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AGMT - Griffith Company (Marina Drive Bridge Replacement)
• , Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder RECORDING REQUESTED BY 111101 IIII1111(11DlIIIIIIIIIIIIII11111 IIIII11111111111111111101111 NO FEE AND WHEN RECORDED MAIL TO 2006000310868 01:25pm 05109106 212 50 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CITY OF SEAL BEACH Attn: City Clerk 211 8th 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 It) Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: L 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 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 November I, 2005. The work was: Marina Drive Bridge Rehabilitation Project 49676. 6. The name of the contractor, if any, for such improvement was: Griffith Company. The date of the Contract was: April 28,2003. 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: Marina Drive Bridge Rehabilitation Project 49676. t� Date: / __ Signature of owner or corporat y.fficer of owner named in paragraph 2 or his ad-nt. 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 .5 ' ' ,20 06,at Seal Beach,California. (Date of Signature) Director o"Director Works Exhibit A � e-nitio .f .. • • ,y,„8 / o3 Pte(1 .. tPr 4; e • CONTRACTOR TO PRINT COMPANY BOOK - II. OF ..111 NAME: CONTRACT DOCUMENTS DOCUMENTS TO SUBMIT UPON AWARD: PUBLIC WORKS CONTRACT ACKNOWLEDGEMENT OF LICENSE LAW PERFORMANCE BOND WORKMEN'S COMPENSATION CERTIFICATE PAYMENT BOND INDEMNIFICATION AND HOLD INSURANCE REQUIREMENTS HARMLESS LABOR LAW REQUIREMENTS FOR: MARINA DRIVE BRIDGE OVER SAN GABRIEL RIVER REPLACEMENT , CITY PROJECT NUMBER: , 1 . - ;. at As-�� i '{i x $ � tal q'F�fi e F y :. ua n k it 6 • 49676 t FEDERAL PROJECT NUMBER: BRLOZA- 5229(001) These Contract Documents are the exclusive property of the Agency and shall not he used in any manner without prior consent of the Agency. Any reuse of these plans and specifications by Others shall be at Other's sole risk and without liability to the Agency. CITY OF SEAL BEACH - 211 EIGHTH STREET -SEAL BEACH, CA 90740 -6379 1 1 • r• BOOK II OF II DOCUMENTS TO SUBMIT UPON AWARD 3 PUBLIC WORKS CONTRACT 4 PERFORMANCE BOND 6 PERFORMANCE BOND 8 INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION 10 AGREEMENT TO COMPLY WITHCALIFORNIA LABOR LAW REQUIREMENTS ' 11 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS 12 INSURANCE REQUIREMENTS ' 14 WORKERS COMPENSATION CERTIFICATE OF INSURANCE 16 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY 17 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY 19 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY 21 • • 2 • PUBLIC WORKS CONTRACT MARINA DRIVE BRIDGE REPLACEMENT OVER THE SAN GABRIEL RIVER PROJECT # 49676 For the following project named MARINA DRIVE BRIDGE REPLACEMENT OVER THE - SAN GABRIEL RIVER, PROJECT # 49676, in the City of Seal Beach, • THIS AGREEMENT, made and entered into this � day of . ' 2 0he j by and between the•City of Seal Beach, California, hereinafter referred to as the of the First Part, • • and . Griffith Company 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 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. - • ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned . . therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are . - hereby incorporated in and made a part of this Agreement. ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is • . hereby specifically referred to and by this reference is made a part of this contract. It is further expressly • agreed by 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 terns 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 • • 4 . • • • DOCUMENTS TO BE EXECUTED AND SUBMITTED BY AWARDEE: ✓ Performance Bond(s) • Payment (Labor and Material) Bond ✓ Insurance Requirements for CITY OF SEAL BEACH ✓ Workers' Compensation Certification ✓ All Certificates of Insurance ✓ Public Works Contract ✓ Warranty Bond (as appropriate) ✓ Statement Acknowledging Penal and Civil Penalties Concerning Contractor's License Laws 3 , • 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. . . - CITY O : ' B H; CALIFO:. i A Party . the Fir • r ✓ ,Ti • B / . • City • a . • TEST . • a ir jerk , _ ��• • - - BY • . - CO • I. ' ? arty of the Second Part , ., Daniel L. Mures V.P. /Division Manager • • Title . . 12200 Bloomfield Avenues, Santa Fe Springs, CA 90670 Address • • • • • • 5 • • . .• ... EXECUTED IN TRIPLICATE Bond No. • • 104011822 . • • Bond Prentium $30,547.00 - PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that • WHEREAS t he City of Seal Beach, has awarded • . • � • . Griffith Company ' . . . . 12200 Bloomfield Avenue • ' Santa Fe Springs, CA 90670 • • • • (Name and address of Contractor) - • ' ( "Principal "), a contract (the "Contract") for the work described as follows: . Marina Drive Bridge Replacement Over the San Gabriel River, Project No. 49676: WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful • performance of the Contract. - - , - . • NOW, THEREFORE, we, the undersigned Principal, and • . Travelers Casualty and Surety Company of America . 21688' Gateway Center. Drive Diamond Bar. CA 91765 ( Name and address of Surety) • . • • ' ( "Surety ") a . duly admitted surety insurer under the laws of the State of California, as Surety :are held and . ' . firmly bound unto the Public Agency in the penal sum of Seven Million Five 'Hundred Eighty Nine Thotisand Eight Hundred Ninety Two and 00 /100 . Dollars ($ 7,589,892.00 ), 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 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 hi full force and effect. - . • • In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' • • fees in an amount fixed by the court. .. . FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, . • alteration, addition or modification to the terms of the - Contract, or of the work to be performed 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 bf the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of • California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party . hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and 6 • CALIFORNIA ALL-PURPOSSCKNOWLEDGMENT • No.5907 rYYltrl 111 l,.Il./lllllllll./ll!!!l!llllll Ill11./lllll!I!!lllll!l.Illllllll./� State of California County of Los Angeles 0 l�l On May 22,, 2003 before me, Karen M. Mayfield, Notary Public k i) DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE.NOTARY PUBLIC"»l personally appeared Daniel L. Nuns 1S NAME(S)OF SIGNER(S) _x personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are • 0 subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized 1 o capacity(ies), and that by his/her/their 8 signature(s) on the instrument the person(s), 8 or the entity upon behalf of which the 8 0 person(s) acted, executed the instrument. + KAREN M. MAYFIELD : WITNESS my hand and official seal. 1 ❑ '�'��s;! • COMM. #7324724 / ^ n ���JJJ i ��l`0111Q NOTARY PUBLIC-CALIFORNIA p I/ � ` ,1 LOS ANGELES COUNTY -4r�\ GG'1 A� QQQ/ 1 C ) 11 1 '^m' My Cemminelon Ergtr®e Nev,®`2095 SIGNATURE OF NOTARY � 0 OPTIONAL 0 IThough the data below is not required by law, it may prove valuable to persons relying on the document and could prevent t1 fraudulent reattachment of this form. 0 1 0 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT + .0 INDIVIDUAL 1 CORPORATE OFFICER 011111 0 TITLE OR TYPE OF DOCUMENT 0 0 TITLE(S) 0 k ❑ PARTNER(S) ❑ LIMITED 0 0 7 GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES 0 A ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR 1 LJ OTHER: DATE OF DOCUMENT 0 SIGNER IS REPRESENTING: l`1 \ NAME OF PERSON(S)OR ENTITY(IES) `11 V. SIGNER(S) OTHER THAN NAMED ABOVE ✓Itrlll!!l1 111 111 1111111 1111.Ill lJllll llllJ-l!llllfllll./!l!JlJ-/ll.Fl��ll�l , ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSE ACOWLEDGMENT • No.5907 State of California County of Orange On 51 &0 (022 before me, Jane Kepner,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Alexis H.Bryan , NAME(S)OF SIGNER(S) ® personally known to me-OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their rt isd JANE KEPNER signature(s) on the instrument the person(s), or the entity upon i3,I COMM. 1 1317519 behalf of which the person(s) acted, executed the instrument. 61 '^" � ' NOTARY PUBLIC•CALIFORNIA p ( ) ORANGE COUNTY "' Comm.Exp.AUG. 11,2005 WITNESS my hand and official seal. Ie/ - / SIGNATURE OF NOTARY . OPTIONAL • Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. • CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL I1 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) • ❑ PARTNER(S) _ LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING; DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 O 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 -0 • . EXECUTED IN TRIPLICATE • • • Bond No. 104011822 - Bond Premium' included in charge.for • . '-the Performance Bond:- • PAYMENTBOND - (LABOR AND MATERIALS) . , --KNOW ALL PERSONS BY THESE PRESENTS that: • - „-,7-WHERE�4S the City of Seal Beach, has awarded-to - •- - ' ,' , ∎ • i '-• Griffith Company - ' 12200 Bloomfield Avenue - Santa Fe Springs', CA 90670 • . (Name and address of Contractor) • ("Principal"), a contract(the"Contract") for the work described as follows: - . Marina Drive Bridge Replacement. Over the San Gabriel- River, Project No. 49676 . . WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to.secure . the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. • • NOW, THEREFORE, we, the undersigned Principal, and • - Travelers Casualt and Su e •• Com.an of Ameica - . • 21688 Gateway Center- Drive .. • - Diamond Bar, CA 91765 .- ' . (Name and address of Surety) • - - - • • ("Surety") a duly admitted-surety insurer under the laws of the State Of California, as Surety, are held and - - firmly bound unto the Public Agency in the penal sum of Seven Million Five Hundred Eighty. - _ Nine Thousand Eight 'Hundred Ninety- Two and 00/100 - - Dollars($ 7,589,892.00 - - 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 SUCH THAT, if the hereby bounded Principal, his,her - - or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to-pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment _ - _ - Insurance Code with respect to work or labor performed under the Contract, or-for any amounts required to _ _ be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance- . - • • Code, with respect to work or labor performed-under the Contract, the Surety will pay for the-same in an - . amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and - •void. - - • This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil - Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In • . case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' - fees in-an amount fixed by the court. - FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the 8 • • Surety, on the date set forth below, the name of each corporate party being hereto affixed and these 'presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: •May 20, 2003 • • "Principal" - •- "Surety" -- Griffith Company • Travelers Casualty aid. Surety Company of America • • B>" ®��� By: _ .a Wi1...1�� /. s r ,p./Division anager Its A torney-in—Fac% Alexis H Bryan Daniel L. Muns 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. • • • • • • • CALIFORNIA ALL•PURPO CKNOWLEDGMENT • No.5907 sfi'-/!JlI!!-II./!-J„/....r_ r,c,c,",!✓!l!!!I.,.,,e ,..- !!!I!!..„C.C. r!!llr.ezo-+!!!!-/JJ!J,.11.�!!!cr t� 1j State of California 0j County of Los Angeles ) {g On May 22p 2003 before me, Karen M. Mayfield. Notary Public ,\ DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Daniel L. Muns NAME(S)OF SIGNER(S) 0 _x personally known to me OR - TI proved to me on the basis of satisfactory evidence Q1 0 to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- 4 o knowledged to me that he/she/they executed 8 0 the same in his/her/their authorized O capacity(ies), and that by his/her/their 8 0 0 signature(s) on the instrument the person(s), 8 or the entity upon behalf of which the kl 0 person(s) acted, executed the instrument. 1 KAREN M. MAYFIELD t WITNESS my hand and official seal. 0 D },,, COMM. #1324724 �,)'j//A �`\ 2 e NOTARY PUBLIC•.CALIFORNIA p v l r / � ,/A ,l LOS ANGELES COUNTY " " ` A / tk 2 My Comml talon€Mpiraa Nov,5,2005 2 SIGNATURE OF NOT ' R 0, OPTIONAL k Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent 1 fraudulent reattachment of this form. kCAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT `\N INDIVIDUAL 1 4 I I CORPORATE OFFICER i1 TITLE OR TYPE OF DOCUMENT 0 TITLE(S)- 1 ,,t1 ❑ PARTNER(S) ❑ LIMITED 01' a� ❑ GENERAL 9. 0 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES 1 n TRUSTEE(S) @ qI GUARDIAN/CONSERVATOR 0 1 I OTHER: 1 DATE OF DOCUMENT 0 (8 SIGNER IS REPRESENTING: - _ 0 (l NAME OF PERSON(S)OR ENTITY(IES) ii0 5 SIGNER(S) OTHER THAN NAMED ABOVE 0 'yI✓I./!!!.�/"c,,--!T!ll..s!Jl..r!!l!�yJ✓!!!!J!!_�JJ..t!!!JI1 1..../Y!I-l!.!!J"llli�I!!>N+� 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 -CALIFORNIA ALL-PURPOSE AC,OWLEDGMENT • No.5907 State of California County of Orange On 5/Q0 (O3 before me, Jane Kepner,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Alexis H. Bryan NAME(S)OF SIGNER(S) ® personally known to me-OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and • acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their ,!R . JANE KEPNER signature(s) on the instrument the person(s), or the entity upon COMM.#1317519 behalf of which the person(s) acted, executed the instrument. r o +8+'- NOTARY PUBLIC•CALIFORNIA ?j p ( ) +t-�- � ORANGE COUNTY Comm.Exp.AUG. 11,2005 WITNESS my hand and official seal. SIGNATURE OF NOTAR OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) • ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 O 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 . Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed.by Principal and Surety, on the date set forth below; the name of each corporate party being hereto affixed and these presents duly signed by its - - undersigned representative(s)pursuant to authority of its governing body. Dated: May 20, 2003 "Principal - "Surety" Griffith Company Travelers Casualty and Surety Company ,of. America vr, By .ei /��� By err S• LAO Daniel L. Muns I -.P./Division Miner ItsA torney-in-Fa4 Alexis H. Bryan 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. , 9 • • • INDEMNIFICATION AND HOLD HARMLESS•AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION . • • TITLE OF PROJECT OR WORK: Mar;ns Dr;ve Bridge Over San Gahr;el River Replacement Indemnitor(s) (list all names): Griffith Company • • • To the;fuliest_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 the City of Long Beach and its elected .officials,"officers, attorneys, agents, employees,- volunteers, successors, and assigns (collectively "Indemnitees'.') from and against any and alldamages, 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 Indemrtitee shall be conclusive in favor of the Indernnitee's right to recover . under this indemnity provision.' Indemnitor-shall pay Indemnitees.for any attorneys fees and coats incurred •in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall • be construed to encornpass•(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 indenmity 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 Indemmitees. 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 Indenmitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint • and several. - • • "Indemnitor" • Name Gr.p//ffiiitt o`pc , Name: �iI/I_S.c By: • By: Its,. iel- L. Munsf, V.P./Division Manager - Its • 10 • . • TRAVELERALTY AND SURETY COMPANY OF IOICA TRAVIKEERS CASUALTY AND SURETY COMP • FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: James A. Schaller, Jeri Apodaca, Linda Enright, Mike Parizino, Nanette Mariella- Myers,Rhonda C.Abel, Stanley C. Lynn,Patricia H. Brebner,Alexis H. Bryan,Leigh McDonough,Jane Kepner, of Irvine, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instnunent(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies,.and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are now in full force and effect: . VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President, any Vice Chairman,any Executive Vice President,.any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. • VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond,recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed)under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: • VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 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The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the. Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. • • • • • • AGREEMENT TO COMPLY WITHCALIFORNIA LABOR LAW REQUIREMENTS • [Labor Code §§ 1 720, 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:although 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 (I) 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. • • 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 May 22 2003 Signature • CAA! hrnsr; V.P./Division Manager • • 11 • • • • 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 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 6r 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 mole 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-andlabor 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 12 • • • • • • • three business days. For purposes of this section, a telephone response by the board shall be deemed - sufficient. Public Contract Code § 20103.5: • - In all contracts subject•to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However; at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of - this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that-the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or , contractor not so licensed shall be subject to all legal penalties imposed by law,.including, but not limited - . to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include.a _ - statement to that effect in the standard form of pre-qualification questionnaire and financial statement.Failure of the bidder to obtain. proper and adequate .licensing .for .an award of a contract shall constitute a failure to execute the contract and- shall result in the forfeiture of the security of the bidder. • License no.: 88 Class: _ ,_ HICExp•ration date 09/30/2004 • • ��/' Date May 22,, 2003 Signature ,/ / •Da lel I.. -Muns, V.P./Division Manager • • • • • • • • • • 13 • • • 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 of Seal Beach and the City of Long Beach, along with its City Councils and each members thereof, and every officer, official, agent, attorney; employee or volunteer of the Cityies, is the named insured or is named as an additional - insured with the Contractor in accordance with the General Provisions. 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 the forms included in Book Il. • • • • • • • • • • • 14 Page Intentionally Left Blank • 15 • • • • WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS,the CITY OF SEAL BEACH has required certain insurance to be provided by Griffith Company • • 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 are in force at this time. 1. This certificate is issued to: CITY OF SEAL BEACH, City Hall, 211 EIGHTH STREET, SEAL BEACH, CA 90740-6379. 2. The insureds under such policy or policies are: Griffith Company 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 WC367660600 12/31/02 • 12/31/03 • • • • • • 4. Said policy or policies shall not be canceled, voided ammeilammtbatimnxontpasoxiiroitxtintixiiiia • unless and until thirty'days' advance written notice thereof has been served upon the City Clerk of the • • CITY(OF SEAL BE C • burp • By: Its Authorized v epresentative - • - • • • • • • • • • • • 16 • • • • ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured: THE CITY OF SEAL BEACH, 211 EIGHT STREET,SEAL BEACH. CA 90740, and THE CITY OF LONG BEACH, 333 WEST OCEAN BLVD.. LONG BEACH, CA 90802 • Name and address of Insurance Company: Zurich American Insurance Company • - 801 North Brand Boulevard, Penthouse, Glendale, CA 91203 • • • OFFICIAL TITLE OF PROJECT: Marina Bridge Over San Gabriel River Replacement - • Project No.49676 • 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 and the City of Long Beach, its elected officials, officers, attorneys, agents, --- - employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional insureds') under the Policy in relation to those activities described • . generally above with'regard to operations performed by_or.on behalf of the Named Insured: The Additional Insureds have no liability for the payment of any premiums or assessments under the - Policy. • 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. • 3. Each insurance coverage under the Policy shall apply separately to each.Additional Insured against• whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party • claims, i.e., in the same manner as if separate policies had been issued to each-insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as - - provided under the policy.. - 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in • conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. - - - - • 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by 'certified mail, return receipt requested, not less than thirty • (30) days prior to the effective date thereof. In the.event of Company's failure to comply with this • notice provision, the policy as initially drafted will continue in full force and effect until compliance - with this notice requirement. • 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties; from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. • 17 • 9. •This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Public Works City of Seal Beach • 211•8th Street Seal Beach CA 90740 10. Except as stated above and not.in conflict with this endorsement, nothing contained herein shall be • - - held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this • endorsement is attached. - - -TYPE OF COVERAGES TO WHICH POLICY PERIOD . • LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO- LIABILITY Commercial General Liability 12/31/02 -. • • See Attached Certificate • 12/31/03 • of Insurance• 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: _ -- • Contractual Liability . - Bl ExplosionHazard - ❑ Owners/Landlords/Tenants - 10 Collapse Hazard Xl. Manufacturers/Contractors Xl Underground Property Damage `-)tL Products/Completed Operations ❑ Pollution Liability • ❑ Broad Form Property Damage - - ❑ Liquor Liability ❑ Extended Bodily Injury • 0 • t Broad Form Comprehensive • ❑ General Liability Endorsement • ❑ - - 12. A a deductible or ❑ self-insured retention(check one)of$ • 10,000.00 - •applies to all coverage(s) except: . • (ifnone,-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 May 20, 2003 at 12:01 A.M. and forms a part of Policy Number GL0367660700 - • • I, .- Alexis H.' Bryan (print name),hereby •declare under penalty of perjury under the laws of the State of California, that I have the authority to bind • - the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed May 20 • , 1G( 2003 • • • • Signature of A thorized Representative. - - • -(Original signature only; no facsimile signature or initialed signature • accepted) • Phone No.: ( 949 ) 608-6300 • 18 • • • ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY • • Name and address of named insured:THE CITY OF SEAL BEACH, 211 EIGHT STREET. SEAL BEACH, CA 90740, and THE CITY OF LONG BEACH,333 WEST OCEAN BLVD.. LONG BEACH, CA 90802 Name and address of Insurance Company: Zurich American Insurance Company • 801 North Brand Boulevard, Penthouse. Glendale, CA 91203 OFFICIAL TITLE OF PROJECT: Marina Bridge Over San Gabriel River Replacement Project No.49676 • • 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 and the City of Long 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 againshwhom 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 vtitten - agreernent(s) or permit(s)designated above,between the Named Insured and the Additional Insureds. 5. The policy to which this endorsement is attached shall not be subject to cancellation,.change in coverage; reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than-thirty (30) days prior to the effective -date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 6. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities describe&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. 7. 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. 19 • • • 8. This endorsement and all notices given hereunder.shall be sent to Public Agency at: . • • Director of Public Works - City of Seal Beach • 211 8th Street Seal Beach CA 90740 9. 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 ENDORSEMENT ATTACHES FROM/TO • 12/31/02 .— 12/31/03 LIABILITY • Automobile Liability • • • • 10. Scheduled-items or locations_afe to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: - • • • • ❑ Any Automobiles - - - ❑ Truckers Coverage • IQ All Owned Automobiles ❑ Motor Carrier Act • 111 Non-owned Automobiles ❑ Bus Regulatory Reform Act • $ Hired Automobiles ❑ Public Livery Coverage .0•Scheduled Automobiles . ❑ • ❑ .Garage Coverage • - ❑ - - • • 11. At deductible or ❑ self-insured retention (check one)of$ 5,000.00 • applies to all - coverage(s) except: - - - . (if none, so state). The deductible is applicable 0 per claim or ❑ per occurrence(check one). 12. This is an occurrence or ❑claims made policy(check one). • • 13. This endorsement is effective on May 20, 2003 at 12:01 A.M. and forms a part of Policy Number • . BAP367660800 • I, Alexis H. Bryan • (print name),hereby • declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. • Executed - May 20 • ,X.X 2003 • • Signature of •uthorized Representative ( . (Original signature only; no facsimile signature or initialed signature accepted) • Phone No.: ( 949 ) 608-6300 20