�/H_ per I. . , International Fidelity Insurance Company 41.111■Alry/ By: Steve Kirschner By: Its Its Dwight Reilly By: Vice President By: Attorney-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-54 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . State of California County of Orange May 3, 2012 Jo-Ann Lyons, Notary Public • On before me, Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name(§) is/afet subscribed to the within instrument and acknowledged to me that • he//1110/t1p executed the same in his/fear/Mr authorized ' capacity(ies), and that by his/ter/Mr signature( on the instrument the person(e), or the entity upon behalf of which the person(d) acted, executed the instrument. �;:; I certify under PENALTY OF PERJURY under the laws (•• Nc:: _ of the State of California that the foregoing paragraph is _• true and correct. WITNES 411ind and is al seal. • Signature JP Place Notary Seal Above Signature of Notary Pu is OPTIONAL •Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of-Attached Document • Payment Bond Title or Type of Document: May 3, 2012 2 Document Date: Number of Pages: Dwight Keilly Signer(s) Other Than Named Above: • Capacity(ies) Claimed by Signer(s) • Steve Kirschner Signer's Name: Signet's Name: ❑ Individual Vice President ❑ Individual • N. Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑Limited ❑ General _ ❑Partner—❑ Limited ❑ General Y + tl r,'9' T RIGHTTHUMBPRINT ❑ Attorney in Fact. •1d.:��4: ❑Attorney in Fact OF SIGNER • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: • Signer Is Repogrtier ar, 1,,C. Signer Is Representing: • • • "r�,-ei✓.�"a• y e ✓-- Cd '-.v'-a."c+'-_y-ems:a d-.�+- - -.r _ ' s.-e�.-,e_'-y y,�e>.-u::�.-a dtr'-a'Ci3'��i+_ '-. . .v.a c,w• 02007 National Notary Assodation•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder.Call Toll-Free 1.800-876-6827 ACKNOWLEDGMENT State of California County of Orange ) On May 3, 2012 before me, Susan Pugh, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the persons)whose name(s)is/ subscribed to the within instrument and acknowledged to me that he/may executed the same in hisilweittteir authorized capacity(l), and that by his/he 4their 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 is true and correct. 1MTNESS my hand and official seal. °' • SUSAN PUGH COMM.#1934229 v s o Notary Public-California ORANGE COUNTY 4- pp � My Comm.Expires Apr 29,2015■ Signature\/.y(..(�Q�A,�_c (Seal) - --___ Susan Pugh • `,z ,:( .x = .S•;e-'i:t<-,,,y{ `7i•-- `t^'v' =A C'.:r.:;..,,�..v S..•y"r:}!.{r'f?y:::4�::;•r•`omt-s.`,?::''fF>>..-v,..:-,.'r t,ti.a..+';.s.f i�,. :i..s ..c�r,;z s:-iap`�,�::h` .,�:'.^`• 6- • •:c.;::.'".:•: i..b>.%:",.•ti"s. v .:.s",rY;Y.>'"+.r�r f,. F..,.[V: '3ri 3 ° •,?. r�t:.n'..:•:r r.•s,:.;,.•},. 9`;":::e}E.,•!;'�:.a...i,;fi ••,Y::;'t'".'•s.:,....'••.>n.%e`'"t f:- _C-•>r....>;,f-?! i,; ri. 'vs - +/'y^ •::,,"-::•• ,:- .:n Y:,l r."., r� air :S„ k:Erc . ,��!:.•y ,,,sx: .....:: ... .. .J°'..:. ",•tX.:T :•.x:` j:r. .\e •' i'•.:<:./^ .4.•,:<> ., .ti Tel X3 .624-,7200 �x,w:;..�.,{ >:. ", :+`;•:::.. - > :" :Y.:POWER No:. ,0.5.7°1�b•9�i.i x.:.': '$` } .�T?'O: ER (JF;ATT�JRN�� :;:� ..!•••'• �' w �. .•• :: FI . :..:........ . .: :. ... .:.. INT�RNATION AL�. - :DELITY:INSURANCECOIVIPAN:Y : ; :--HOME OFFICE:ONE NEWARK CENTER,20TH•FLOOR• ' - NEWARK,NEW JERSEY 07102-5207. - • • KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint • DWIGHT REILLY, ARTURO AYALA, DANIEL HUCKABAY • • • Orange, CA. its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory•in the nature thereof,which are or may be allowed,required or permitted by law,stature,rule regulation,contract or otherwise,and the execution of such mstrument(s) in "pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,any such attorney-in-fact and revoke the authority given. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. c,, jTY/N IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be 4.VP _���/� signed and its corporate seal to be affixed by its authorized officer,this 16th day of October,A.D.2007. -W INTERNATIONAL FIDELITY INSURANCE COMPANY SEAL 2 O I9 R ` a STATE OF NEW JERSEY �` County of Essex 147 * }.\' Secretary On this 16th day of October 2007,before me came the individual who executed the preceding instrument, to me personally known and,being by me duly sworn,said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. ... �up,epy �vot„r IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, J �. *b, at the City of Newark,New Jersey the day and year first above written. AP ANC, ,:= ,,,OFNE�,,,,, A.NOTARY PUBLIC OF NEW JERSEY ',,hrr,,,,1010 My Commission Expires March.27,2014 CERTIFICATION I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON • IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of-Attorney has not been revoked and is now in full force and effect • • IN TESTIMONY WHEREOF,I have hereunto"set thy hand this 3rd day of May, 2012 . -. • .i..:. ^t• i' . .. :'"': :. .:�": : r$. •:>.: Assistant Secrets�. v .. :",•. .-,. 7. .:+"w.. -,•. „x: ...:.. ,.,,y •:•✓•, ...: :,h., {a:•'.:.: 's.: .',k+. �:,,,.Xx • .:'fix'- `..-:: '=..:• is .�.x` ,,;: �: .. .'. i:�ynf: `e� �}:v'Y \ .fe nl 'k.. . .. E. t:.t. ,FX ,{ .4i :i-€ f 1:•�. '•3" v } T`C u:> - yam~. 1„f 15i t l+,-i^ +' ' ty.•. lSs:,�,e: iz.:�;�� _^.1.���:-..'' �:,, �. �:4�i�f,"�� w..h-'t`:!\ �`+'i::;`:T`rx`-`•� PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE This bond was executed in three(3) identical counterparts. Bond No. 0572691 Bond Premium$3,201.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that WHEREAS the City of Seal Beach,has awarded Hardy & Harper, Inc. 1312 E. Warner Avenue Santa Ana, CA 92705 (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: ARTERIAL&LOCAL STREET RESURFACING PROJECT NO.ST1102&ST1103 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 International Fidelity Insurance Company 13400 Sabre Springs Parkway, Suite 245 San Diego, CA 92128 (Name and address of Surety) ("Surety")a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Four Hundred Fourteen Thousand and 00/100 Dollars ($414,000.00 ******** ), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum 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 undertaldngs,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. Page D-50 Dated: May 3, 2012 "Princi•',> `•surety, .1 & _ ar.er, nc. International Fidelity Insurance Company // ff • By: Steve Kirschner By Its Its Dwight Reilly Vice President By By Attorney-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-51 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . , -•- a c_ • '= •- ..=•- vaCl-' - �y�" �i'-oil'•-. State of California County or Orange May 3, 2012 Jo-Ann Lyons, Notary Public • On before me, Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner Name(s)of Signer(s) • who proved to me on the basis of satisfactory evidence to be the person() whose name(e, is/amle subscribed to the within instrument and acknowledged to me that • • he/Mgt/01@y executed the same in his/If/tr./Mir authorized ' capacity(iaes), and that by his/IEr/ttigFr signature(®) on the instrument the person(s), or the entity upon behalf of which the person(so) acted, executed the instrument. 'I 1'.Y 'I • cc... • 3 I certify under PENALTY OF PERJURY under the laws 4, : • No;i.. • ■nla of the State of California that the foregoing paragraph is ` \ •=' '/ `'"'' true and correct. • WITNESS nd and o • ral seal. ,ra Signature Aw • Place Notary Seal Above Signature of Notary is OPTIONAL •Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of-Attached Document Performance Bond Title or Type of Document: May 3, 2012 2 Document Date: Number of Pages: Dwight Reilly Signer(s)Other Than Named Above: • Capacity(ies) Claimed by Signer(s) - Steve Kirschner Signer's Name: Signer's Name: ❑ Individual Vice President ❑ Individual 14. Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ :,_t, ❑ Partner—❑ Limited ❑General RIGHTTHUMBPRINT ❑ Attorney in Fact OF.SIGNER ❑Attorney in Fact OF SIGNER • El Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Refl m�ratiflerper, Inc. Signer Is Representing: • 02007 National Notary Association.9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402-www.NationalNofaricorg Item#15907 Reorder.Call Taf-Free 1-8O()-876.6827 ACKNOWLEDGMENT State of California County of Orange ) On May 3, 2012 before me, Susan Pugh, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/ i subscribed to the within instrument and acknowledged to me that he/may executed the same in his/iQntir authorized capacity(►I), and that by his/heir 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 is true and correct. SUSAN PUGH WITNESS my hand and official seal. ' COMM.#1934229 "v, • Notary Public-California LL ORANGE COUNTY My Comm.Expires Apr 29,2015 ' _ mow` Signatur&GL?�t�-A, (Seal) Susan Pugh z•::•,.( :ik:':4fi x,- -:1'.': "ti..'4t':KT:`�:` r-`,»`;:`t�'i£ ' 5 ;�"xa,t.:c.:`%'t •,.,:? `.s,':4",:s 5 .:;,:.'6_',;`+• '? _. .::14.: Y':. - K'>:,i� f<::a'{: F°.s' ,"'• , „ M : ' s : + . 1..: =:2-'° .:}' .".."'''''',1'.•? x;� ', . ; C Fy' }•' : `•".y :. 'f,•' .. ., X. <; • ..:.v:+•• .. 4',. .}. t,., 'f 3r k:: ::ti,2� .Y.. .•'}s. :::;k::'.::"...'.:::' :.:::.":."..J. ..0 '•„S _ 'r: v s; ''..1",.:;.:'; t: .r v'`;:,.:.1'4.::;,?.`,::' :: ,• -:' :fi ::.,�' S: ' •> tr :rJ �'Y. . r Y;; - 1- :.#. :n4 �S nF V., .ati,` �rpv; v,.*n rrv: ;4,4 + :.:, •.x l ..F n::+� .i:•rr:' i • • Te.l'A)624'`72,00 +"';° k :x° rlr 1f �-r• ;:Bond::YNo.. 05722691 .� Y: `�O: ER��OE��ATTO►� •Y• v •: E • :•. A TIONAL FIDE•LITY:�•'INSURANCE •COIVIPA • -::' . :: .... ., . INT RNA • HOIVIE.OFFICE:•ONE NEWARK CENTER,20TH FLOOR• . NEWARK,NEW JERSEY 07102-5207.:•' KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint • DWIGHT REILLY, ARTURO AYALA, DANIEL HUCKABAY • Orange, CA. . its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,stature,rule, regulation,contract or otherwise,and the execution of such mstrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply, to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on.the 7th day of February, 1974. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,.any such attorney-in-fact and revoke the authority given. Further,this Power of Attorney is signed and sealed by facsimile ursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: . • Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such.power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking-to which it is attached. t%-tTY/N IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be ���AoOp-��G� signed and its corporate seal to be affixed by its authorized officer,this 16th day of October,A.D.2007. �N �W INTERNATIONAL FIDELITY INSURANCE COMPANY co SEAL C 1904 O STATE OF NEW JERSEY County of Essex /a ,EIS 19 4/ of 1r Secretary On this.16th day of October 2007,before me came the individual who executed the preceding instrument, to me personally known, and,being by me duly sworn,said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY IN SURANCE COMPANY;that the seal-affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. . `��' �I V4 " .• IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, :$.4.ie ae,/ k, at the City of Newark,New Jersey the day and year first above written. 1.-. i 40.•..0 : : lin — iee._____. •,,,�"y_ OFkrObl 4f,�.... A.NOTARY PUBLIC OF NEW JERSEY �...NPnuN«.� My Commission Expires March.27,2014 CERTIFICATION I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals;•and that the said Power of-Attorney has not been revoked and is now in full force and effect . . • - IN TESTIMONY WHEREOF,I have hereunto set my hand this 3rd day of May, 2012 • • • • : v • •r : .t : . .. :. •:,:,-.....'...:::.: t :"•.:+:. ;+:•. °t:' } :t:: A3tistanti"Secietary `�" '.:.,,`: ,... -% r:... .a.:., i .:.�,.c: r,,.•. .,..w .:�.r.':...t ,:f6' f� � i�x :a•�::} •t,:...t• n:•<``` / .:.FC.'.;<.: os^vF. ,.:. .:r.i .�...ti•: :+f':• '•'G'' ::y !`"�:: lf.t :.A• ,syt`•`:.. ti+r•,. _•• F �:.:• ..fi > •koc .. rr. }. `,7 iF`..F..*',� ,Y..;':.t:.... - xr F• •V,t - ,-,'T.'c:+ ` ,'_u 4. R�•• ”+' (a`r :r C.li.: \: f`t..i;i4 4 ;:t'f •:.: ; '•R::'+-f{ ` 7• � � -. 'ti F',"' •:-:}^' ^.ft 3:c :Rs:`+. .. : •4�^ 4`; '1.:31;;;;;;**':;:il:'.`-• • :`i _F :� _ '�'` t:r t ^'' {-•f.1.,'4 1• 5 � F. :a,�:�:?�.cd. � _g:sya;f- ��>..��lids:{.; fi. ::�' „t.K� .,. _�- '::.b� 3.Y�... iF•/f.:xF)w �'r AYts:y ..'s„v%.`y..s ..iy\..;, 4 J �:J� 3 .:-;; �>:z:•s .. -�';'0,:,;;;;;J:4 k i„t.,ny.Y .' A`°R°® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYWI) 5/3/2012 THIS CERTIFICATE IS 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 ADDITIONAL INSURED,the policy(ies)must be endorsed. 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). PRODUCER CONTACT NAME: Wood Gutmann&Bogart fA/CO.NN.Ext1:714-505-7000 (A/c,No):714-573-1770 15901 Red Hill Ave., Suite 100 E-MAIL Tustin CA 92780 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:SCOTTSDALE INS CO 41297 INSURED HARDY-1 INSURER B:ZURICH AMERICAN INS CO 16535 Hardy&Harper, Inc. INSURER c:GREAT AMER INS CO 16691 1312 E.Warner Ave. INSURER D: Santa Ana CA 92705 INSURER E: INSURER F: • COVERAGES CERTIFICATE NUMBER:618291712 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ;l 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 ' LTR I INSR WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYYI LIMITS A GENERAL LIABILITY BCS0025252 7/1/2011 7/1/2012 EACH OCCURRENCE $1,000,000 DAMAGE TO REND X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occcurrrence) $100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 _ X XCU Included PERSONAL&ADV INJURY $1,000,000 X Cross Liability GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG $2,000,000 _ —I POLICY Ti jEc1- n LOC $ B AUTOMOBILE LIABILITY BAP373645407 10/1/2011 10/1/2012 I(Ee Nat a deDSINGLE LIMIT $1,000,000 _ X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS _ — NON-OWNED (PerraccidentDAMAGE $ X HIRED AUTOS X AUTOS $ C X UMBRELLA LIAB X OCCUR TUE595006909 7/1/2011 7/1/2012 EACH OCCURRENCE _ $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 _ DED I I RETENTION$ $ B WORKERS COMPENSATION WC373645307 10/1/2011 10/1/2012 X WCSTATU- OTH- I AND EMPLOYERS'LIABILITY TORY LIMITS R I ANY PROPRIETOR/PARTNER/EXECUTIVE I N/A I E L EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED, (Mandatory in NH) E L DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER VESTING: The City of Seal Beach,its elected officials,officers, attorneys, agents, employees and volunteers. GENERAL LIABILITY: Certificate holder is named as additional insured per attached endorsements CG 20 33 07 04 and CG 20 37 07 04. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Seal Beach, City Engineer ACCORDANCE WITH THE POLICY PROVISIONS. 211 8th Street,2nd Floor Seal Beach CA 90740 AUTHORIZED REP E TIVE - I • I ©1988-2010 CORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are regi ered marks of ACORD ` AGENCY CUSTOMER ID: HARDY-1 LOC#: A`ORU ADDITIONAL REMARKS SCHEDULE Page 1 of- AGENCY NAMED INSURED Wood Gutmann&Bogart Hardy& Harper, Inc. 1312 E.Warner Ave. POLICY NUMBER Santa Ana CA 92705 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Waiver of Subrogation applies per attached endorsement CG 24 04 10 93. AUTOMOBILE LIABILITY: Certificate holder is named as additional insured per attached endorsement CA 20 48 02 99. Waiver of Subrogation applies per attached endorsement U CA 320 A CW 492. WORKERS COMPENSATION: Waiver of Subrogation applies per attached endorsement WC 04 03 06 04-84. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reser POLICY NUMBER: BAP373645407 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are"insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy less a ther date is indicated below. Endorsement Effective: Countersigned By: r Named Insured: Hardy&Harper, Inc. A _._.:.._� SCHEDULE Name of Person(s) or Organization(s): Any person or organization which is required to be named as a result of a written contract with You and which We have on file via Certificate of Insurance. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 • Policy: BCS0025252 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 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 operations sions apply: when you and such person or organization have This insurance does not apply to: agreed in writing in a contract or agreement that such person or organization be added as an addi- 1. "Bodily injury". "property damage" or "personal tional insured on your policy. Such person or or- and advertising injury"arising out of the render- ganization is an additional insured only with re- ing of, or the failure to render, any professional sped to liability for "bodily injury", "property architectural, engineering or surveying servic- damage" or "personal and advertising injury" es, including: caused, in whole or in part, by: a. The preparing, approving, or failing to pre- 1. Your ads or omissions;or pare or approve, maps, shop drawings, opi- 2. The ads or omissions of those acting on your nions, reports, surveys, field orders, change behalf; orders or drawings and specifications;or b. Supervisory, inspection, architectural or in the performance of your ongoing operations for engineering activities. the additional insured. 2. "Bodily injury" or "property damage" occurring A person's or organization's status as an additional after: insured under this endorsement ends when your operations for that additional insured are com- a. All work, including materials, parts or pleted. 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 subcontrac- tor 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 POLICY NUMBER BCS0025252 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Oigankatiarr ANY PERSON OR ORGANIZATION WI}H WHOM THE INSURED HAS AGREED TO WAIVE RIGHTS OF RECOVERY, PROVIDED SUCH AGREEMENT IS MADE IN WRITING AND PRIOR TO TEE LOSS Of no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV—COMMERCIAL GENERAL LIABILITY CONDITIONS) Is amended by the addition of the following: 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 contras 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 0410 93 Copyright.Insurance Sevices Office. Inc., 1992 Page 1 of 1 El WAIIICR!* •MtA!ksI M•I( L W RIGHTS OF HE('0V'ERY AGAINST OTHERS TO US THIS ENDORSEMENT CHIMES THE POLICY. PLEASE READ IT CAREFULLY. !'UtIL'1'\O FF'?.DATE OF P()1. IlxP.!ATV Ot POL 1 F1.DATE OF END AGENCY M) i AL11)°!.PR M. Rit1 RN 17 1.• BAP373645407 , 10/01/11 10/01/12 _,•.•_. ____—____.... Named Insured Hardy&Harper Inc., Address(including ZIP Cnde I yV This endorsement modifies insuranc:c provided ay Ilrc t'o11++++iil;: liminess(Auto Coverage Part Truckers{.11►'Ct'slpc Pan {.garage(:overage Part • SCHEDULE Name of Person or Organization: Only those persons or organizations for whom you are required to waive your rights or recovery under the terms of a written contract. We w°aj% and rigid of recovery we may have ag,rirst the designated person or organization shown in the schedule hecau�e of payment,.we make for injury or damage cau.rd by an"accidcn;''or"loss"resuitin2 from the ownership, maintenance.nr use of a covered "auto' by %hide a Waiver of Subrogalinn is required in conjunction with work performed by you for the designated neuron or organization.The wa' ,upplitc only to the designated person or org,Initntiun shown in the Schedule. Countersigned / ... .... Authorized Repres,dintartive 10-C7A-.12I1-A (C:W)(-1/Q2) wooer:t::,6' WORKERS'COMPENSATION AND EMPLOYERS''LIABILITY INSURANCE POLICY WC 04 03 0$(Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is Indicated below. (The following°attaching clause'need be completed only when this endorsement is Issued subsequent to preparation of the policy.) This endorsement,effective on at 12:01 A.M.standard time,forms a part of (DATE) Policy No. WC373645307 Endorsement No. of the ZURICH AMERICAN INSURANCE COMPANY (NA NSURANCE COMPANY) issued to Premium(If any)$ INCLUDED Auth Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described In the Schedule. The additional premium for this endorsement shall be 0% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS AND/OR ORGANIZATIONS THAT REQUIRE A ALL.CALIFORNIA OPERATIONS WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS,THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION WC 252(4-84) WC 04 03 08(Ed.4-84) Pass 1 of 1 POLICY NUMBER: BCS0025252 COMMERCIAL GENERAL LIABILITY CO 20 37 07 04 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 Organ.zation(s): Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION ILL LOCHT:Ox5 WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT, EXECUTED PRIOR TO THE "OCCURRENCE" 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 0704 II•ISO Properties, Inc., 2004 Page 1 of 1 • ADDITIONAL INSURED JEWMRSIEMENI COMPREHENSIVE GENERAL LIABILITY Hardy&Harper, Inc. 1312 E.Warner Ave. Santa Ana, CA. 92705 Name and address of named insured("Named Insured"): Scottsdale Insurance Company 8877 North Gainey Center Dr. Scottsdale,AZ. 85258 Name and address of Insurance Company("Company"): OFFICIAL TITLE OF PROJECT:ARTERIAL&LOCAL STREET RESURFACING PROJECT NO. ST1102&ST1103 Notwithstanding any inconsistent statement in the policy to which this IfafitatIffilifiViiKattached (the"Policy")or in any kiXhitikeriblialkiw 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.-Subject to policy wording. 6. The policy to which this XMJCONItrittatfuldtached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30)days prior to the effective date thereof In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction,interpretation,and enforcement of this contract of insurance. 9. This lidetailighltXtlici all notices given hereunder shall be sent to Public Agency at Page D-58 City Engineer City of Seal Beach 211 8th Street,2nd 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 M4dld4ifdbireiittached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF$1 M Each Occ THIS ENDORSEMENT ATTACHES FROM/TO 07/01/11 -07/01/12 LIABILITY$10M Each Occ Excess 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: **® Contractual Liability-Subject to policy wording 1) Explosion Hazard O Owners/Landlords/Tenants ® Collapse Hazard ® Manufacturers/Contractors ® Underground Property Damage it Products/Completed Operations 0 Pollution Liability **0 Broad Form Property DamageTerm no longer used in CGL policy° Liquor Liability ❑ Extended Bodily Injury 0 O Broad Form Comprehensive 0 O General Liability Endorsement 12. A ® deductible or 0 self-insured retention (check one) of $ Deductible:$0 applies to all coverage(s)except: _ (if none,so state). The deductible is applicable 0 per claim or❑ per occurrence(check one). 13. This is an 23 occurrence or 0 claims made policy(check one). 14. This MItilatfilidtAiMfective on at 12:01 A.M.and forms a part of Policy Number BCS0025252 . I, Kevin Bogart (print name),hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to UM complete this form Executed May 4th / ,2012 • Signature o uthorized i'z entative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( 714 ) 505-7000 Page D-59 ADDITIONAL INSURED E44BORSEMENT AUTOMOBILE LIABILITY Hardy& Harper Inc. 1312 E.Warner Ave.Santa Ana,CA.92705 Name and address of named insured("Named Insured"): Zurich North America,Captives&ART Solutions 1400 American Lane,Tower 2, Floor 10 Schaumburg, IL.60196 Name and address of Insurance Company("Company"): • OFFICIAL TITLE OF PROJECT:ARTERIAL&LOCAL STREET RESURFACING PROJECT NO. STI102&ST1103 Notwithstanding any inconsistent statement in the policy to which this XeRli tlai iU is attached(the "Policy')or in any XtidOttnetraIMOW or hereafter attached thereto,it is agreed as follows: The City of Seal Beach,its elected officials,officers,attorneys,agents,employees,and volunteers are additional insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 1. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 2. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 4. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreements)or permit(s)designated above,between the Named Insured and the Additional Insureds. 5. The policy to which this XIOX:01,01008Xattached 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 XlatteltkliMii 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 Page D-61 7. Except as stated above and not in conflict with this 191XletalloIMICIthing contained herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this ltffd0S XAMA . ttached. TYPE OF COVERAGES TO WHICH POLICY PERIOD 10/01/11 - 10/01/12 LIMITS OF $1,000,000 CSL THIS Y£XEy0IMIERUNIXACHES FROM/TO LIABILITY Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: El Any Automobiles 0 Truckers Coverage ❑ All Owned Automobiles 0 Motor Carrier Act E Non-owned Automobiles ❑ Bus Regulatory Reform Act E) Hired Automobiles 0 Public Livery Coverage O Scheduled Automobiles ❑ O Garage Coverage 0 11. A 0 deductible or 0 self-insured retention (check one)of S applies to all coverage(s)except: (if none,so state). The deductible is applicable 0 per claim or 0 per occurrence(check one). 12. This is an®occurrence or 0 claims made policy(check one). 13. This Mllfet ifitilblMeffective on at 12:01 A.M. and forms a part of Policy Number BAP373645407 • I, Kevin Bogart (print name), hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to complete this form Y• Executed May 4th ,20 12 afore of Au tined Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( 714 )505-7000 Page D-62