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AGMT - All American Asphalt (Street Sealing 04/05, #50176)
i- t RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Recorded in Official Records, 0--inge County Tom Daly, Clerk- Recorder 11111111. 1111111111111111111111111111111111111111111111111111111111111111111 NO FEE 200500088960411:06am 11104105 110 27 N12 2 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -�l CITY OF SEAL BEACH Attn: City Clerk 211 8 Street Seal Beach, CA 90740 Space of above this line for Recorder's use. * ** No Recording Fee Pursuant to Government Code Section 6103, 27383 * * ** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 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: City of Seal Beach, 211 8 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 described as completed on October 24, 2005. The work was: Annual Street Seal Pro_rram, Project #50176. 6. The name of the contractor, if any, for such of improvement was: All American Asphalt. The date of the Contract was: April 11, 2005. 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: Annual Street Seal Proeram. Date: 10 7. Ir 4A. 69404 — Signature of owner or corporate o er of owner named in paragraph 2 or his agen . DEPUTY CITY ENGINEER VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on AP Z 6 - d 5 , 20 , at Seal Beach, California. (Date of Signature) Directo of Public Works /City Engineer ExhibitA— Resolution #5382 ,.;"A • RESOLUTION NUMBER 5382 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT NO. 50176 ANNUAL STREET SEAL PROGRAM ENTERED INTO BETWEEN CITY OF SEAL BEACH AND ALL AMERICAN ASPHALT WHEREAS, on April 11, 2005, City of Seal Beach entered into a contract with All American Asphalt, Inc. WHEREAS, the City Engineer has determined that the work has been substantially completed in accordance with the contract documents. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the work required to be performed by said Contractor has been completed. Section 2. That the total cost of said work is in the amount of $55,912.44 Section 3. That the work is hereby accepted and approved. Section 4. It is further ordered that a "Notice of Completion" be filed on behalf of the City in the Office of the Orange County Recorder within 10 days of the date of this resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the 24th day of October , 2005 by the following vote: AYES: I Council Members C 2", NOES: Council Members / Ay ABSENT: Council Members Mayor A TEST: V � City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution is an original copy of Resolution Number 5382 on file in the Office of the City Clerk, passed, approved and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the 24th day of October 2005. G� t iFj Clerk FY: 04/05 STREET SEALING PROJECT 50176 For FY: 04/05 STREET SEALING PROJECT 50176, in the City of Seal Beach. THIS AGREEMENT, made and entered into this day of , 20 , by and between the City of Seal Beach, California, hereinafter referred to as the "CITY," Party of the First Part, and hereinafter designated as the "CONTRACTOR," Party of the Second Part. WITNESSETH: That the Parties do hereto mutually agree as follows: ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said CITY, the CONTRACTOR agrees with said CITY to FY: 04/05 STREET SEALING PROJECT 50176, and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in the Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be furnished by the CITY), and to do everything required by this Agreement and the said Specifications, Drawings, and Contract Documents. ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary works or structures, tools and equipment and doing all the work contemplated and embraced in this - - Agreement, also for all Loss and damage arising_out of the nature of the work aforesaid, or from the action - - of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by said CITY, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be borne by the said CITY and faithfully completing the work and the whole thereof, in the manner shown and described in the said Drawings, Specifications, and Contract Documents and in accordance with the requirements of the Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal. ARTICLE III. The CITY hereby promises and agrees with said CONTRACTOR to employ and does hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same, at the time, in the manner and upon the conditions set forth in the Specifications and Contract Documents, and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. • RTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned rein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are he by incorporated in and made a part of this Agreement. ART LE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby ecifically referred to and by this reference is made a part of this contract. It is further expressly agreed b \ and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE VI. By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above written. II -2 O CITY OF SE • : ;: • H, CALI/IA Party of the 1 r BY � City Manager• ATT., T: t1 . AL..._/ L ,, lerk B �r _ CO 1 RACTOR - Party of the Sec d Part Robert Bradley, Vice President Title Address II -3 • • Bond bIo. 087 85 107 EXECUTED IN THREE (: P PARTS BOND KNOW A1.I, PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded ALL AMERICAN ASPHALT 400 EAST IXTH ST *RONA CA. 92879 (Name and address of Contractor) ( "Principal"), a contract (the "Contract ") for the work described as follows: S _ E • , • ; I PROJECT NO. 50176 --�- -- WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithflil performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and • FIDELITY AND DEPOSIT COMPANY OF 801 NO.' BRAND BLVD • GLENDALE, CA. 91203 ,(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 FIFTY THREE THOU SAND .EIGHT ' HUNDRED FOUR & NO / 10O � I -- than the total Dollars (5, 53,804.00 ), this amount being contract price, in lawful money of the United States of America, for the payment of which sum well and wily 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 her, 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 im 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 ease suit is brought upon this bond, Surety further agrees to pay all count costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code if 2845 and 2549. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof have been duly executed affixed by Principal and Surety, on, the date set forth below, the name of each corporate party being presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. 11-4 • • Dated: June 22, 2005 "Princlpar "Sutcty►► FIDELITY AN FIDELD `'` ' " • F MARYLAND ALL AMERICAN ASPHALT /�- ✓1 li�'` It3 Rober Bradley Z ATTORNEY -IN - FACT Vice President By: OWEN M. BROWN ��' —` Its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. • 11-5 • • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT se �z - eC 9,v: !: •.. tom' . E �� -- 4 SvGo:es<s .... a^ . • s., 9., • 9 State of California 9) County of "R I d/X$ I ss t On SUVie- - 2 4 1 1 .2_005 - .2_005 before me, D011 L T horne 1 {�j 0�arc� Pij � �IG , 9� Dat �',,u., 1 Name and Ttle of O fficer ( e g " JAne Doe, Notary Pu is " personally appeared 01" 2)r i \e , ame(s) of Signer(s) 9 Y CXpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(y) whose name(yf isfare t subscribed to the within instrument and acknowledged to me that he /she/tl executed T,. • THORNE _ _� ; ;: ` i ' 11 ONNAT ti i355.52,0 6 the same in his /lee r -Mt it authorized .� ca and that his /#eNtheir $ i '''. N Pub — Ca6toinia / p Y ( b Y 9� `� 1R% RivOiside � _ signature( 5 on the instrument the person(y), or 91 c 8 2006 = the entity upon behalf of which the personor I , nniiiuiurit► acted, executed the instrument. _9 91 P. WITNESS my hand and official seal. h 064971.41-61 p $'; Signature of Notary Public 7 JJ OPTIONAL 1 I . Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 1 Description of Attached Document ^) • p Title or Type of Document: Ptr- (r1'Z.Oivu. 2- Bard N0 . On 85 ID 7 91 9 Document Date: 10 22 O Number of Pages: 1 - 10(Z. ? Signer(s) Other Than Named Above: Ad Ili a/Y.4 D osi e. 0. of Mar i 9 2: Capacity(ies) Claimed by Signer , 1 Signer's Name: TO r ),e_w-f -13)-racIle9 � RIGHT THUMBPRINT .OF SIGNER Q� ❑ Individual Top of thumb here JJ ' Corporate Officer — Title(s): V Ice— Tres t d 4 ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee 9 f. ❑ Guardian or Conservator ❑ Other: I , Signer Is Representing: A I\ Pr Merl C� As?ha1"f L: - c `E_'��.�ct>c�^` !���c%�:.ti°<'!'� , aim�ti ,:_ _"�i.��r,^�'Z•�'_�ov,,: , n..Z‘: ." ' �� • G�.xc o` ">•_: 3 © 1999 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary org Prod. No. 5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 . III • ©A1>eal ®[Rf;19A AL UPE POSES s.c( I ®IRILEIDONEIX14 State of Caitfomia ,, ss. County of ORANGE On 6 - - before me, BARBARA J. BENDER , Date Name and Tile of Officer (e.g.. Vane Doe. Notary Pubkcl personally appeared OWEN M. BROWN Nmnets) 01 Sigrerte) x 1 personally known to me XXXIMMODLYINKEMiliftgatligiONEMEX ^_ IRMO a to be the person(o) whose name(p) is/as b �, � -" . S3 r ; te - .'4 r subscribed to the within instrument and acknowledged to me that h executed ` -- � t 01181163 COW* A�9 f 3. , =1 j the same In hiss authorized 4 �� �, — ,�, �; _ capacity(ies), and that by his /; •`� signature(f) on the instrument the person(e), or 3 the e upon behalf of which the person(t act: ■ - ecuted the instrument. s� • i .. >Sm' /' eal. / .i /Ai Ard At �� /� % %� OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent traudule removal and reattachment of this form to another document De of Attach D ocument Title or Type of Docxtment PERFORMANCE BOND NO. 087 85 107 ', Document Date: 6 - - Number of Pages9wo (2) Signer(s) Other Than Named Above: ALL AMERICAN ASPHALT I. Capacity(ies) Claimed by Signer , . 4 V 'i tiA Signer's Name: OWEN M. BROWN RIGHTTFiLt.ip PRINT ?2. :OFSIGtaER ❑ Individual Top at thumb here / ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General xl rAttomey -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. 04 Signer Is Representing: FIDELITY AND DEPOSIT COMPANY O. OF MARYLAND t i r rF -, e4--zr ,y. .- air:4, "ci e .•- _.dam - .:-- e. O 1999 National Newry Association • 9350 De Sato Ave.. P.O. Box 2602 • Chatsworth. CA 913132902 • werertatiortalnotawArg Prod. No. 5907 liar- Call Ton-Free 1. 8004766827 BOND NO. 087 • 107 1 EXECUTED IN THREE (3) PARTS PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY MESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded to -- ALL AMERICAN ASPHALT 400 • T H S C•R•NA, • (flame and address of Contractor) ( "Principal"), a contract (the "Contract") for the work described as follows: STREET SEALIN A P • C TY 't•_ ► 1 • ed under the terms of the Contract and the California Civil Code to secure WHEREAS, Principal is regret the payment of claims of laborers, mechanics, materialmcn, and other persons as provided by law. NOW, THEREFORE, wa, the undersigned Principal, and : ►I• 1 •• •u'.► • r d .11 :s ■• : _► • AO in. • g .... • (Name and address of Surety) admitted surety insurer under the laws of the State of California, as Surety, are held and ("Surety") a duly firmly bound unto the Public Agency in the penal sum of FIFTY THREE THOU AND EIGHT HUNDRED FOUR & ►• S• , ($ 53,804.00 this amount being not less than fifty percent (SO%) of the total contract price, ade�We United executors, d:nizaiserators, successors, sum well and truly and assigns, jointly and severally, firmly by these pr esents. 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 be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California nia Civil In Code so as to give a right of action to such persons or their assigns in any suit brought upon case Suit is brought upon this bond, Surety ibrdter agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the COWL 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 t4 be performed thereunder, or the specifications for the same, shall in any way affrct hs obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. 11-6 three (3) IN WITNESS WHEREON 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 bereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "principal" ►. ty " ALL AMERICAN ASPHALT FIDELITY • �! !E'OSIT CLAW? OF MARYLAND �/� By : �l Its Robert Bradley ATTORNEY -IN - FACT By; Vice President By: QwFpj M. "BROWN Its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and . . • evidence of the authority of any person signing as attorney -in -fact must be attached. • • • II -7 • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT .. tc t -P..& ot-r cs . - -. - ..*. <. ...a ., ,<. ,: & - S?.i, .e e �t'.c��.,cY>.,, ��c`v • GGo ,, -, p g State of California ss. 1 County of T.., l 0(S l c b • '1 T a V ora'Thorne, 1lJofur A On Uhf Date �- bef ore me, Date r y� Name and Title of Officer (e.g., "Jane Doe, N ary Public ") �p personally appeared Ot9e.1l L h 0.d � Nam (s) of Signer(s) G; ,{ *ersonally known to me ❑ proved to me on the basis of satisfactory evidence I $ to be the person whose name( islafe ' subscribed to th within instrument and acknowledged to me that he /sley executed : ' ..1*—. ' 0ON.NATHORNE the same in his /t erftiteir authorized _' commission i 1355528 capacity(ies), and that by his /ifier/the1Y ' ? ' N Public— :Caffoniia _' signature ) on the instrument the person(,90, or � T� Riveniide County a the entity upon behalf of which the person ) Z,K re ntimmi =Comm 2008.= acted, executed the instrument. g WITNESS my hand and official seal. P ti''. Signature of Notary Public g OPTIONAL ( .. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent >� ,t�S fraudulent removal and reattachment of this form to another document. Description of Attached Document F g Title or Type of Document: Pa j V €Ard "Bay4 ND. o g 7 85 101 :K -tom Document Date: le ' - OS Number of Pages: 1 l.c..)062 `-, I '. Signer(s) Other Than Named Above: i dk t t A Q.v�ri De fo$ (4 o. o 1c vj�a'^ct •' J F> Capacity(ies) Claimed by Signer Signer's Name: RIGHT THUMBPRINT r � OF SIGNER F / i ❑ Individual \ r Top of thumb here 1 p '- Corporate Officer — Title(s): \I 1 L e - 'P TeS t .4.-- Partner — ❑ Limited ❑ General g El ❑ Attorney -in -Fact r ❑ Trustee El Guardian Guardian or Conservator yl ❑ Other: 1 � L 5 S igner Is Representing: f\ I \ -i IAA,. 1�'5.0,1C�k.T ., i-_,.._,7.,...>,_<>....:.........,.__<.. © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313 -2402 • www.NationalNotary org Prod. No 5907 Reorder: Call Toll -Free 1 -800- 876 -6827 , 1 • CALIFOL ENIOLA ALL-PURPOSE RPOSE AC(ILE®LEI PNENV . ? S t si ?'..:v ?x..: ns: Y r ' 4.-..w ...,.;. + - ,,,.,% • •vs....A <., z • r :- ..,sats4s 3.1. s +. , .; - :w r,, c 4 State of California ss. County of ORANGE 6 -22 -05 before me, BARBARA J. BENDER On Name and T ie of 06ioer ie- g.. 'Jane Ooe. Hotel Date personally appeared OWEN M. BROWN r � • � Name(s) 01 Signers) s sid personally known to me 0' ' ` ,---- .fit e " ` ' ' to be the person(e) whose named) is/� 61496 r subscribed to the within instrument and b' ' acknowledged to me that h executed w , 1 e, / Otasep Comfy if the same in hiss authorized m .j !liar Coma Es .68114. k K. — .. - -r.- • - .,_ --,T.,-.........-.:„-- capacity(ies), and that by his/ lIczLesi 01 signature(0) on the instrument the person(&, or P r the e r ' upon behalf of which the person( - • d, - ecuted the instrument. $; r r , t � SS m AI : d an. �� - r Signature 01 :' :, Public OPTIONAL x1 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 0 Description of Attached Document Tdle or Type of Document: PAYMENT BOND NO . 087 85 107 Document Date: 6 -22 -05 Number of Pages: Two (2) 0. Signer(s) Other Than Named Above: ALL AMERICAN ASPHALT Wi Capacity(ies) Claimed by Signer s, 1 . Signer's Name: OWEN M. BROWN awxxrTHU BRPirrr . A @.siGi, R ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General k - i � xttomey -in -Fact ` q ❑ Trustee ❑ Guardian or Conservator t t ❑ Other. • • Signer Is Representing: FIDELITY AND DEPOSIT COMPANY Q OF MARYLAND •, `'' `is ; r7- r?"M "�' �..... ;: -�',: ar: f " a Vi a , ,4 a. .?" • 0 1999 Malone! Notary Association • 9350 De Soto Awe.. P.O. Box 2402 - Chatsworth, CA 913134402 • www.nahonabtotary.org Rod. No. 5907 Header: Cad Tali-Free 143004376-6627 • 0 • 5ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $_waived_. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of .diifect earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90 %. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of .a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 • • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date he e , dc�s by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and 1, wft R ar � `A oil,tey i act, to make. execute, seal and deliver, for. and on its behalf as surety, and as its act 11 j itC ,�I�eit`Elie El'.. takings, and the execution of such bonds or undertakings in pursuanc ,- F1' lip est, , spats l 13 Sri 0n ipon said Company, as fully and amply, to all intents and purposes. as if the n >li -- xecp4. fd i @k giNk4I ged by the regularly elected officers of the Company at its office in Bal�itn ; r ; `�in4he .y ir - Iili - 4r rse '.` This power of attorney revokes that issued on behalf of Owen M. 4at6i ry fi� 6*3 C r� _ The said Assistant'SEc ar do( r i e"r hat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2. of the By -Lo a; Cov if5any, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of December, A.D. 2004. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND t o DE � " r i J I ` w� , By: Eric D. Barnes Assistant Secretary William J. Mills Vice President State of Maryland ss: City of Baltimore On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above written. ( : \� ''l iI1111 ti Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 POA -F 012 -4160 • • EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice- Presidents, Assistant Vice- Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations. policies, contracts, agreements, deeds, and releases and assignments of judgements. decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice- President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called arid held on the 10th day of May, 1990. RESOLVED: That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall he valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Cornpany, this 22nd day of June 2005 Assistant Secretary • INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION FY: 04/05 STREET SEALING PROJECT 50176 Indemnitor(s) (list all names): To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees ") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities "), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above - referenced contract, - agreement, license, or perrnit=(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 coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.lndemnitor, 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 Indenmitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liablilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor" NameRobert Brame -Y Vice President Name: By: By: is Its II -8 i 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 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ( "Agency ") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcon - tractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Date 6/ Signature 7 • obert Bra• ey, ice President II -9 • • 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 I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below: Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] 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 ($4,500), whichever is greater, or imprisonment in the county jail for not Less than 10 days nor more than six - months; or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non - responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within II -10 • • three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of prequalification questionnaire and fmancial 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.: 267073 Class: A and C -1 2 Expiration date: l/31/06 Date 6/22/05 Signatur31 obe t raciley, ce President II -11 • • INSURANCE REQUIREMENTS FOR CITY OF SEAL BEACH PUBLIC WORKS CONTRACT LIABILITY INSURANCE The Contractor shall at all times during the terms of the Contract carry, maintain, and keep in full force and effect a policy or policies of comprehensive general liability insurance in which the City, along with its City Council and each member thereof, and every officer, official, agent, attorney, employee or volunteer of the City, is the named insured or is named as an additional insured with the Contractor in accordance with Section 7 -3 of the Standard Specifications. The insurance company issuing such policy(ies) must be acceptable to, and approved by, the City Engineer and City Attorney. Contractor shall maintain limits of no less than One Million Dollars ($1,000,000) combined single limit coverage per occurrence for personal injury or death or property loss or damage which may arise from or relate directly or indirectly to the acts, operations or omissions of the performance of the Contractor and/or its subcontractors and/or the employees, agents, officers, officials or volunteers of either, in the performance of this Public Works Contract. Such insurance shall include coverage for all automobiles utilized by Contractor's or any subcontractor's employees or agents in the performance of the Contract. Contractor shall also provide an endorsement in substantially the form set forth below. ENDORSEMENT IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SEAL BEACH, ITS CITY COUNCIL AND EACH MEMBER THEREOF, AND EVERY OFFICER, OFFICIAL, AGENT, ; : EMPLOYEE OR VOLUNTEER OF CITY SHALL BE NAMED AS JOINTLY AND SEVERALLY INSURED AS RESPECTS CLAIMS ARISING OUT OF THE FOLLOWING PROJECT: FY: 04/05 STREET SEALING PROJECT 50176 IT IS FURTHER AGREED THAT THE FOLLOWING INDEMNITY AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE NAMED INSURED IS COVERED UNDER THE POLICY: CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS CITY COUNCIL AND EACH MEMBER THEREOF AND EVERY OFFICER, OFFICIAL, EMPLOYEE, ATTORNEYS, AGENT, AND VOLUNTEER OF CITY FROM AND AGAINST ANY AND ALL LIABILITY OR FINANCIAL LOSS RESULTING FROM ANY SUITS, CLAIMS, LOSSES OR ACTIONS BROUGHT AGAINST, AND FROM ALL COSTS AND EXPENSES OF LITIGATION BROUGHT AGAINST, CITY, ITS CITY COUNCIL AND ANY MEMBER THEREOF, AND ANY OFFICER, OFFICIAL, EMPLOYEE, AGENT, ATTORNEY OR VOLUNTEER OF CITY WHICH RESULTS, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY WRONGFUL OR NEGLIGENT ACT OR OMISSION OF CONTRACTOR OR ANY SUBCONTRACTOR, OR AN OFFICER, EMPLOYEE OR AGENT OF EITHER, OR ANYONE FOR WHOSE ACTS ANY OF THESE MAY BE LIABLE, WHILE ENGAGED IN THE PERFORMANCE OF THIS CONTRACT, EXCEPT WHERE SUCH LIABILITY OR LOSS IS SOLEY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY. THE INSURANCE COVERAGE SHALL APPLY SEPARATELY TO EACH INSURED AGAINST WHOM A CLAIM IS MADE OR SUIT IS BROUGHT, EXCEPT THAT THE INCLUSION OF MORE THAN ONE INSURED SHALL NOT OPERATE TO INCREASE THE LIMITS OF THE COMPANY'S LIABILITY. THE INSURANCE COVERAGE SHALL NOT BE SUSPENDED, VOIDED, CANCELED, REDUCED IN COVERAGE OR IN LIMITS, OR OTHERWISE MATERIALLY CHANGED, UNLESS THIRTY (30) DAYS ADVANCE WRITTEN NOTICE BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED HAS BEEN GIVEN TO THE CITY. THE INSURANCE COVERAGE PROVIDED BY CONTRACTOR AS SET FORTH HEREIN SHALL BE PRIMARY INSURANCE WITH RESPECT TO THE CITY, ITS CITY COUNCIL AND ANY MEMBER THEREOF, AND ITS OFFICERS, OFFICIALS, ATTORNEYS, AGENTS, EMPLOYEES II -12 • • AND VOLUNTEERS. ANY INSURANCE OR SELF - INSURANCE MAINTAINED BY THE CITY, ITS CITY COUNCIL OR ANY MEMBER THEREOF, OR ITS OFFICERS, OFFICIALS, ATTORNEYS, AGENTS, EMPLOYEES AND VOLUNTEERS SHALL BE IN EXCESS OF THE CONTRACTOR'S INSURANCE AND SHALL NOT CONTRIBUTE WITH IT. INSURER WAIVES ANY RIGHT OF CONTRIBUTION WITH SUCH OTHER INSURANCE WHICH MAY BE AVAILABLE TO THE CITY. INSURER WAIVES ALL RIGHTS OF SUBROGATION FOR LOSSES AGAINST THE CITY, ITS CITY COUNCIL OR ANY MEMBER THEREOF OR ITS OFFICERS, OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEER II -13 • • Page Intentionally Left Blank II -14 JUN -23 -2005 THU 10:53 All • FAX NO. • P. 03 WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WREREAS, CITY O1 SEAL BEACH has required certain insurance to be provided by All American Asphalt d �suince c does hereby certify that it has issued the policy NOW THEREFORE, the undersigned company or politics described below to the folloveng namsd insured/ and that the sgma are in force at tbia tune. 1. This certificate is issued to CITY OF SEAL BRACH, Clty Ifs, 211 EIGHTH STREET, SEAL 'MACH, CA 90740 -6379. 2. The insureds under such policy or policies Bore; 3. Worker's Campenaatiou Policy ar Polities in a think approved by the Insurance Comailssiener of California covering operation of the aimed insureds, ss follcwa: POLICY NUMBER ' EFFECTIVE DATE EXPIRATION DATE . 1. - 4. Said policy or pals' advan written notice thereof has been served upon the City Cleric of t unless sad until til thirty days' CITY OF SEAL REA Its Authorized ' e 15 JUN -23 -2005 THU 10:53 AM FAX NO. • P. 04 • ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE cENIl:RAL L1.ASIL1"1'Y All American Asphalt, P.O. Box 2229, Corona, CA 92878 Name and address gemmed insured ("Warned lusarod : Arch Specially Insurance Company, o rd ne• liberty Plaza 53 Floor, New York, NY 10006 Name and addteee of Insuran Company C'Comparry" t OtPic&L TITLE OP PROJECT: FY: 04/05 Street Sealing Project 50176 I+totwithatendmg any nYCOnsiatcat statement in the policy to whioh this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is a>ireed u follows; 1, The City of scat Beae.1� its elected offoials, deem, attorneys, agents, employeca, and volunteers are additional insureds (the above mined additional insureds are hereafter referred to es the "'Additional insureds') under the Policy in relation to those activities described generally above with rogmd to operntious performed by or on behalf of the Named 1nsw+o& The Additional Insureds have re a liabillh' ibr the payment of any premiums or assessments under the Polley, 2. The fneurance coverages afforded the Additional Insureds under the Policy shell be primary insurance, and no other insurance maintained by the Additional inset& shell be called upon to oontributc with the tusurgeee coverages provided by the Policy, 3. gad] frsuraura coverage under The Policy shall apply separately to each Additional Insured against whom claim is :elide or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contrast of insurance shall be commie(' to preclude coverage of a claim by one insured under the policy against another insured under the policy. AU such claims shall covered as third-party claiwa 1,0„ in the same ,Wanner as if separate policies bad been issued to cad: insured. Nothing Contained its this provision shall Operate to lamest of replicate the Company's limits of liability as provided under the policy. 5, The insurance affbnied by the Policy for contractual liability fnrwinee (subJeot to the terms, conditions end exolusi:me applicable to such insurance) Maud= liability assured by 'the Named Insured under the indrennif;ation and/or hold hannlese provision(e) contained in er eeeaated in ooujunc tion wltb the written agreement(s) or permit(s) designated above, between] the Named Insured and the Additional losers& 6, 'The policy to which •dtis endorsement is attached shall not be subject m caneaUation, change to coverage, roduotion of limits (except as the result of the payment of claims), or non - renewal except • after written notice to Public Agency, by certified mail, retum receipt requested, not lass than thirty (30) days prior to the fictive date thereof. In the event of Caropenyle Whoa to comply with Ws notice provision, the policy as initially drafted will pentinue in full force and effect not+ compliance with this notice requirement, 7. Company hereby waives all rights of subrogation and coutribation egtriotrt the Additional Insureds, while acting within the scope of their duties, from all claim', losses and liabilities Maine out of or inaidont to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Nsraed Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8, It is hereby agreed that the laws of the 51410 of California shall apply to and govern the validity, construction, interpretation, end enforcement of this cone'act of insurance. 9. Ibis endorsement and all notices given hcrounder shall be sent to Public Agency et Director of Public Works City of Seal Beach 211 8th Street Seal Beach CA 90740 16 JUN -23 -2005 THU 10:54 AM F NO. P. 05 • 10. Except ea stated above mud not in cvafliot with this endorsement, nothing contained herein shad be held to waive, alter or extend any of the litniu, agreement+, or exclusions of the policy to which this endorsement (s entailed_ L�II i5 F O TYPxr OF COVERAGES TO WHICH POLICY L�OERIOD LTh4 TS F THISp� ORS ��,,,T7ACiT8s _ p oCp 2,, u cc } , a l l lta �A�b� are to b / identified en an attached s h e et� Q �� . a f ollowi ng =m o t 000 egg. s 11. rotate to the above coverages. Includes: Q Contractual liability N Explosion Hazard R ownirrsdtandiordstremints [N Collapse Hazard Damage k p1m /C'rs! 8 Underground D Pollution Liability Q Products /Completed Op tions 0 1,iqu ti Liability 3 131%4 Form Prop Y Dianne ❑ tN Extended Bodily Injury p 6 Broad. rotna Comps dnrsenneat d General Liability too,00a 12, A 0 deductible or 3g self-insured reteatioa (check one) of 5 applies to all cavFra$n(a) , so g (if none, so +t aro), The deductible i9 applicable ❑ per claim or 9 t 'ce (check one). 13, Ibis is en d occurrence or D alai= made poltey (chock one). 14. This endorsement hi effective on S/l / at 12:01 A-M. and forte a pail of Polley Nambet 32 PP053590 '__ Ku1h i_op (pie), hereby I, � under the laws of tho State of California, shu 1 hg"a the nu�Drty to bind he Company under Perry of perjury w execution hate, I do so bind the Company � CompmmY to this �dorsculraat and tbat Y e Executed June 23 ,.__--_' 20 OS ". Q Side of Autho e Rep 0 --- tive (Original signature only; no facsimile signature 1 inftlaled signature accepted) Phone Na.: ( 714) 937 -4270 - — 17 JUN -23 -2005 THU 10:54 AM FAX NO. P. 06 • • /W't/ll ltJN 11 \I7t t 31 Nagel! All American As • hal P. S • .. 7 . • ' • Neste rod address armed insured C'Naeaed ins ' • H artford Fire Insurance Co., P.O. Box 13552 77 Sac ! �� • ' Name and °drives of Insurance C Y x1 FY: 04/05 Street Sealin Project 50176 OFl?ptCAL 7< Olt pltOJFCT+ hr the polity to which this endorsement is attached (the Noesvi e 'ring co t ,stmt a ft epochal dxret . it is agreed as fo are additional of In Seal lta elected els, oltta a employees, i su City of Scat veaoh, named elected *1 ns b, a area, ro �referredto as the "Additionaal lneurrah") under the Otto with reseal to operet>D! perfumed by o r behalf inatuoda (the above named addidorel laatrreda are hemaf3rt of fa relation b to those =Ohio delis nsd In b� s >Y no liability for Ise payment of any pren'iam s of else Named insured. The Addroeael =dot the Policy, q ga 1. The hansom hansom coverages a ged the Additional Insureds under the Policy eba11 be primary insurance, nawo the i and no ether insurance Islamabad by the Additional Inan*eds shall be called upon to cqv Se D ev h iz ea provlan�teamks th Polley ahal apply separately to each Additional Insured against -adorn deice 2. l M o ana° with tesprct 10 die limps of the Cevrpa4l's ii bilib'' le made m suit to brought t shall be construed to ptec1udo coveters of a clans by pee shims, l e., in 3. nu �cy against tb hammed tmdcr this policy. All such alai � covered Pam p , , Le. I n the same mama ea if separate bad bean issued contained in h 0 r° 10 0P ed 0th ee CqD1 F elim y o esce provided nndt>tetlhaonditloas and 4. • In liealr a to web insurance) in cl l abiity b in compaction written by the Policy for indennifcatioa and/or hold hamlets provision(') contained or . ptdthn c odtoc ti Lt with . h n ereement(a) or permit(!) deli above, between he Named a be sub m oe Addition! cbaawe is coverage, S. The policy to which this anent is attached agar change in c o r 1 0 missal= of unite (mart ea the result of the payment of chime), err non - renewal m`o°Pt Public Agency, by certified mall, twos receipt requested, not lase than thirty (30) der prior w ive data thereto. In the event of Company's fell re to comply with this notice provision, p inithilY drafted will continue in full force and effect until compliance with this notico requirement lasateds, what WW1 6. Company h waives all tights of subrogation and contrtbudan avast t) the Additional m incident to the otiv 1 within the aeope of their duties, from all claims, loam lad l es with regard of o Of de p the a by Insured against In relation to these setivities described madly emadly above with eg subsequent active fr passive or an behalf of the Named h aurod regardless of ray prior, negligence by the Additional Insureds. It is hereby agreed that the lawn of the State of California shall apply to and govern the validity, construction, inturprctation, and enthrcereent of this contract of insurance. The oodersement and all notices given betroths shall be dent so Public Agency an • Director of Public Works City of Seal Beach 211 8th Street Seal Beach CA 90740 7. fanner as stated shade and not to conflict exclusions of the polley w herein shall be hold to codes is waive, alter r or r armed any of f the limit*, agreements, gushed. 18 JUN -23 -2005 THU 10:54 AM FAX NO. P. 09 • TYPE OP COVERAGES TO WITCH POLICY PERIOD LIMITS OP THIS ENDORSEMENT ATTACHES FROM/ TO LIA131LI Y Automobile 8/1/04 — 8/1/05 $1,000,000 CSL Scbedulbd items or locations are to be identified on an attached sheet, The following inclusions te1ate to the above coverages, 1ncledea; EXAny Automobiles ❑ Truckers Coverage 0 All Owned Automobiles 0 Motet Carrier Act 4 Non -owned Automobiles 0 Bus Regulatory Reform Act ❑ Hired Automobiles 0 Public Livery Coverage 0 Scheduled Automobiles ❑ ri Garage Coverage 11. A ic deductible or 0 self-1==d retention (check ono) of S 1 O,)110____ applies to all coversge(e) eaoept; (If nonce, so state). The dednotibla is applicable 0 per claim or ❑ per occurrenoe (check ono). 12. This is an DI occurrence or y 0 claims made policy (check one:). 13, 1flff 54'�i ve on 8/1/04 ber at 12:01 A.M. and forms pert of Polley Num (print name), hereby . declar under pone4d k1r%/tiVggder the laws of the State of Callfbxaia, that I have the Authority to bind the Company to this endorsement and that by my exeoutioa hereof,1 do so bind the Company. Executed June 23 , 2t) 05 Signanae ofAuthorized Representative 1 .)« . • _ �f r (Original signature only; no facsimile s gnatore or initialed signature accepted) Phone No.: (714 937 -4270 • 19 JUN -23 -2005 THU 10:54 AM FAX N0, P. 07 is • EXCESS LiAR�I't"Y Appm�ONAL Waif= LNDoA All American Asphalt, P.O. Box 2229, C oron = • tune and "arose of named insured ( "Nam Insured"): (treat American insurance Co., 580 Walnut St, Cincinnati n.. Name and address of Intwar►oe GA''eny (11Cany" 04/05 Street Sealing Pro' act 50176 ornew4 TrrI QV PAOJECTr rs q t is attested (the tat>Bistent statement hi the polity to weed AB which W10101: o Nolwit any ndor any to or hereafter attached thereto, It u "Policy") ode attycndoraementnow employees, and velveteen elected officials, officers, attorneys, egeata, vmp, semi I e l veteen l 'ltd City of Seal Beach, un d its elected are Westin refCod to as the "Additional are additional insureds (OM above armed additional Wards above wide rogue to operations peed by or in relation, to Besse activities described generally no liability wid for the payload nee or under the Policy ed insured. The Additional Insureds on behalf of the Naas sestessmenls under the Policy, other the Policy sits// primary r i ncur n eavan ed by th dd tits al I> ds called upon to contribute wit 'd m Maumee, lieu! Tao r ui��G d161'Ol�y. insurance coverages provided by each gdditianal �t:a� Each insurance coverage under the Polley shall apply separately s liability, 3. except r to die limits of the Company' against whom c� is made of suit is brought excep a shall � construed to preclude coverage of a dam by one q, Nothing in this contract of insurance lien, A11 such plains shall coved ea toad - against another he under the po imaged. ms s 11 covered Nothing coed insured claims, wader the se policy m ar as i£ arate policies bad ban issued to each v,ded die contained p rovisi i.v., !n the sense mane �P art /units ofliabilhy as provided provision stall opetata to increase or replicate the Company's Hecht; bjt to the opens, 5. insurance afforded by the Policy for contractual liability m0e (m ab tl e ot t0 under as, licable to such insurance) includes liability assumed by Named with the der the i d de mnif -td exelon ud / ow told sa provision(e) contained in or executed in conjure cmont t t ) designat above, between the Named Irk and the Additional Iaauteds. ague) or p t be subject to cancellation, change in 6. - The policy to which this endorsement is attached of cairns), or ttac n '� 67 e written coverage, reduot:ion of limits (except as eta result of the payment 30 ee a or to the effective certified mail, return receipt requested, Pot less than thirty ( ) ci !n the ter to notice a dale late thereto, etO . n In by the avant of Company's failure to comply with t1 provisiao+ the p Y dratted will condone is Ml force and effect until compliance with this notice requirement 7, Additional insnrods, 7, Company hereby waives all:i rights of subrogation and contribution against vbblle acting within the scope of their duties, front all olahns, losses end liabilities arisd gg out ohs p fd to e against in relation to those activities described generally above with regard P tone ppd insured f d ate' rior, concurr t, or subsequent active or passives peg fi by of on behalf of the Named Insured ragerdicea of may p the Additional Wands. and govern the validity, B, It is hereby agreed that the laws of the State of California shall apply to eonstmetion, interpretation, and eafercerztent of this senesce of ineutance. 9 This endorsement and all notices given hereunder shall be sent to Public AgoCY at Director of ?ublie'Woke City of Sol Pooh 21.1. $thStreet 20 JUN -23 -2005 THU 10:54 AM FAX NO. P. 08 • • Seal Beach CA 90740 0. Except ae stated above and not in conflict with this endorsement, nothing contained herein shell be bold to waive, alter or extend any of the limits, agreements, or exclusions of the policy to whirls this endorsement is attached. TYPE OF COVERAGES TO WHIG POLICY PERIOD LWIITS OP FROM/TO THIS ENDORSEMENT ATTAC S xccss Liability 8/1/04 — 8/1/05 $10,000,000 ace. /$10,000,000 agg. Wallowing Form Umbrella Liability O. Applicable underlying coverages, 1NSlXRAN O AMOUNT ' coMCOMPANY AMOUNT Arch Specialty Insurance Co. 32G 00 llartford Fire Insurance Co, 72UENGK5491 K2 11. The following iaalusions, exclusion', extensions or specific provisions relate to the above eovcrages: Auto GL 12. A X deduetible or tX self - insured retention (check one) of $ 10,000 _ applies to all oovcrege(s) accept: Of nQ°°' so state). The deductible is applicable Q par chin or X per oceurrcnce (check one). 13, This is MIX occurroaca or Q claUlle mede policy (cheek one). 8/1/04 14. This o at 12:01 A.M. and fbrm� a' of e t effective on _ - -- -- p Policy Number Kathy Lopez _ (print name), hereby declare undo* penalty of perjury under the laws of the State of California, that l have the authority to bind the Company to this endorsement std that by my execution hereof, I do so bind the Company. June 23 05 Executed , 70 Signature emotive (Original signature only; no facsimile signature or initialed signature accepted) PboueNa.: ( 714 937 -4270 21