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HomeMy WebLinkAboutAGMT - Charles King Company (Ocean Ave Alley Waterline & Sewer)RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder NO FEE Iflll, i III'il III IIIII011{ IINI VIII JIII Illlf IIIINIIII IINI'III I I III!II', * 8 R 0 0 0 6 9 0 6 3 7 9 8 2014000332576 2:54 pm 08118/14 143 423 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 V1l Space of above this line for Recorder's use. No Recording Fee Pursuant to Government Code Section 6103, 27383 * * ** I� NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 — 8th Street Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on May 1 2014. The work was Ocean Avenue Alley Waterline and Sewer Replacements Project. No. WT1401. 6. The name of the contractor(s), if any, for such improvement was: Charles King Company. The date of the Contract Award was August 26, 2013. 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: Old Town City of Seal Beach. Date: a )Z (� n lo!P 1 3::�o Director of Public Works, City of SqA Beach Signature of owner or corporate orfiicer 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 pen Ity of perjury the foregoing is true and correct. Executed on g 712 / N , 2014, at Seal Beach, California. . (Date ot Signature) / of Public Worfcs, City of $eAl Beach PUBLIC WORKS AGREEMENT FOR OCEAN AVENUE ALLEY WATERLINE AND SEWER REPLACEMENTS PROJECT FROM 1ST TO 6TH STREET CIP NO. WT1401 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 V Charles King Company 2841 Gardena Avenue Signal Hill, CA 90755 (562) 426 -2974 (562) 426 -9714 - FAX THIS AGREEMENT is made as of August 26, 2013, by and between the City of Seal Beach, a California charter city ( "City'), and Charles King Company, a General Contractor ( "Contractor'). 1 of 9 RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Ocean Avenue Alley Waterline and Sewer Replacements Project No. WT1401 from 1 st Street to 6th Street ( "Project ") with respect to design criteria; and B. WHEREAS, Contractor has submitted a bid to City for the Project dated August 13, 2013 in the amount of $944,825.00 ( "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 August 26, 2013 (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 $944,825.00, 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 3of9 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. Automobile Liability. 6.1.2 Exhibit D -2: Additional Insured Endorsement - 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. 11185) covering Additional Insured — Owners, Lessees or Contactors (Form B). 5of9 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. 6.4 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: 6.5.11 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. 6of9 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 $2,000.00 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. 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. 7of9 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: Charles King Company 2841 Gardena Avenue Signal Hill, CA 90755 Telephone: (562) 426 -2974 Fax: (562) 426 -9714 Attn: Debra King 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 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 WA 9102M) I I M Attest. By: nda Devine, City Clerk Approved as to Form: By: 1ui " / nn M. Barrow, City Attorney 9 of 9 CONTRACTOR: By: Name: Debra King Title: President Name: Title: 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.) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Recorded in Official Records, Orange County Hugh Nguyen, Clerk- Recorder 11II 1111 II1I1[1I1111 11111II III111 PI[ 1I111I NO FEE II11 I 2013000519307 3:14 pm 09104113 47 422 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 M Space of above this line for Recorder's use. No Recording Fee Pursuant to Government Code Section 6103, 27383 NOTICE OF COMPLETION �[[ Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 — 8th Street Seal Beach CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on June 17, 2013. The work was Ocean Avenue Alley Waterline and Sewer Replacements Proiect. No. WT1201. 6. The name of the contractor(s), if any, for such improvement was: Charles King Co. The date of- the_ Contract Award- mlas.December -10.- 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: Alley North of Ocean Avenue between 6`h Street to Main Street. Date: g Z Director of Public Wor s, City of Sea each Signature of owner or corporate offidOr 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 ou %n kncw.!edge. I declare under penalty of perjury the foregoing is true and correct. Executed on 5IZ42 / S LA 2013 at Seal Beach, California. (Date of Signature) Director of Public Works, City of Se B ach PUBLIC WORKS AGREEMENT FOR OCEAN AVENUE ALLEY WATERLINE AND SEWER REPLACEMENTS PROJECT CIP NO. WT1201 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Charles King Company, Inc. 2841 Gardena Avenue Signal Hill, CA 90755 (562) 426 -2974 (562) 426 -9714 - FAX THIS AGREEMENT is made as of December 10, 2012, by and between the City of Seal Beach, a California charter city ( "City "), and Charles King Company, Inc., a General Contractor ( "Contractor"). 1 of 9 RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Ocean Avenue Alley Waterline and Sewer Replacements Project No. WT1201 ( "Project ") with respect to design criteria; and B. WHEREAS, Contractor has submitted a bid to City for the Project dated November 28, 2012 in the amount of $715,000.00 ( "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. 2of9 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 December 10, 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 $715,000.00, 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 3of9 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 4of9 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 Commercial General Liability. Automobile Liability. 6.1.2 Exhibit D -2 Additional Insured Endorsement Additional Insured Endorsement 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). 5of9 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. 6.4 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 of 9 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 $2,000.00 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. 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. 7of9 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: Charles King Company, Inc. 2841 Gardena Avenue Signal Hill, CA 90755 Telephone: (562) 426 -2974 Fax: (562) 426 -9714 Attn: Debra King 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 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 By: Jill R. Ingram, aCityAager Attest: r By: ` L nda Devine, City Clerk Approved as to Form: CONTRACTOR: By: Ch&V[r4 ktvta Co- Lyw. Name: Title: 1,e-6 vA klrtii (F>V-eSIG� {> Name: Title: By: &Z4�1 inn M. Barrow, City Attorney 9of9 EXHIBIT A FAITHFUL PERFORMANCE BOND EXHIBIT B PAYMENT BOND EXHIBIT C WORKERS' COMPENSATION INSURANCE CERTIFICATE EXHIBIT D -1 ADDITIONAL INSURED ENDORSEMENT (COMMERCIAL GENERAL LIABILITY) FXHIRIT n -9 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.) PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT EXECUTED IN TRIPLICATE TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE Bond No. 024047204 Bond Premium $9,071. 00 PERFORAIANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that WHEREAS the City of Seal Beach, has awarded (Name and address of Contractor) ( "Principal "), a contract (the "Contract ") for the work described as follows: Ocean Avenue Alley Waterline and Sewer Replacements Project, CIP9 WT1201 WHEREAS, Principal is required under the terms of the Contract to famish a bond for die faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and The 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 firmly bound unto the Public Agency in the penal sum of SEVEN HUNDRED FIFTEEN L ouars (S / 1:] UUO.0U * * * * * * * * * * * * * * * ** 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 fights of a party hereto. 7N 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 -99 Dated:December 17, 2012 °Princ�pa]" Charles Ring Company, Inc. By It ebra R. Ring, President By: "Surety" The Ohio Casualty Insurance Company By: I Ryan S. Mantle, Attorney —in —Fact By Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. Page D -100 California All- Purpose Acknowledgement State of California } County of Los Angeles On before me. personally Notary Public Seal Description of Attached Document Tide or Type of Document: Document Signers) Other than Named Above: Capacity(ies) Claimed by Signer(s) Sarah Criscuolo ❑ Individual �p Corporate Officer: Pres./ Sec /. Tres. ❑ Partner - ❑ Limited O General ❑ Attorney -in -Fact ❑ Trustee O Guardian or Conservator G Other: Signer is Representing: a Notary Public who proved to me on the basis of satisfactory evidence to be the person(X whose name( is /aX subscribed to the within instrument and acknowledged to me that )/ she/OW executed the sarne in )s/her /tyjiX authorized capacity(i&), and that by tXs /her /thXr signature(A on the instrument the person( ,X, or the entity upon behalf of which the person(M 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. WITNESS my hand and official seal. Notary Public Signature umber of Pages: OPTIONAL ❑ Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT N T State of California 1 County of Orange On beforeme, Mary Martignoni — Notary Public Da4 Nate Imen Name arq Tree of fM Onxcr ' personally appeared Ran S. Mantle Name(y) of Sgnerl6) MARY MARTIGNONI COMM.# IV,6 3 = S • NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My Comm. Expires Sept. % 2015 AA 11a Ndary Seal PDO.e who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. WITNESS my hand and official seal. ^ Signatu— J �_ \Jl aya e a ary vwr OPTIONAL Though the information bel w is not required by law . it may prove va /uafa'e to persons relying on the document and could prevent fraudulent removal and reattachment of Ihis form to another document. Description of Attached Document Title or Type of Document: Document Date- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: Ryan S. Mantle ❑ Individual Li Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General _ Bl Attorney in Fact ❑ Trustee ❑ Guardian or Conservator J Other: Number of Pages: Signers Nai ❑ Individual • Corporate Officer — Title(s): _ • Partner — ❑ Limited ❑ General F1 Attorney in Fact TW OI InUmh here ❑Trustee ❑ Guardian or Conservator ❑ Other: RCWTHUMBPRINT OF SIGNER 1 0 1 Signer Is Representing: Signer Is Representing: The Ohio Casualty Insurance Company 02�hT/1Jdua�NOUryh�vn•935G De SWO ne.. PO Bra P. fa'.• Ctw�vw! ��in ,C�Ji3t32nfC•w.w.NalronaPKUrva'9 a�a r590i (bdeer Cab T6FreeIbW8T662T cotlectively called all of the city of FuL and deliver, for and on be is binding upon the )RNEYAS :NOT-VAiIN LESS -IT IS PRINTEI he acts of those named herein, "and they have no authority to American Fire and Casualty Company The Ohio Casualty Insurance Company WestAmerican Insurance Company ND.. i manner and to the exte Liberty Mutual Insurance Company Peerless Insurance Company POWER OF ATTORNEY - SENTS: ThatAmerican Fire 8 Casualty Company and The Ohio Casualty ,Insur lmnce Company is Corporation duty under the laws of the State of M As of New Hampshire; and West American.lnsurance Company is�a'corporaho cant to and by.authonty herein settodhidoes h— ereby. name, wnstifuteand appoi of -. IiA � each individually if there be more thanone named, & true y and as_k act and deed, any and all undertakingsaio`n_ds recogmianceii and o heyhave been duly signed by,the president and attested by the, secretary,ofthe ->nrh- -day of -June 2012 : _:?c w�t(.AN FIAF Ltti INSjt� <�' MSLklf,,'f �ySURANCF wit AkEA /C9 a- 0- 5 Q n "' Nu+fiPMi420 y r �gQ� (y d / 3 ✓' In C_d. ' sGgLT7'GON'eY1 gy1 ks0 �dN4+s:. '- EEN£.t� NG9gNCE GOev Insure Company are corporations duly organized under the laws of assachusetts,.that Peerless Insurance Company is a corporation On duly:organiiedunder the laws of the- State of Indiana (herein m;;LES Mr.MANTLE; RYAN S. MANTLE. - .................. and lawful attorney iafact to make, execute, seal, acknowledge thersurety ob6gatlons;,in pursuance oftliese presents end shall Companies In lheirown proper persons. _ By: porrate ss JIs of theCompanies have been affixed theretothis STATE OF WASHINGTON ss u,eya,y vv. uavenPan, ,vsssmneoecsewry COUNTY OF KING On this tnh- day of Jane 20122 before me personally appeared Gregory W. Daverl who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty,Mutual.Insurance Gompany, The Ohio. Casualty Company, peerless insurance Company and WestAmerican Insurance Company; and that he, as such, being authorized so to do, execute theforegong instrument for the purposes therein contained by signing on behalf ofthe corporations by himself as a dulyautho_nzed_officer IN WITNESS WHEREOF, Ihave hereunto subscribed my name and affixed my notarial seal at Searle, Washington, on the day and year first above written r C E} -0,' ✓ f� y�, I n ' _ rs By: KD Riley; Not Public- . h This Power of Aftomey.is made and executed pursuant to and by authority of the following By -laws and Authorizations of Amencan Fire and Casualty Company, The Ohio Casualty Insurance Company; Liberty.Mutual Insurance Company, WestAmerican Insurance Company and Peerless Insurance Company, whichresol itions are now in full force and effect reading is follows: v ARTICLE IV- OFFICERS - Section 12. Power of Attorney Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President; and subject :2 to such hitationasfine Chairman or the President may prescribe; shall appoint such attomeys -in -fact, as may be necessary to actjn:.behalf of the'- Oarp'oration to make,- execui ;acknowledge and deliver as" surety . any-and all undertakings; do , recognizances and other surety obligations: Such attomeys_in -fact subject to the limitations set forth in their respective- powers ofethimey shall I full'. powerdo.bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal;oftue Corporafion: When so `. executed; such instrurii shall tie asbinding as if signed bythe President and attested to by the Secretary_Anypowe-r or authority granted to any representative or a_omey -in -fact un_det i the provisions of this article may be revoked at any time by the BoaN, the Chairman, the President or by the officer or officers grahi such power or authority. - - - . i.. ARTICLE XIII.- Execution of Contracts - SECTION 5. Su rely Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or I dent: I' and subject to such limitations as the chairman or the president may m y prescribe, shall appoint such attorneys -fact, as maybe necessary to act in behalf of the`Company to make, execute, =I �- seal, acknowledge and deliver as sure ari and, all undertakin s�bonds, J - - i g'. ty y g.. recognlzancesaod other suretyopligatlons Such ^attomeys in- facfsublect to forth in their -, .respective powers of attorney, -shall have full power to bind the_Company by -their signature and execution of any such rostrum �tsand to apaclifhereto the seal of the Company. When so executed such Instruments shall be as bind as if signed tiythee president and attested by the secretary. Certificate.. of Designation_ The Presldenfioithe Company - acting. pursuantto the Bylaws of.the Company, aumonzes,Gregory.W. Davenport;Asslstant Secretary to appoint such: attorney--n-fact as may. be necessary to act on behalf of the Company to make, execute, seal, acknowledge and - deliver as surefy.any and all undertakings, bonds, recognizances and other surety obligations. - - Authorization - :By unanimous consent of the Company's, Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company In connection wtth suretybonds shall be -valid and biding,upon the Company with the same force and effect as though manually affixed:_ I; David M. Carey, the undersigned;, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance. Company, Liberty Mutual Insurance Company, West - American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attomey of whichthe foregoing is a full true and correct copy of the Power of Attorney executed by said Companies, . is in full force and effect and has not been revoked. - _ IN TESTIMONY WHEREOF; I have hereunto set my hand and affixed the seals of said Companies this 17 day of December ,201-2- &vGPN F /RF IN3r14,qqCF \- v' tPn ORtsE 9y4_ iJ .•,Av04,4'p\�m � •• �9a .a�trF 6 yq��,,/,� %J�/ c /� r _ _ _ s o In ewoavoxaro w d901 > i By: n 4Crtt.1i -i Y`fG�ry O�Q40 g Shlfl• '° 19t` / + �+xJONiQ�da 4}� /�f.° 'd� a x SF; 1I. �T David M. Care Assistant oeveta - - - Y�� ✓!Y _ c = POA= AFCC, LMIC, OCIC.. PIC a WAIC - - _ c 1MS_i2873_041012 EXECUTED IN TRIPLICATE Included in Bond No. 024047204 Bond Premium Performance Bond PAYMENT BOND (LABOR .AND MATERLILS) KNOW ALL PERSONS BY THESE PRESENTS that WHEREAS the City of Seal Beach, has awarded to Charles Kin and address of Contractor) ( "Principal"), a contract (the "Contract") for the work described as follows: Ocean Avenue Alley Waterline and Sewer Replacements Project. CfPii WTI 201. Inc. 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 The Ohio Casualty Insurance Comnanv (Name and address of Surety) ( "Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and fumly bound auto the Public Agency in the penal sum of SEVEN HUNDRED FIFTEEN THOUSAND Dollars (s 7 15 , 000. DO************-- this amount being not less than fifty percent (50 %) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall 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 Paste D -102 California All - Purpose Acknowledgement State of California } County of Los Angeles On s' :2, before me, personally o �a� "9eles Cc�lcH �y`�� iui Notary Public Seal Description of Attached Document Title or Type of Document: Document Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer(s) Sarah Criscuolo Individual W Corporate Officer: Pres./ Sec /. Tres. ❑ Partner - ❑ Limited G General ❑ Attorney -in -Fact Ct Trustee ❑ Guardian or Conservator Ci Other: Signer is Representing: a Notary Public who proved to me on the basis of satisfactory evidence to be the person(q( whose name( is /aX subscribed to the within instrument and acknowledged to me that 0�/ she /tom executed the same in )(s /her /tYM authorized capacity(X), and that by 1Xs /her /thXr signature(A on the instrument the person(, or the entity upon behalf of which the person(A 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. WITNESS my hand and official seal. k C Notary Public Signature umber of OPTIONAL ❑ Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited J General Ct Attorney -in -Fact Li Trustee ❑ Guardian or Conservator G Other: Signer is Representing: 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 time 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: December 17, 2012 "Principal" "Surety" Charles Ring Company, Inc. By ^ qLQYgbra R. ing, gy_ President Its The Ohio Casualty Insurance Company By I Ryan S. Mantle, By: Attorney —in —Fact Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attomey -in -fact must be attached. Page D -103 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT ��L`T'{Kk(- CMC`('tY',Ct'S;�(' CY'2�C{�('�rY'w�(` .c'ft Cc+'t'C.i-!' lY'i((GY'� !C. -v,CC - ,�•- ,�_(•- it•.c�•,- State of California County of Orange On Z')�'ZD beforeme, Nary Martignoni 7 Notary Public oat 1Watrben Namo arq Tmcdlre onxxr ' Personally appeared Ryan S. Mantle rlalrels) m sgnenst 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 MARY MARTIGNONI helshe/they executed the same in his/her/their authorized i COMM. # 1947853 Z capacity(ies), and that by his/her/their signature(s) on the Z ° NOTARY PUBLIC - CALIFORNIA; instrument the person(s), or the entity upon behalf of ORANGE COUNTY which the person(s) acted, executed the instrument. My Comm. Expires Sept. 9, 2075 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 0rK Nelclal NOtvy/ - 9350DroWo Aw_PQ &v 3a02•Ctwlanrnn, CA 9131324R-• Prlalroln r)At Mnr5%7 Ren4rC Td,F tA004F6 7 WITNESS my hand and official seat. \/ - l/1121A C / Signatur flace N0lary sed neon sc>,vn, 01 ry PINc OPTIONAL Though the information below is not required by law it may prove valuable to persons mtying on the document and could prevent itaudutenf removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:. Ryan S. Mantle Signers Name: fl Individual ❑ Individual Li Corporate Officer —Title(s): ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Partner — ] Limited O General $I Attorney in Fact F1 Attorney in Fact ❑ Tmstee Ycp d Rwmh horn ❑ Trustee Top o: Ihomb bole J Guardian or Conservator L Guardian or Conservator -) Other: ❑ Other: Signer Is Representing: Signer Is Representing: The Ohio Casualtv 0rK Nelclal NOtvy/ - 9350DroWo Aw_PQ &v 3a02•Ctwlanrnn, CA 9131324R-• Prlalroln r)At Mnr5%7 Ren4rC Td,F tA004F6 7 THIS TOWER OFATTORNEY.IS_NOT VALID'UNLESS IT IS PRINTED 6N-R613ACKGROUND. - - _ - 5428916 - w7his-Power I Attorney fimhs the acts of those named herein, and they. have no authority to hind the Company except in ilu manner and to-the extent herein stated:=. - \. _ CertificaleNo.- - a = : - Amerii Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Peerless Insurance Company WestAmerican Insurance Company -POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of - ,'.the State of Ohlo that LlbertyMUlua1 Insurance Company ls a corporation duty organized under the laws of the Stale of Massachusetts that Pee_dess insuranceCompany is a corporation - .:duly organized under Ne laws:of theState of New Hampshire; and WesfAmeri6WInsurance Company is al corporation duly crgenized.untler the laws of llieState of Indiana (herein . _ collectively calle_Qthe ,'Compames?) .pursuant to and by.aulho_rity herein set forth; does heretiy.name,.constitute and appoint, LES m maNTee; _ernN s: MnNr�e_. ...........: :.................. .. ....... ................................................ _ ........ - .... _ - _ - _ - .- ......... _ ........................ _ _ 'J= . .. ...... ..... ... :.. ................... all of the city of = ..FU1tEBroN state i f - = cA .each individually if there be more than one named,,- its true and lawful attomey -m -fact to make execi seal acknowledge and deliver for-and on its behalf as surety and as its act and deedany and all undertakingsi6onos recogniiancas and other suretyobligations; in pursuance ofthese piesentsand shall - be as binding upon the.Companies as ifthey.have tieen -duly signed by the president and attested by thesecretary of the Companies in their own proper persons. - �i�� � � � �. Vii= .. � - .i - ✓�.'li- � - -. _ - . IN WITNESS WHEREOF, this PowerofAltomey has been subscribed Ufan authorized officer orofficial of the Companies and the corporate seals of theCompanies have been affixed theretothis --11id dayof June ; zotz - = _ `r`�." --✓'"f : - _ - ca ,R wsz w R sonav V A Eq American Fire and Casualty Company The Ohio Casualt Insurance ySFAL /y- _ Co o Liberty MutuallnsuranceCompay d Peeress:nsuranceCompany - WestAmencan Insurance.Company Y y. = 4 {�0p� Ht 7,� .•'0., k1ssxN'�. .yEENE.�- g4NCE COQ C - _ _ _ - I��LC�! - — rp+di.__ - _ _ _ _ a C 9y. Gregory W Davenport, Secrets « � :STATE OF WASHING ss g rY P - ry= p , L (COUNTY OF KING - - - - = - rn - to v On this - 11i day-of of - dune - -,. 2012 before me personally a W m y - pe _ y ppeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary ofArnerican Fire and TLu ?' [CasualtyConi ny LlbertyMUlualllnsuranee Company Thephio Casualty Company,_ Peeress Insurance Company. and West American. Insurance Company_;antl that he; as such being :y -W — c:E d > authorized so to do executethe foregoing instrument for lbe`purposes therein con[ained bysigning on behalf oflne corporations by himself as a'duly authonzed'offi_cec _ C. NIN WITNESS WHEREOF -I have hereunto - subscribed my name and affixed my notarial seal at Seattle Washington, on the day and year first above written.. O BY: LbA= KID Riley-, Not Public -- - " (j_0 ° �.:Thls Power ofAttomey is made and executed pursuant to and by authontypf the following By laws andpulhorizations ofAmencan Fire and Casualty Company; The Ohio Casualty Insurance: T a 0- ;Company,- Lil5ergMulual Insurance Company; WestAmgrican Insurance Company and Peerless Insurance Company, which resolutions are now in full force and effect reading as follows, :5 -- -0 d.;ARTICLE IV- OFFICERS - Section 12. Power of Attorney_ Any officer or other official of the Corporation authorized for thatpurpose in writing by the Chamnan orthe President,, and subject :� d p e, to such.11mltation as the Chairman or the.President may. presci shall 'appoint such attomeys-in fact as-may tie.necessery to act in- behalf of theCorporation to make _execute seal,- :6,-2 E i acknowledge ar_ e- lweras surelyan'i all undertakings, bonds; reoognizances and other surety obligations-.-Such aftomeys in -fact subject to Ne limitations is rth m tneir respecI mjj y .'....powers of attorney shall have full power totiindthe Corppration'by their sgnature and execution of any such instruments and to attachNereto fhe seafofthe Corpomtioh When so' ; _> a O -m executed-such instruments shall tie as binding as if signed by.tha President and attesledto bythe Secreta'ry'. Any power or authority granted to ani representative orattomey-in -fact under -ti C a 0 - t he provisioirsof this article may be revoked at any time by the Board, -the Chairman, the President or by the officer or officers granting suobpower oraulhooty. - " _ m �>.,. 0). ARTICLE XIII:- Execution or Contracts- SECTION 5. Surety. Bonds and Undertakings. Any officer of the Company authorized for that purpose in wnhng by the chairman or the president !'m and subject to such limdahons as the chairman or the president may prescribe, shall appoint such attorneys igfact; as maybe necessary to act in behalf of the Company to makerexecute , O o ? -� seal acknowledge a and delweras sure an ;and all`undsrtakin s, bonds r mzances -arid other sure oRi ations Such atlome s in tactsubject to the limitations . set forth in their; ,� g_ - ty Y 9._ Wig, ty 9_ Y 1 respective powers of attorney shall have full payer .to bind the Company. bytheir signature and execution of any such Ins Wmerits and to adach tnerelo the seal of the Company. - Whenso, executed such instruments shall be as binding as if signed 67the president and attested bythe Secretary i- _- Certificate of Designatioi The Presldentof,the Company _acting pursuant to the Bylaws of.theCompany. authorrzes_Gregory W Davenport Assistant Secretsry to appoint such attomey_in -fact as may be necessaryto ad on behalf of the Company,to make, execute; seat, acknowledge and tlelrver as surety any and all undertakings bonds; recogmzances and other _ Authorization-- By. unanimous consent of the Company's Board of Directors: the Company consents that facsimile or mechanically . reproduced - sgnature of any _assistart secretary of the Company, wherever appearing upon a certified copy of any power of atiomey issued by.lhe Company in connection with surety ";bonds - shalfbe valid and biding'upon the Company with the . same force and effect as though manually affixed:- - - - - - - - t, David M., Carey, the, undersignetl_.AssietantSecretary, of. American Fire and Casualty Company, The Ohio Casualty , Insurance. Company, Liberty.MNual nsorance- Compang:Wesl American Insurance Company: and Peeress Insurance . Company do hereby certify, that the original power of attorney of which the foregeingis a full tine and cor_recf copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. _ _ IN TESTIMONY WHEREOF, I.have hereunto set my hand and affixed the seals of said Companies this -1 dayof " December pp -6 - - - � w41LPN FtRF.4 ,4�SY iN3�R9 $uµaxcaq,H, y�ISURANCfn w5i PNEgrC4 - - .i �- - ` By:? -.^�_ tit Al, s SP 3't �° 100 a Sh;AT, i Dav1dM Carey AssstanCSecrewy _- - wtsrt " POA -AFCC, LMIC, OCIC, PIC B WAIC 112873- 041D12 WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the CITY OF SEAL BEACH has required certain insurance to be provided by Charles King Company, Inc. NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued die policy or policies described below to the following named insureds and that the same are in force at this time.. 1. This certificate is issued to: CITY OP SEAL BEACH, City,Hall, -211 EIGHTH STREET, SEAL BEACI t, CA 90740 -6379. 2. The wSUreds wider such policy or policies are: Travelers Property & Casualty Co, of Amer 3. Worker's Compensation Policy or Policies ui a form approved by die Insurance Conmiissioner of California covering all operations of the named insureds, as follows: POLICY NUMBER EFFECTIVE DATE E,l'PIRATION DATE DTJUB3452N74312 06102/2012 06/02/2013 4. Said policy or policies shall not be canceled, voided or reduced in coverage or lunitsof liability, unless and until thirty days' advance- written notice thereof has been served upon the City Clerk of the CITY OF SEAL BEAC By Its Audioriz eprese17M F v Page D -105 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Charles King Company, Inc. 2841 Gardena Avenue, Signal Hill, CA 90755 Name and address of named insured ( "Named Insured "): Travelers Indemnity Company One Tower Square Hartford, CT., 06183 Name and address of hisurance Company ( "Company "): OFFICIAL TITLE OF PROJECT: OCEAN AVENUE ALLEY WATERLIIN AND SEWER REPLACEMENTS PROIECI' CIP No. WT1201 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, ahomeys, 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 hnsurcds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional hrsureds 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 Ilse 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 flurd -party claims, i.e., in the same nnamer 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 indeomification and/or hold harmless provision(s). contained in or executed in conjunction with file written agreennent(s) or pernnd(s). designated above, between (he Named Insured and the Additional Insureds. 6. The policy (o which this endorsement is attached shall not be.- subject to cancellation, change in coverage, reduction of linni(s (except as Ilse 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 (his notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional.hnsureds, while acting within tine 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 oil behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. R. It is hereby agreed that the laws of die State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: Page D -107 City Engineer City of Seal Beach 211 8th Street, 2n° 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 endomement is attached. TYPE OF COVERAGES TO WHICH POLICYPERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM /TO 03/30/2012 - 03/30/2013 LIABILITY $2,000,000 Agg It. Scheduled items or locations are to be identified on, an attached sheet The following inclusions relate to the above coverages. Includes: xJ Contractual Liability N Owners /Landlords /Terra is ® Manufacturers/Contractors in Products /Completed Operatious J Broad Form Property Damage Pic Extended Bodily Injury Pic Broad Form Comprehensive S General Liability Endorsement al Hzplosioii Hazard 2 Collapse Hazard E Underground Property Damage ❑ Pollution Liability ❑ Liquor Liability 12. A J deductible or ❑ self insured retention (check_ one) of $ $5,000 applies to all coverage(s) except: (if none, so state). The deductible is applicable ❑ per claim or gJ per occurrence (check one). 13. This is at ® occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on 03/30/2012 at 12:01 A.M. and forms it part ofPolicy Nrmrber DT22C03452N743TCT12 1, Bryan Diem (print nine), hereby declare under penalty of perjury under the laws of life 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 January 9 , 20 13 obi Signature tAUt ized Rep .en4s rive (Original signature only; no facsimile signature or initialed signature accented) Phone No.: (714 ) Page D -t08 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Charles King Company, Inc. 2841 Gardena Avenue, Signal Hill, CA 90755 Name and address of named insured ( "Named Insured "): Travelers Indemnity Company One Tower Square Hartford, CT., 06183 Name and address of Insurance Company ( "Company "): OFFICIAL TITLE OF PROJECT: OCEAN AVENUE ALLEY tVATERLINE AND SENDER REPLACEMENTS- PRO.IECrCIP'A'o. WT1201 NnGvithstanrlirrg any iiieonsistentstateutent in the policy to Which this endorsement is attached (tire "Policy') or in airy endorvernent nory or hereafter attached thereto, it is agreed as..fallows :. The City of Sea] Beach, its elected officials, officers, attorneys, agents, employees, and volunteers arc additional insureds (lie above named additional. insureds are hereneter referred -lo as die "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 One Policy. L The insurance coverages afforded the Additional Insureds wider die Policy shall be primary insurance, mid no other insurance maintained -by the Additional hisureds shall be called upon to contribute with [lie insurance coverages provided by the Policy. 2. Each insurance coverage order 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 wider die 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 wider 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 wider 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 mud 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 clamps), or non - renewal except alter written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to [lie effective date thereto. In [lie event of Company's failure to comply with this notice provision, the policy as initially draRed 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, Goa all clamps; losses and. liabilities arising out of or incident to die 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 of 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 Sth Street, 2i' Floor Seal Beach CA 90740 Page D -110 7. Except as stated above and not in conflict wi di this endorsement, nothing contained herein shall be held to waive, alter or extend any of the knits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACIM-S $1,000,000 CSL FROM /TO 03/30/2012-03/30/2013 LIABILITY Scheduled items or locations are to be identified on,an attached sheet. The following inclusions relate to the above coverages. Includes: Ixi Arny Automobiles ❑ All Owned Automobiles ® Non - owned Automobilcs 23 Hired Automobiles ❑ Scheduled Automobiles ❑ Garage Coverage 0 Truckers Coverage ❑ Motor Can ier Act -0 -Bus Regulatory Reform Act. ❑ Public Livery Coverage 0 0 11. A 0 deductible or 0. self - insured retention (check one) of $ applies to al coverage(s) except: none (if none, so state). The :deductible is applicable 0: per claim or 0 per occur ence (check one). 12. This is an ® occurrence or 0 claims made policy (check one). 13. This endorsement is effective.on 03/30/2012 at 12:01 A.M. and forms a part of Policy Number DT8103452N743TCT12 1, (print name), hereby declare Linder penalty of perjmy under the laws of the Slate of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind die Company. wv Executed _ ,t�°��--• January 9, 2013 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: (714 ) Page D -111 CEDE CERTIFICATE OF LIABILITY INSURANCE DAT1j212013 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 - (888)825-4322 Bowermaster & Associates P.O. Box 6026 10805 Holder Street - Suite 350 - Cypress, CA 90630 NAME: Denise Cerna Pac HONE No 714- 733 -6200 219 FAX, No) 714-252-8253 E-MAIL S: dcerna bowermaster.com PR DU ER CUSTOMERIDa:CHAKIN -001 INSURERS AFFORDING COVERAGE NAIC a INSURED Charles King Company, Inc. 2841 Gardena Avenue Signal Hill, CA 90755 - INSURERA:Travelers Indemnity Company GENERAL LIABILITY INSURER B:Travelers Property & Casualty Co of Amer. INSURERC:Chartis Specialty Insurance INSURER D EACH OCCURRENCE INSURER E A INSURER F X COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS .CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL IN R SUBR POLICY NUMBER POLICY EFF MMIDDMYY POLICY EXP MMIODIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X X DT22CO3452N743TCT12 3130/2012 313012013 PREMISES Ea occurrence 8 300,00 MED EXP (Any one person) $ 5,00 CLAIMS -MADE 1XI OCCUR PERSONAL &ADV INJURY $ 1,000,00 - GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS- COMPIOPAGG $ 2,000,000 $ POLICY FXI PROT LOC A AUTOMOBILE UABIUTY AN Y AUTO X X DT8103452N743TCT12 3/3012012 3/3012013 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY(Per person) $ JX ALLOWNEO AUTOS BODILY INJURY(P., accident) $ SCHEDULEDAUTOS HIRED AUTOS PROPERTY DAMAGE (Peracaderd $ $ X NON OWNED AUTOS $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,00 AGGREGATE $ 3,000,00 • B EXCESS LIAB CLAIMS -MADE DTSMCUP3452N743TIL12 3/3012012 3130I2013 DEDUCTIBLE $ X $ RETENTION $ 10,000 B WORKERS COMPENSATION AND EMPLOYERS' ABILITY ANY PROPRIETORIDARTNEfUEXECUTNE YIN OFFICERJMEMSER E %CLUDED? n (Mandate, in NH) NIA X DTJUB3452N74312 6/2/2012 6 @@013 WC STATU} OTH- X WRY LIMBS ER E.L EACH ACCIDENT $ 1,000,08 E L. DISEASE-EA EMPLOYE $ 1,000,000 Let, describe under DESCRIPTION OF( below E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 C Pollution Liability CPL3850939 313012012 3130/2013 Ded:$10,000 /55,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) - See attached page. CERTIFICATE HOLDER CANCELLATION ©1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach tY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN - ACCORDANCE WITH THE POLICY PROVISIONS. 211 8th Street Seal Beach, CA 90740-, - AUTHORIZED REPRESENTATIVE I Y ©1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD DESCRIPTION OF OPERATIONS - Charles King Company, Inc. 2841 Gardena Avenue Signal Hill, CA 90755 City of Seal Beach 211 8th Street Seal Beach, CA 90740- CHAKIN -001 CEDE PAGE 1 OF 1 RE: Ocean Avenue Alley Waterline and Sewer Replacements Project CIP No. WT1201 The City of Seal Beach, its elected officials, attorneys, agents, employees, and volunteers are Additional Insured with respects to General Liability per attached endorsement form CGD2460805. Primary and Non - Contributory included. Waiver of Subrogation applies per attached endorsement form CGD3160704. With respects to Auto Liability per attached endorsement form CAT3530609, Waiver of Subrogation included. Waiver of Subrogation applies to WorkComp per attached endorsement form Named Insured: Charles King Company, Inc. Policy Number: DT22CO3452N743TCT12 Policy Number: 0313012012 to 03/30/2013 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended to include any person or organization that you agree in a 'Written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "propedy damage' or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Pan shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance ", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance"- This endorsement shall not in- crease the limits of insurance described in Section lit — Limits Of Insurance, b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- edy damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: _ I. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications', and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to ,the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non - contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance ". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance ". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG 02 46 08 05 © 2005 The St. Paul Travelers Companies, Inc. 009039 Page 1 of 2 COMMERCIAL GENERAL LIABILITY I- How, when and where the 'occurrence" or offense took place, ii. The names and addresses of any injured persons and witnesses, and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit' and the date received, and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. S. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury' is caused by an offense committed: a. After the signing and execution of the contract or agreement by you, b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 cC 2005 The St. Paul Travelers Companies, Inc. CG 02 46 08 05 Named Insured: Charles King Company, Inc. Policy Number: DT22C03452N743TCT12 Policy Period: 03/30/2012 to 03/30/2013 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — Provisions A. -H. and J. -N. of this endorsement broaden coverage, and provision I. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine tights, duties, and what is and is not covered. A. Broadened Named Insured , B. Extension of Coverage — Damage To Premises Rented To You • Perils of fire, explosion, lightning, smoke, water • Limit increased to $300,000 C. Blanket Waiver of Subrogation D. Blanket Additional Insured — Managers or Lessors of Premises E. Incidental Medical Malpractice F. Extension of Coverage— Bodily Injury G. Contractual Liability — Railroads PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declara- tions is as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership, joint venture or lim- ited liability company, of which you maintain ownership or in which you maintain the major - ity interest on the effective date of the policy. However, coverage for any such additional organization will cease as of the dale, if any, during the policy period, that you no longer maintain ownership of, or the majority interest in, such organization. o= 2. WHO IS AN INSURED (Section it) Item 4.a. is deleted and replaced by the following: o� a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. 009040 H. Additional Insured — State or Political Subdivisions I. Other Insurance Condition J. Increased Supplementary Payments • Cost of bail bonds increased to $2,500 • Loss of earnings increased to $500 per day K. Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M. Personal Injury — Assumed by Contract N. Blanket Additional Insured — Lessor of Leased Equipment 3. This Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by endorsement. B. EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A. BOD- ILY INJURY AND PROPERTY DAMAGE LI- ABILITY (Section 1 — Coverages) is deleted and replaced by the following: Exclusions e, through h. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning, or e. Water. A separate limit of insurance applies to this coverage as described in Section III Limits Of Insurance. CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Pagel of 6 COMMERCIAL GENERAL LIABILITY 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter, c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under COVERAGE A. for the sum of all damages because of 'property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all 'property damage" proximately caused by the same 'occurrence ", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or light- ning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000, or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Paragraph a. of the definition of "insured con - tract" (DEFINITIONS — Section V) is deleted and replaced by the following: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: - fire; explosion; lightning, smoke resulting from such fire, explosion, or lightning; or water, is not an "insured contract"; 5. This Provision B. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section t — Coverages) is excluded by endorsement. C. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; 'your work'; or "your products ". We waive this right where you have agreed to do so as pad of a written contract, executed by you before the "bodily injury' or "properly damage" occurs or the 'personal injury" or "advertising injury" offense is committed. D. BLANKET ADDITIONAL INSURED — MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured ") with whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "property dam- age" occurs or the 'personal injury" or "advertis- ing injury" offense is committed, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to file following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- . ten contract, or the limits shown on the Decla- rations, whichever are less. 2. The insurance afforded to the additional in- sured does not apply lo: a. Any "bodily injury" or 'property damage" that occurs, or "personal injury" or "adver- tising injury' caused by an offense which is committed, after you cease to be a ten- ant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the addiionalin- sured is excess over any valid and collectible Page 2 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 o— o� "other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this insurance must be pri- mary to, or non - contributory with, such 'other insurance ". E. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to paragraph 1. Insur- ing Agreement of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I — Coverages): "Bodily injury" arising out of the rendering of, or failure to render, the fallowing will be deemed to be caused by an "occurrence ": a. Medical, surgical, dental, laboratory, x -ray or nursing service, advice or instruction, or the related furnishing of food or bever- ages, COMMERCIAL GENERAL LIABILITY together with all related acts or omissions in the furnishing of, the services described in paragraph 1, above to any one person will be deemed one "occurrence ". 5. This Provision E. does not apply if you are in the business or occupation of providing any of the services described in paragraph 1. above. 6. The insurance provided by this Provision E. shall be excess over any valid and collectible "Other insurance" available to the insured, whether primary, excess, contingent or on any other basis, except for insurance that you bought specifically to apply in excess of the Limits of Insurance shown on the Declara- tions of this Coverage Part. F. EXTENSION OF COVERAGE — BODILY IN- JURY b. The furnishing or dispensing of drugs or The definition of "bodily injury" (DEFINITIONS — medical, dental, or surgical supplies or Section V) is deleted and replaced by the follow - appliances- ing: C. First aid; or d. "Good Samaritan services." As used in this Provision E., "Good Samaritan ser- vices" are those medical services ren- dered or provided in an emergency and for which no remuneration is demanded or received. 2. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section II) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph 1. above and while acting within the scope of their em- ployment by you. Any "employees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 3. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I — Coverages): (This insurance does not apply to:) "Bodily in- jury" or "property darnage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals com- mitted by or with the knowledge or consent of the insured. 4. For the purposes of determining the applica- ble limits of insurance, any act or omission "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. G. CONTRACTUAL LIABILITY— RAILROADS 1. Paragraph c. of the definition of "insured con- tract" (DEFINITIONS — Section V) is deleted and replaced by the following: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" (DEFINITIONS — Section V) is de- leted. H. ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDIVISIONS— PERMITS WHO IS AN INSURED (Section It) is amended to include as an insured any state or political subdi- vision, subject to the following provisions: 1. This insurance applies only when required to be provided by you by an ordinance, law or building code and only with respect to opera- tions performed by you or on your behalf for which the state or political subdivision has is- sued a permit. 2. This insurance does not apply to: a. "Bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for the state or political subdivision, or CG IN 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 3 of 6 009011 COMMERCIAL GENERAL LIABILITY b. "Bodily injury" or "property damage" in- cluded in the "products- completed opera- tions hazard ". I. OTHER INSURANCE CONDITION. A. COMMERCIAL GENERAL LIABILITY COW DITIONS (Section IV), paragraph 4. (Other Insurance) is deleted and replaced by the fol- lowing: 4. Otherinsurance Page 4 of 6 If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insur- ance is primary, our obligations are not affected unless any of the "other insurance" is also primary. Then, we will share with all that "other insur- ance" by the method described in c. below, I Excess Insurance This insurance is excess over any of the "other insurance ", whether pri- mary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for "your work "; (2) That is Fire insurance for prem- ises rented to you or temporarily occupied by you with permission of the owner; (3) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tempo- rarily occupied by you with per- mission of the owner; or (4) If the loss arises out of the.main- tenance or use of aircraft, "autos ", or watercraft to the ex- tent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Li- ability; or insured under any other policy, including any umbrella or excess I When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of "other in- surance" has a duty to defend the in- sured against that "suit ". If no pro- vider of "other insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of "other insurance ". When this insurance is excess over "other insurance ", we will pay only our share of the amount of the loss, if any, that exceeds the sum of (1) The total amount that all such "other insurance" would pay for the loss in the absence of this in- surance; and (2) The total of all deductible and self- insured amounts under that "other insurance ". We will share the remaining loss, if any, with any "other insurance' that is not described in this Excess Insur- ance provision. c. Method Of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which- ever comes first. If any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method. the share of each provider of insurance is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all providers of insur- ance. B. The following definition is added to DEFINITIONS (Section V): "Other insurance ": (5) That is available to the insured a. Means insurance, or the funding of losses, when the insured is an additional that is provided by, through or on behalf of: Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 a= (1) Another insurance company; (2) Us or any of our affiliated insurance com- panies, except when the Non cumulation of Each Occurrence Limit section of Paragraph 5 of LIMITS OF INSURANCE (Section III) or the Non cumulation of Per- sonal and Advertising Injury limit sections of Paragraph 4 of LIMITS OF INSUR- ANCE (Section 111) applies; (3) Any risk retention group, (4) Any self- insurance method or program, other than any funded by you and over which this Coverage Part applies; or (5) Any similar risk transfer or risk manage - mentrnethod. b. Does not include umbrella insurance, or ex- cess insurance, that you bought specifically to apply in excess of the Limits of Insurance shown on the Declarations of this Coverage Part. J. INCREASED SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and 1.d.. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B (Section I — Coverages) are amended as follows: 1. In paragraph 1.b., the amount we will pay for the cost of bail bonds is increased to $2500. 2. In paragraph 1.d., the amount we will pay for loss of earnings is increased to $500 a day. K. KNOWLEDGE AND NOTICE OF OCCUR. RENCE OR OFFENSE 1. The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of Oc- currence, Offense, Claim or Suit): Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an in- surance, loss control or risk manager or ad- ministrator) designated by you to give such notice. Knowledge by any other "employee" of an "occurrence" or offense does riot imply that you also have such knowledge. COMMERCIAL GENERAL LIABILITY 2. Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' compensation insurer. This ap- plies only it you subsequently give notice of the "occurrence" or offense to us as soon as practicable after you, one of your "executive officers" (it you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice discovers that the "occur- rence" or offense may involve this policy. 3. This Provision K. does not apply as respects the specific number of days within which you are required to notify us in writing of the abrupt commencement of a discharge, re- lease or escape of "pollutants" that causes "bodily injury" or "property damage" which may otherwise be covered under this policy. L. UNINTENTIONAL OMISSION The following is added to COMMERCIAL GEN- ERAL LIABILITY CONDITIONS (Section IV), paragraph 6. (Representations): The unintentional omission of, or unintentional error in, any information providecil by you which we relied upon in issuing this policy shall not prejudice your rights under this insurance. How- ever, this Provision L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws, codes or regula- tions. M. PERSONAL INJURY — ASSUMED BY CON- TRACT 1. The following is added to Exclusion e. (1) of Paragraph 2., Exclusions of Coverage B. Personal Injury, Advertising Injury, and Web Site Injury Liability of the Web XTEND Liability endorsement: Solely for the purposes of liability assumed in an "insured contract ", reasonable attorney fees and necessary litigation expenses in- curred by or for a party other than an insured are deemed to be damages because of "per- sonal injury" provided: (a) Liability to such party for, or for the cost of, that party's defense has also been as- CG D3 16 07 04 Copyright, The Travelers Indemnify Company, 2004 page 5 of 6 009042 COMMERCIAL GENERAL LIABILITY sumed in the same "insured contract "; and (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute reso- lution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d. of SUPPLEMENTARY PAY- MENTS - COVERAGES A AND B (Section I - Coverages) is deleted and replaced by the following: d. The allegations in the "suit" and the in- formation we know about the "occur- rence" or offense are such that no conflict appears to exist between the interests of the insured and the interests of the in- demnitee; 3. The third sentence of Paragraph 2 of SUP- PLEMENTARY PAYMENTS - COVERAGES A AND B (Section I - Coverages) is deleted and replaced by the following: Notwithstanding the provisions of Paragraph 2.b.(2) of Section 1 - Coverage A - Bodily In- jury And Property Damage Liability, or the provisions of Paragraph 2.e.(1) of Section 1 - Coverage B - Personal Injury, Advertising In- jury And Web Site Injury Liability, such pay- ments will not be deemed to be damages for "bodily injury" and "property damage ", or damages for "personal injury", and will not re- duce the limits of insurance. 4. This provision M. does not apply if coverage for "personal injury' liability is excluded by endorsement. N. BLANKET ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured ") with whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "property dam- age" occurs or the "personal injury" or "advertis- ing injury" offense is committed, to name as an additional insured, but only with respect to their li- ability for "bodily injury", "property damage ", "per - sonal injury" or "advertising injury" caused, in whole or in pail, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such additional insured, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract, orthe. limits shown on the Decla- rations, whichever are less. 2. The insurance afforded to the additional in- sured does not apply to any "bodily injury" or "properly damage" that occurs, or "personal injury" or "advertising injury" caused by an of- fense which is committed, after the equipment lease expires. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible "other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this insurance must be pri- mary to, or non - contributory with, such "other insurance ". Page 6 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 Named Insured: Charles King Company, Inc. Policy Number: DT8103452N743TCT12 Policy Period: 03130/2012 to 03/3012013 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or. ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- . age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II, C. EMPLOYEE HIRED AUTO The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — LI- ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION II — LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 06 09 92009 The Travelers Companies, Inc. Page 1 of 4 Includes the copyrighted material of Insurance services Office, Inc. will, its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. In 8.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own. (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract In that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is riot a covered "auto ". D. EMPLOYEES AS INSURED The following Is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any "employee" of yours is an 'Insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto' that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees ", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. (1) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada. (a) You must arrange to defend the "Insured" against, and investigate or settle any such claim or "suit' and keep us advised of all pro- ceedings and actions. (b) Neither you nor any other in- volved "insured" will make any settlement without our consent. (e) We may, at our discretion, par- ticipate in defending the "insured" against, or in the settlement of, any claim or "suit ". 1. The following replaces Paragraph A.2.a.(2), (d) We will reimburse the "insured ": of SECTION 11 — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — LIABILITY COVERAGE. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of lime off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph e. in Para- graph B.7., Policy Term, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDITIONS'. e. Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the (i) For sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "insured" pays with our consent, but only up to the limit described in Paragraph C., Limit Of Insurance, of SECTION it — LIABILITY COVERAGE; (i i) For the reasonable expenses incurred with our consent for your investigation of such claims and your defense of the "insured" against any such "suit', but only up to and included within the limit de- scribed in Paragraph C., Limit Of Insurance, of SECTION II — LIABILITY COVERAGE, Page 2 of 4 © 2009 The Travelers Co rpenies, Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance Services Office„ Inc. with its pennissicnt and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense_ expenses. (2) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess contingent or on any other basis. (3) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, Its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (4) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti. ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto' will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT COMMERCIAL AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph AA.a., Transportation Expenses, of SEC. TION III — PHYSICAL DAMAGE COVERAGE: We will pay no to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for 'Iess" to wearing ap- parei and other personal effects which are: (1) Owned by an "insured" and (2) In or on your covered "auto ". This coverage applies only in the event of a total theft of your covered "auto ". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forlb in Paragraphs A.-Lb. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty, and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss ". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of The following replaces the last sentence of Para- SECTION IV — BUSINESS AUTO CONDITIONS: graph A.4.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized repiesenta- live prompt notice of the "accident' or "loss" ap- However, the most we will pay for any expenses plies only when the "accident" or 'loss' is known for loss of use is $65 per day, to a maximum of to - - $750 for any one "accident ". - (a) You (f you are an individual); CA T3 53 06 09 © 2009 The Travelers Companies, Inc. Page 3 of 4 tncl,rdcs the copyrighted material of Insurance Sorvicos Office Inc. with its permission. COMMERCIAL AUTO (b) A carrier (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident' or "loss ". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident' or "loss ", provided that the "accident' or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error In, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non - renewal. Page 4 of 4 © 2009 The Travelers Companies, Inc. CA T3 53 06 09 Includes fhe copyrighted maferial of Insurance Services Office, Inc. with its permission TRAVELERS AWK J WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) — 001 POLICY NUMBER: DTJUS3452N74312 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be 1 . o % of the California workers compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 0 610 212 01 2 Policy No. DTJUB3452N74312 / Endorsement No, Insured Charles King Company, Inc. L Insurance Company Countersigned by DATE OF ISSUE: ST ASSIGN: - Page 1 of 1 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.15] [Public Contract Code § 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that 1, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars (54,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract` for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as ajoint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non - responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly. awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within Page D -65 three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre - qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate-licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License No.: 738236 Class: —A - Expiration Date: 7/31/13 Date: 12/31/12 t Page D -66 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS (Labor Code § §1720,1773.8, 1775, 1776 ,1777.5,1813,1860,1861,3700) The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter I (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ( "Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 17775 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work.more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract" Date /L Signature �ra 1 g (Pres/ Sec) Page D -114 INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECTOR WORK. • Ocean Avenue A11ey Waterline and Sewer Replacements Pi-oject, CIP# 97I20I Indenxnitor(s) (list all names): Charles Kina Comoanv Inc. To the fullest extent permitted by law, Indernnitor- hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees ") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities "), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above - referenced contract, agreement, license, or permit (the "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision_ Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. 'Udemniter" Name Charles King Company Inc. Name: By: 1.1 . By: ebra King (Pres/ Sec) Page D -115