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Home My WebLink AboutAGMT - General Consolidated Contractors (PD Renovation & Chambers Restroom Upgrade)RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder IIIIIIIIIIVIIIVIIIIIIIIIIIIIIIIIIIIVIIIVIIIIIIIIIIIIIIIIIIIII NO FEE 2010000409877 8:19 am 08/24/10 62 417 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Space of above this line for Recorder's use. I *`* No Recording Fee Pursuant to Government Code Section 6103, 27383 I� NOTICE OF COMPLETION I 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 July 27, 2010 The work was Police Department & Council Chambers Restroom Renovation, Prom. No. BG0801. 6. The name of the contractor, if any, for such improvement was: General Consolidated Constructors. The date of the Contract Award was September 14, 2009. 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: 911 Seal Beach Boulevard, Seal Beach, California 90740. Date: 81 13 /O Signature of owner or corporafofficer of owner named in paragraph 2 or agept. 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 S/ ?_, )b , 2010, at Seal Beach, California. (Date of Signature) Director of P c Works r • • AN AGREEMENT FOR POLICE DEPARTMENT RENOVATION AND COUNCIL CHAMBERS RESTROOM UPGRADE PROJECT CIP. No. BG0801 between p SEA1 s a•. 'as City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 General Consolidated Constructors, Inc. 1325 Pico Street, Unit 102 Corona, CA 92881 (951) 734 -3507 — Phone (951) 734 -3454 - Fax • THIS AGREEMENT is made and entered into this 14th day of September, 2009, by and between the City of Seal Beach, a California charter city ( "City "), and General Consolidated Constructor ' Incorporated a General ( "Contractor "). 57296- 0200 \1073470v8.doc RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Police Department Renovation and Council Chambers Restroom Upgrade Project, CIP No. BG0801 ( "Project ") with respect to design criteria; and B. WHEREAS, Contractor has submitted a bid to City for the Project dated June 23, 2009 in the amount of $648,675.00 ( "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 1.0 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), Worker's 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 therefore, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 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 Agreenient shall prevail. 2 of 9 57296- 0200 \1073470v8.doc • • 2.0 Effective Date. This Agreement is effective as of September 14, 2009 (the "Effective Date "), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 3.0 Payment. For performing and completing the work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of $648,675.00 subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 4.0 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 and employees, servants, designated volunteers, and agents serving as independent contractors in the role of city officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and 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. 3 of 9 S7296- 0200 \1073470v8.doc • 4i 5.0 Indemnification. 5.1 Contractor's Duty. Contractor shall 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 attorney 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 Indemnities for that portion of any Claim to the extent arising from the sole negligence or willful misconduct of the Indemnities. 5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 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 an Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 4 of 9 S 7296- 020011073470v8.doc 6.0 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 and professional negligence which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subconsultants. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D -1: Additional Insured Endorsement - Commercial General Liability 6.1.2 Exhibit D -2: Additional Insured Endorsement - Automobile Liability 6.1.3 Exhibit D -3: Additional Insured Endorsement 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured Owners, Lessees or Contactors (Form B). 6.2.4 Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.2.5 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: $1,000,000 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: $1,000,000 per occurrence for bodily injury and property damage. 5 of 9 S7296- 0200\1073470v8.doe r • 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 or agency 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 or agency 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 or agency 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 or agency officials shall be excess of Contractor's insurance and shall not contribute with it. 6.5.3 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5.4 Each insurance policy required by this clause 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 clause 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:VII 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, 6 of 9 87296- 0200 \1073470v8.doc • • Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 7.0 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 $500.00 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. 8.0 Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Agreement. 9.0 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 of Seal Beach - City Clerk 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: General Consolidated Constructors, Inc. 1325 Pico Street, Unit 102 Corona, CA 92881 Telephone: (951) 734 -3507 Fax: (951) 734-3454 7 of 9 S7296 -0200\1 073470v8.doc 10.0 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. 11.0 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. 12.0 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. 13.0 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. 14.0 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. 15.0 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. (Intentionally Left Blank) 8 of 9 S7296- 0200 \1073470v8.doc • • 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 CONTRACTOR: By: ®�� By: David N. Carmany, City Manager Name: '7 Title: Pre - " "h/ Attest: By: 1 nt Al, I ' I uu By: int a Devine, City Cler< Name: Title: Approved as to Form: By: 0-- - i i I �Z Quinn M. Barrow, City Attorney 9 of 9 87296- 0200 \1073470v8.doc • * EXHIBIT A FAITHFUL PERFORMANCE BOND Exhibit A, Page 1 S7296-0200\1073470v8.doc . Executed in Triplicate • • Bond No. 788882P Bond Premium $8,493.00 PERFORMANCE BOND Premium is for contract term and is subject to adjustment based on final contract price KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded General Consolidated Constructors,Inc. 1325 Pico Street,'Unit 102,Corona,CA 92881—'""` (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: ,bliceDepattment Rem tvp.tj n.and Council Chambersikestroom jjfj radc Projec CIE /:BC4080I. • WHEREAS,Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract, NOW THEREFOR1E,we,the undersigned Principal,and Developers Surety and Indemnity Company 17780 Fitch#200,Irvine;CA • (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in thc penal sum of,Six Hundred Forty-Eight Thousand Six Hundred Seventy-Five and No/100 Dollars($ 648,p75.00 ),this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs. executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the 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 thc 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 bmught upon this bond,Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the courl. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract,or of the work to be performed there under, or the specifications for the same.shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications there under. Surety hereby waives the provisions of California Civil Code§§2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. TN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: September 22,2009 "Principal" "Surety" General Consolidated Constructors,Inc. Developers Surety and Indemnity Company I General Co 'or ated s ru Develprs Surety and Indemni r Company 8y:. ' By:.. 14's Its ame a McCarthy,Attorney-in- act By: ��lts 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. EXHIBIT B CALIFORNIA ALL-PURPOSE ACK�I�NLEDGEMENT State of California > • ss. • County of San Bernardino • • On September 22, 2009 before me, Cynthia J. Young, Notary Public • Name and Title of Officer(e.g.,"Jane Doe,Notary Public") • • Personally appeared Pamela McCarthy • Name(s)of Signer(s) • • • who proved to me on the basis of satisfactory evidence • to be the person whose name is subscribed to the CYNTHIA J.YOUNG within instrument and acknowledged to me that she i ecuted the same in her authorized capacity, • • •• ;: COMM.COAAAA 1806614 z' 4;'$11';'"NOTARY PUBLIC-CALIFORNIAN and that by her signature on the instrument the • ;,--7v SAN 8P.RCfALIO COUNTY person, or the entity upon behalf of which the person • My Comm.Expires July 15,2012 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. • • • • lignatur Notary Public • OPTIONAL • Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent • removal and reattachment of this form to another document. • Description of Attached Document • 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: • • • O Individual O Corporate Officer • RT,THUMBPRINT • Title OF SIGNER • • O Partner -- O Limited O General Top of thumb here • O Attorney-in-Fact : • } O Trustee • O Guardian or Conservator • Other: • • • • • Signer is Representing: • • • • • • • S POWER OF ATTORNEY FOR . DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Jay P. Freeman,Pamela McCarthy, Susan C. Monteon, Frances Lefler, jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED.that the chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship:and that the Secretary or any Assistant Secretary of the corporations be.and each of them hereby is,authorized to attest the execution of any such Power of Attorney: RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st,2008. By: ,,.t'�,A D.�N°. oPANY Q�c•....... Oe O oA' Stephen T.Pate,Senior Vice President F co o- 4 f.fit AG 0p�POg4 �, • 'O Fks� =2G T�yJ BY o�: 1 9 3 6 uui 1967 z Charles L Day,Assistant Secretary ,p • r'a C+ V. • -.,-r�o..!ow,a,•....... o� 44/FOCk* -a State of California County of Orange On January 1st,2008 before me, Christopher J Roach,Notary Public _ Date Here Insert Name and Title of the Officer personally appeared Stephen T.Pate and Charles L.Day Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed to the within instrument and acknowledged to me that he/she/they 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 „0-'''''q... CHRISTOPHER J.ROACH which the person(s)acted,executed the instrument. g t, .,ti• COMM.#1745939 g I . 4 NOTARY PUBLIC CALIFORNIA o I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is `„O ORANGE COUNTY N true and correct. My climpwww;w:triiveitexpires May 19,2011 WITNESS my hand and offi ial seal. Place Notary Seal Above Signature �~'�� Ch• er J.Roach CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,th -day of/(y_7�+y� O'U 631 By: "�, �� Albert Hillebrand,Assistant ecretary ID-1380(Wet)(Rev.07107) • 0 EXHIBIT B PAYMENT BOND Exhibit B, Page 1 57296-0200\1073470v8.doc • • Executed in Triplicate Bond No. 788882P Bond Premium included in Performance Bond PAYMENT BOND (LABOR AND MATERIALS) i{NOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded to General Consolidated Constructors,Inc. . 1325 Pico Street,Unit 102.Corona.CA a 92881 _ (Name and address of Contractor) �._... ("Principal"),a contract(thc"Contract")for the work described as follows: Policerl"J_epariment Renovation and Council Chambers•Restroom U_pgradc Project.CLt#1300801. WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers,mechanics,meterialmen,and other persons as provided by law. NOW THEREFORE,we,the undersigned Principal,and Developers Surety and Indemnity Company 17780 Fitch#200,Irvine,CA 92614 (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 Six I-kindred Forts•-Eight Thousand Six Hundred Seventy-Five and No/100 • Dollars(5 648,675.00 this amount being not less than fifty percent(50%)of the total contract price,in lawful money of the United States of America,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors,and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION iS SUCIJ THAT, if the hereby bounded Principal, his, her or its heirs,executors,administrators,successors or assigns,or subcontractors shall fail to pay any of thc persons named in Section 3181 of the California Civil Code, or any amounts duc 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 hoed,Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time. alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder,or the specifications for the same. shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code§§ 2845 and 2.849. IN WITNESS WHEREOF, two(2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. • • • Dated: • "Principal" "Surety" • General Consolidated Constructors,Inc. Developers Surety and Indemnity Company �.° .-— -, By:i / Y2 / Tts Its Pamela McCarthy,Attorney-in-Fact By .__ By: ,_,- 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. EXHIBIT C CALIFORNIA ALL-PURPOSE ACKI NLEDGEMENT • State of California • • ss. County of San Bernardino On September 22, 2009 before me, Cynthia J. Young, Notary Public • Name and Title of Officer(e.g.,"Jane Doe,Notary Public") • Personally appeared Pamela McCarthy • Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the • �,�•..� CYNTHIAJ.YOUNG within instrument and acknowledged to me that she • ; ' COMM.#1806614 z executed the same in her authorized capacity, • z •.., '- NOTARY PU3UC-CAUFORNIA and that by her signature on the instrument the • NT�� SAN BERgAR6A10 COUNTY My Comm.Expir®s July 15,2012 person, or the entity upon behalf of which the person 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. • • ignatu - .1 Notary Pu� OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 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: ❑ Individual ❑ Corporate Officer RT"THUMBPRINT ' Title OF SIGNER ❑ Partner -- ❑ Limited ❑ General Top of thumb here • ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator Other: • • Signer is Representing: • • • • POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Jay P. Freeman,Pamela McCarthy, Susan C. Monteon, Frances Lefler, jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED.that the chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be.and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st,2008. ' ......'ANp'•,,,�� Stephen T.Pate,Senior Vice President yo:.o�POR4 Ni-4,, s G OPPOR 0 By: �Q$................. OM .a 77 W OCT. a<�? Z� OCT.5 By:�� 0 =o` 1 9 3 6 F.a xi ' W 1967 Charles L Day,Assistant Secretary • ,�,,+° o O w P .�aa,.• p2 G+q�/FOP��P � State of California .''••.,,,,,?k,„ County of Orange On January 1st,2008 before me, Christopher J Roach,Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T.Pate and Charles L.Day Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized CHRISTOPHER J.ROACH 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. S �;x,, COMM.#1745939 E'? NOTARY PUBLIC CAUFORNIA D I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY ro true and correct My comm.expires May 19,2011 WITNESS my hand and official seal. Place Notary Seal Above Signature Ch• er J.Roach CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,thed_07.day of V// By: 0 Albert Hillebrand,Assistant ecretary ID-1380(Wet)(Rev.07/07) • • EXHIBIT C WORKER'S COMPENSATION INSURANCE CERTIFICATE Exhibit C, Page 1 S7296-0200\1073470v8.doc ACORDTM CERTIFICA1•OF LIABILITY INSURASE 9/28/2009 Y' PRODUCER Phone: 909-886-9861 Fax: 909-886-2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Alliant Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 735 Carnl ie Drive HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 20Cr San Bernardino CA 92408 INSURERS AFFORDING COVERAGE . NAIC# INSURED INSURER A:Everest Nat Ins. Co. 0120 General Consolidated Constructors, Inc. INSURER B: 1325 Pico Street, Unit 102 Corona CA 92881 INSURER C: INSURER D: INSURER E: COVERAGES ITHE 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 -TERM1S, ttJEXCLUSIONS AND CONDITIONS OF-SUCH POLICIES.-AGGREGATE -LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR INSRDI TYPEOFINSURANCE I POLICYNUMBER DA EIMM/DDNYE PDATEIMM/DDNYINI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED 7 COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurence) $ CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GENII AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 7 POLICY n PRO- n LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LABILITY EACH OCCURRENCE $ 7 OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE _ $ I RETENTION $ $ A WORKERS COMPENSATION AND 7600001431091 1/1/2009 1/1/2010 X TORY LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1, 0 0 0, 0 0 0 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,0 0 0, 0 0 0 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,0 0 0, 0 0 0 OTHER DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS Re: Council Chambers: 211 Eight Street, Seal Beach, CA 90740. Police Department - 911 Seal Beach Blvd., Seal Beach, CA 90740. . CERTIFICATE HOLDER CANCELLATION*10 Day Notice for Non-Pay SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City of Seal Beach WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE 211 Eigth Street CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Seal Beach CA 90740 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 1 AUTHORIZED REPRESENTAT{, J,kn . ACORD 25(2001/08) 0ACORD CORPORATION 1988 • • IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) s • WO RICER'S COMPENSATION CERTiF1CA'rT;OF INSURANCE; WHEREAS,the CiTY OP SEAL BEACH has required certain insurance to be provided by General Consolidated Constructors,Inc. NOW THEREFORE,the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same ate in force at this time. 1. This certificate is issued to: CiTY OF SEAL REACT-I,City T-iail,211 EiCiiiTH STREET, SEAL. REACT-I.CA 90740..6379. 2. The insureds under such policy or policies are: Workers'Compensation 7600001431091 3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds,as follows: POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 7600001431091 1/1/09 1/1/10 -10 Day Notice of Cancellation for Non-Payment of Premium 4. Said policy or policies shall not be canceled,voided or reduced in coverage or limits of liability, unless and until thirty days' advance written notice thereof has been served upon the City Clerk of the CiTY P SEAL BE i-L J ' fly:.• f _ Its Ai oriz epr scntat.lvc S S EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] Exhibit D-1, Page 1 87296-0200\1073470v8.doc 07/01/2009 10:03 95173434 GCCINC PAGE 04/07 • ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY s /32 Rev S9'.. v�►lr/O'L. ,�N//ame and address of named insured("Named Insured"): Name and address of insurance Company("Company"): I O// OFFICIAL TITLE OF PROJECT:POLICE DEPARTMENT RENOVATION AND COUNCIL CHAMBERS R13S'rROOM UPGRADE PROJECT Cl PM).BGi3'801 Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: 1. The City of Seal Beach, its elected officials,officers,attorneys,agents.employees,and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall he construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.c., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agrcement(s)or permit(s)designated above, between the Named Insured and the Additional insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision. the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named insured regardless of any prior, concurrent,or subsequent active or passive negligence by the Additional Insureds. S. 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. 07/01/2009 10:03 95173434: GCCINC PAGE 05/07 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Engineer City of Seal 13each 21 Rth Street,2nd Floor Scai Beach CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive,alter or extend any of the limits,agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THiS ENDOR.SEM1 NT ATTACHES FROM/TO -�// /2-VU LIABILITY 7///lie/p 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. includes: Contractual Liability Ex losion .�nr Owners/Lan. . .- ollapse Haze) •anufacturers/C i• •• rude un(1 fimper#y Damages ro uct. . -•leted_i s•r Pollution Liability• : ..1d Form Prose Dama_ Liquor Liability Extended Bodily iriytry 6r .. • ., •,.• • • , *ene c '.•' i En{lars. •• f9 12. A deductible or self-insured retention (check one) of$ applies to all coverages)except: _ _ _ (if none, so state). The deductible is applicable per claim or per occurrence(check one). 13. This is an occurrence or claims made policy(check one). 14. This endorsement is effective on_7-d/- 'v q c at 12:01 A.M.and forms a part of Policy Number c'Q 6 141.del 3 5-7e, (print name), hereby declare under penalty of perjury under the laws the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof,i do so bind the Company. Executed 7 - -_—• ,20 d Signature Authorized Representative (Original signature only; no Facsimile signature or initialed signature accepted) PhoneNo.: (5 r )_?iYcLZ pd • i EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] 07/01/2009 10:03 9517343d 4 GCCINC PAGE 06/07 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABi ITY t > tI /3-1 . �,�;,��e � L C.awr , C'/I" 92 aid Name and address of named insured("Named Insured"): . N1B1+C ,I✓nw�t+� — 166So e�/4Ic 5A/►rfr, Les •1jv1 Wes , 64-- �,Q®f Name and address of Insurance ompany("Company"): d OFFICIAL TITLE OF PROJECT:POLICE DEPARTMENT ReNOVATION AND COUNCIL CHAMBERS RESTROOM UPGRADE PROJECT cIP NO.13G0801 Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the "Policy"or in any endorsement now or hereafter attached thereto,it is agreed as,follows: The City of Seal Beach,its elected officials,officers,attorneys,agents,employees,and volunteers are additional insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 1. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 2. Each insurance coverage under the Policy shall apply separately to each Additional insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in - the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 4. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreements)or permits)designated above,between the Named insured and the Additional Insureds. 5. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits(except as the result of the payment of claims),or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested. not less than thirty (30) days prior to the effective date thereto. in the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 6. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. it is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation,and enforcement of this contract of insurance. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Engineer City of Seal Beach 211 8th Street 2"J Floor Seal Beach CA 90740 7. Except as stated above and not in conflict with this endorsement.nothing contained herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this endorsement is attached. 07/01/2009 10:03 9517344 GCCINC PAGE 07/07 TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES PROM/TO LIABILITY Scheduled items or iocntions fire to b e-identifiedbli in attflc e- mat: T e ollowing iiralnsrons relate to- -- - - - the above coverages. Includes: Any Automobiles Truckers Coverage All Owned Automobil Motor Carrier Act lon-owned Autom I - us Regulatory Reform Act 'ired Automobiles Public Livery Coverage Se esu c Automobile Garage Coverage 11. A deductible or self-insured retention (check one) of $ /;6 Gb applies to all coverage(s)C:4ccpt: (if none,so state). The deductible is applicable per claim or per occurrence(check one). 12. This is an occurrence or claims made policy(check one). 13. This endorsement i eff true on —74 2!/P at 12:01 A.M. and forms a part of Policy Number Co 0 2, C9- r'�7 - 1, (print name), hereby declare under penalty or perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that my e ecution hereof,I o so bind the Company. Executed._ 7 2. ,20Z 6 9 Signature of Authorized Representative (Original signature only; no (9.A...44,,simile signature or initialed signature accepted) { Phone No.: �c-( ) �I ' - 7 EXHIBIT D-3 ADDITIONAL INSURED ENDORSEMENT • 41, EXHIBIT D-3 ADDITIONAL INSURED ENDORSEMENT [INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY] Exhibit D-3, Page 1 S7296-0200\1073470v8.doc A' ODI® CERTIRCATE OF LIABILITY INS RANGE DATE(MM/DD/YYYY) • 07/01/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION JACK BECKINGHAM INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1307 W. SIXTH ST STE.A210 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CORONA, CA 92882 INSURERS AFFORDING COVERAGE NAIC INSURED INSURER NAVIGATORS GENERAL CONSOLIDATED CONSTRUCTORS INC INSURER B: FARMERS INSURANCE 1325 PICO ST#102 INSURER C: CORONA,CA 92881 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY______ _ —PER`FAIN,-THEINSURANCE-AFFORDED-BY THE-POLICIES DESCRIBED"HEREIN-IS-SUBJECT•TO ALCTHE TERMS;EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. FFEE INSR INSRD TYPE OF INSURANCE POLICY NUMBER l DATEY(MM/DDC/YY)E PDATEY(MN LIMITS A A GENERAL LIABILITY SF06CGL003576-03 07/01/2009 07/01/2010 EACH OCCURRENCE $ 2,000,000 COMMERCIAL GENERAL LIABILITY Cl/ A E TO RENTED 50,000 PREMISES(Ea occurence) $ El CLAIMS MADE 0 OCCUR MED EXP(My one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEM.AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 POLICY n/ PROJECT n LOC B B AUTOMOBILE LIABILITY 60254-35-93 12/05/2009 12/05/2010 COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ • SCHEDULED AUTOS (Per person) • HIRED AUTOS BODILY INJURY • NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ • ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ _ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ • RETENTION $ $ WORKERS COMPENSATION AND 1O0(0 ITS 1-31R 1+ EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOC TONS/VEHIC_ S XC IL a NS A'DED BY EN I•RSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER IS ALSO LISTED AS ADDITIONAL INSURED, JOB#CIP NO.BG0801 JOB TITLE:POLICE DEPARTMENT RENOVATION AND COUNCIL CHAMBERS RESTROOM UPGRADE PROJECT CITY OF SEAL BEACH 911 SEAL BEACH BLVD. COUNCIL CHAMBERS:211 EIGHTH STREET,SEAL BEACH,CA 90740 SEAL BEACH CA 90740 CERTIFICATE HOLDER CANCELLATION CITY OF SEAL BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 911 SEAL BEACH BLVD. DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN SEAL BEACH CA 90740 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATI JACK BECKINGHAM ACORD 25(2001/08) ©ACORD CORPORATION 1988 • • • POLICY NUMBER' 60254-35-93 - BUSINESS€31APt ERS THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ 4T CAREFULLY. • AD - DESIGNATED N OR ORGANETATION • • This endorsement modifies insurance provided under the Mewing: BUSINESSOWNERS POLICY - - • SCHEDULE' • INANE OF PERSON OR ORGANIZATION• -- - • CITY OF SEAL BEACH 91 1 SEAL- BEACH BLVD . SEAL BEACH, CA 90740 • • • * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. The following is added to Paragraph C. Who is An • insured in the•Businessowners Liability Coverage - Form: - - 4 Any person or organization shorn in the Schad- • - ule is also an insured, but only with respect to . liability arising out of your ongoing operations. • or premises owned by or rented to you. • • • BP 04 48 01 87• Copyrigh$ insurance Services Office, Inc., 1997 Page 1 011 L - 04-43/2009 05:07 95173.4 GCCINC PAGE 01/01 • POLICY NUMBER: SF 0 6 CGL 0 0 3 5 7 6—0 3 COMMERCIAL GENERAL LIABILITY CG 20 10 10 o4 THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • ADDITIONAL INSURED - OWNERS, LESSEES OR • CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY -OF SEAL BEACH 911 SEAL BEACH BLVD SEAL BEACH, CA 90740 (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) • A. Section 11 — Who is'an Insured is amended to (1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to such work, on the project (other than liability arising out of your ongoing operations service, maintenance or repairs) to be performed for that insured. performed by or on behalf of the addi- tional insured(s) at the site of the oov- B. With respect to the insurance afforded to these ered operations has been completed; additional insureds, the following exclusion is or added: 2. Exclusions (2) That portion of "your work"out of which This insurance does not apply to "bodily the injury of damage arises has been injury"or "property damage" occurring after; put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operatiohs for a principal as a part of the same project. CG 20 10 10 01 Sgt) ISO Properties, Inc., 2000 Page 1 of 1 • • EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS Exhibit E, Page 1 S7296-0200\I073470v8.doc • • 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(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 ($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. (1) 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 t• • verifying the license status of any person or contractor and the board failed to respond to the inquiry within 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-lawTincluding,-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.: 562287 Class: B,A Expiration Date: 3-31 -11 Date: • • EXHIBIT F LABOR LAW REQUIREMENTS Exhibit F, Page 1 S7296-0200\1073470v8.doc • 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 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 �i/ C7/4 ' Signature G t'� • INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECT OR WORK: Police Department Renovation and Council Chambers Restroom Up'rade Project, CIP#BG0801. 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 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. "Indemnitor" �� /_-•- Name Name: By: By: Its Its . o ER•ICATE OF LIABILITY IN JRAINCE DATE(MMJDDJYYYY, PRODUCER 05/04/2010 JACK BECKINGHAM INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 1AC BECKINGHAM SIXTH H STN.INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR CORONA, CA 92882 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURED INSURERS AFFORDING COVERAGE NAIC# GENERAL CONSOLIDATEp CONSTRUCTORS INC INSLIREFA, NAVIGATORS 1325 PICO ST#102 InINSURER't?: KgRMERS INSURANCE CORONA, CA 92881 INSURER C. INSURER D. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH LTH S CERTIFICATE MAY BE ISSUED SOR MAY G PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CIAIMS. TYPE OF INSURANCE POLICY NUMBER a ° .i 1' ' r .i�I��11 A A GENERAL LIABILITY SFO6CGL003576-03 07/01/2009 1 07/01/2010 EACH OCCURRENCE $ 2.000,000 Q COMMERCIAL GENERAL LIABILITY igatim 1 l CLAIMS MADE, !� OCCUR T $ 50,000 II MED EXP(Any ono.person) $ 5,000 PERSONAL R ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 • POLICY 4 PRO.IECT I LOG PRODUCTS-COMP/OP AGG 3 1,000,000 B AUTOMOBILE LIABILITY 1 60254-35 93 12/05/2009 i 12/05/2010 ANY AUTO I COMBINED SINGLE LIMIT $ 1,000,000 ALL OWNED AUTOS I (ES axlUenl) E2 SCHEDULED AUTOS BODILY erperINJURY 5 Q HIRED AUTOS (Per person) Q NON-OWNED AUTOS BDDILY INJURY . (Per JfCCldenp nil PROPERTY DAMAGE $ (Pereccklon0 II GARAGE LIABILITY ll ANY AUTO AUTO ONLY-EA ACCIDENT $ OTHEP THAN EA ACC 5 EXCESS/UMBRELLA LIABILITY AUTO ONLY; AGG • OCCUR E CLAIMS MADE EACH OCCURRENCE • DEDUC71BLE $ • RETENTION $ $ WORKERS COMPENSATION AND r EMPL YER$'LIABILITY ■ r r ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.EACH ACCIDENT $ SPECIAL PROVISIONS below EL 015EASE.EA EmpLoY55, OTHER E.L.DISEASE-POLICY LIMIT $ IIIIIIIIII CERTIFICATE HOLDER IS ALSO LISTED AS ADDITIONAL INSURED, 14 JOB#CIp NO,800801 JOB TITLE;POLICE DEPARTMENT RENOVATION AND COUNCIL CHAMBERS RESTROOM UPGRADE PROJECT CITY OF SEAL BEACH 911 SEAL BEACH BLVD. COUNCIL CHAMBERS:211 EIGHTH STREET,SEAL BEACH,CA 90740 SEAL BEACH CA 90740 :ERTIFICATE HOLDER '—" CANCELLATION CITY OF SEAL BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN 9 i 1 SEAL BEACH BLVD, SEAL BEACH CA 90740 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OP LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. _ -AUTHORIZED REPRESENTATIVE ' 1. JACK BECKINGHAM CORD 25(2001/08) 0 ACORD CORPORATION 1988 ACo°® CERTIFIPATE OF LIABILITY INSURICE OP ID KG DATE(MM/DD/YYYY) • 41......■ GENER-3 12/31/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Alliant Insurance Services,Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (Lic-0C36861) HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 35 Carnegie Drive, Ste 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. An Bernardino CA 92408 Phone: 909-886-9861 Fax:909-886-2013 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A' Everest National Insurance Co INSURER B: General Consolidated Constructors Inc INSURER C: 1325 Pico Street Unit 102 INSURER D. Corona CA 92881 ) INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1N K •D.L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE I DATE(MM/DD/YYYY) DATE(MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGt IO HtNIhi) COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurence) $ CLAIMS MADE OCCUR MED EXP(Any one person) $ I PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ —1 POLICY n ECT 1] LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ —1 OCCUR CLAIMS MADE AGGREGATE $ $ 'DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC 5 '1U- 011-1- AND EMPLOYERS'LIABILITY X TORY LIMITS ER A ANYPROPRIETOR/PARTNER/EXECUTIVE 7600001431101 01/01/10 01/01/11 E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED', (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Council Chambers: 211 Eight Street, Seal Beach, CA 90740. Police Department - 911 Seal Beach Blvd., Seal Beach, CA 90740. *30 days N 0 C except 10 days notice for non payment. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITYO10 DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR City of Seal Beach 211 Eigth Street REPRESENTATIVES. Seal Beach CA 90740 AUTHORIZED REPRESENTATIVE J I ACORD 25(2009/01) 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • • - - IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009/01)