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HomeMy WebLinkAboutAGMT - Mike Bubalo Construction (Marina Drive Storm Drain Improvements)PUBLIC WORKS AGREEMENT Marina Drive Storm Drain Improvements Project No SD12O1 between Successor Agency to the Seal Beach Redevelopment Agency 211 - 8th Street Seal Beach, CA 90740 0 Mike Bubalo Construction Company, Inc. 5102 Gayhurst Avenue Baldwin Park, CA 91706 (626) 960 -7787 (626) 960 -7897 - FAX THIS AGREEMENT is made as of December 10, 2012, by and between the Successor Agency to the Seal Beach Redevelopment Agency ( "SA "), and Mike Bubalo Construction Company, Inc., a General Contractor-("Contractor"). RECITALS A. The California Department of Finance has approved and determined that the funding for the SA's Marina Drive Storm Drain Improvements Project No. SD 1201 ( "Project ") is an enforceable obligation of the SA. B. Because of its location within the Coastal Zone, the Project requires either a Coastal Development Permit from the California Coastal Commission or a waiver of that requirement from the Commission. On September 26, 2012, the California Coastal Commission issued a waiver of the Coastal Development Permit requirement. C. The Board of Directors of the SA has approved the plans and specifications for the Project with respect to design criteria. D. Contractor has submitted a bid to SA for the Project dated November 27, 2012 in the amount of $1,292,953.00 ( "Accepted Proposal" hereinafter). The Accepted Proposal is attached hereto as Exhibit G and contains, among other things, provisions defining the Project scope. E. On December 10, 2012, the Oversight Board for the SA has reviewed and approved this Agreement. This agreement will not become effective unless and until the approval of the Oversight Board is deemed effective under AB X1 26 and AB 1484. 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 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 SA and the Contractor are the: Notice Inviting Bids; Instructions to Bidders; Accepted Proposal; Non - Collusion Affidavit; Bid Schedule(s); List of Subcontractors; Contractor's Industrial Safety Record; Contractor's Qualification Statement; Bid Security Forms for Check or Bond; Specifications; General and Special Provisions and documents referenced therein; all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents; this Agreement; Exhibits attached to this Agreement, including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers' Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G); and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Agreement. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by SA. 1.4 In the event of any material discrepancy between the express provisions of this Agreement and the provisions of the other Contract Documents, the provisions of this Agreement shall prevail. 2. Effective Date. This Agreement is effective as of December 10, 2012 (the "Effective Date "), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 3. Payment. For performing and completing the Work in accordance with the Contract Documents, SA shall pay Contractor, in full compensation therefor, the amount of $1,292,953.00, 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. SA shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. The SA Executive Director may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the SA Board of Directors. Payment for additional work in excess of this amount requires prior SA Board of Directors authorization. 4. Contractor's Personnel. 4.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law and by the Notice Inviting Bids /Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, Workers' Compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the Workers' Compensation law regarding Contractor and Contractor's employees. 4.3 Contractor shall indemnify and hold harmless SA and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of SA 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 SA, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of SA or otherwise act as an agent of SA. Neither SA 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 SA. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold SA harmless from any and all taxes, assessments, penalties, and interest asserted against SA by reason of the work performed pursuant to this Agreement. 4.5 SA shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to SA from Contractor as a result of Contractor's failure to promptly pay to SA any reimbursement or indemnification arising under this Section 4. 5. Indemnification. 5.1 Contractor's Duty. Contractor shall defend, indemnify, and hold the SA, the City of Seal Beach, and their respective officials, officers, employees, volunteers, agents, and those SA agents serving as independent contractors in the role of SA 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, attorneys' 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 SA 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 SA 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 SA for all attorneys' fees and costs incurred by SA in connection with, arising out of or incident to any bid protest. 5.3 SA's Sole Negligence. Nothing in Section 5.1 shall be construed to require Contractor to indemnify Indemnitees for that portion of any Claim to the extent arising from the sole negligence or willful misconduct of the Indemnitees. 5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by SA, or the deposit with SA, of any insurance policy or certificate required pursuant to this Agreement. 5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. 5.6 Survival. The provisions of this Section 5 shall survive the termination of the Agreement and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 6. Insurance. 6.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subcontractors. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: General Liability. 6.1.1 Exhibit D -1: Additional Insured Endorsement - Commercial 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 SA, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Cormnercial 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 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.2.5 Professional Liability Insurance. Unless the SA waives in the requirement for professional liability insurance, Contractor shall provide to SA the standard form issued by the carrier. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 6.3.3 Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. 6.3.4 Professional Liability: (Please note that pursuant to Section 6.2.5, the SA may waive the requirement that the Contractor carry professional liability insurance.) 6.4 Deductibles and Self- Insured Retentions. Contractor shall inform SA 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 SA, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of SA 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 SA, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of SA 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 SA, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of SA officials. Any insurance or self- insurance maintained by SA, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of SA officials shall be excess of Contractor's insurance and shall not contribute with it. 6.5.3 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5.4 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days' prior written notice by first class mail has been given to SA. 6.5.5 Each insurance policy, except for any professional liability policy, required by this Section 6 shall expressly waive the insurer's right of subrogation against SA and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of SA or agency officials. 6.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII unless waived in writing by SA's Risk Manager. 6.7 Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the SA. 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 SA before services commence. As an alternative to SA forms, Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 7. Liquidated Damages. Should the Contractor fail to complete the project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the SA for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $750 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the SA 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 SA shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8. Suspension. SA may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of SA or for work stoppages beyond the control of SA or Contractor. A suspension of the Services does not void this Agreement. 9. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and SA'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 SA: Secretary Successor Agency to the Seal Beach Redevelopment Agency 211 - 8th Street Seal Beach, California 90740 Telephone: (562) 431 -2527 Fax: (562) 493 -9857 With a copy to: Sean Crumby Successor Agency to the Seal Beach Redevelopment Agency 211 - 8th Street Seal Beach, California 90740 If to Contractor: Mike Bubalo Construction Company, Inc. 5102 Gayhurst Avenue Baldwin Park, CA 91706 Telephone: (626) 960 -7787 Fax: (626) 960 -7897 Attn: Dave Sorem 10. Non - Assignability: Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12. Non - Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the snaking by SA of any payment to Contractor constitute or be construed as a waiver by SA 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 SA shall in no way impair or prejudice any right or remedy available to SA with regard to such breach or default. 13. Attorneys' Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including all attorneys' fees incurred in connection therewith. 14. Construction. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 15. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and SA. This Agreement supersedes all prior oral or written negotiations, representations, or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. 16. Severability. The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. SUCCESSOR AGENCY TO THE SEAL CONTRACTOR BEACH REDEVELOPMENT AGENCY Name: Title: By: Z Jill . Ingram, Executi e irector Attest: By: Lin a Devine, ecretary Approved as to Form: By: �L uinn M. Barrow, Legal Counsel an CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles f On December 3, 2012 before me, Heidi S. Granic, Notary Public, personally appeared Dave Sorem, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the 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. Heidi S. Granic, Notary Public (Notary seal) HEIDI S. GRANIC Commission # 1890398 __ Notary Public - California i Type of Document: Los Angeles County > My Comm. Expires May 21, 2014 Contract Documents Capacity Claimed By Signer: _Individual X Corporate Officers) V.P. /Sec. Treasurer _PartnerIs) Limited_Trusteefs)_A[lorney -in -Fact Other: General Signer is representing: Mike Bubalo Constmclion Conran, Inc. Executed in Triplicate (3) Originals Bond No. 9045892 Bond Premium: X0,722.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the Successor Agency to the Seal Beach Redevelopment Agency has awarded Mike Subalo Construction Co,. Inc 5102 Gayhurst Ave. _ (Name and address of Contractor) ( "Principal "), a contract (the "Contract ") for the work described as follows: Marina Drive Storm Drain hnnrovements Project No SD1201. 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 Fidelity and Deposit Company of Maryland ..__ —. 90017 of Surely) ( "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 One Million Two Hundred Ninety Two Thousand Nine Hundred Fifty Three and no /100 Dollars (S 1,292 953.00 ), 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 in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed there under, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work of to the specifications there under. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The Successor Agency to the Seal Beach Redevelopment Agency is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts ofthis 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: December 3, 2012 "Principal" Mike Bubalo Construction Co., Inc. B ave Sorem, Secretary y [S By: — _.,.Y Its "Surety" Fidelity and a sit Cornpgny of Maryland_ Fay: (Seal) Its Enii y reciado, Attorney -In -Fact Its 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 - PURPOSE ACKNOWLEDGMENT State of California l SS. County of Los Angeles f On December 7, 2012 before me, Heidi S. Granic, Notary Public, personally appeared Dave Sorem, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the 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. Heidi S. Granic, Notary Public (Notary Seal) HEIDI S. GRANIC Commission # 1890398 Z• `° Notary public - California z Type of Document: Los Angeles County > My Comm. Expires May 21, 2014 Contract Documents Capacity Claimed By Signer: _Individual X Corporate Officer(s) V.P. /Sec. Treasurer _Partner(s)_Limiied_7rusfeets) Attorney -in -Fact General Signer is representing. Mike Bubalo Construc(ion Company, lnc. +ai C�25' '. n ?� -> ne;0 .>. 'S:O:)C� <:.>!Cy. .h ":r4$ Y �<. }> n nj.OTa 9.p .l�(�DNp. ti -D .O �n .h •a.- X00:+1... >.' State of California — County of Los Angeles On 12/3/12 before me, Carmen T. Pedroza• Notary Public Data Hare Herr• r_x m e ..a Mfcer personally appeared Emily Preciado, Attorney In Fact Signerls Name: ❑ Individual ❑ Corporate Olfrcer— Tlde(s): - -1 Partner — C Limited ❑General 7 Attorney N Fact -1 Trustee • Guardian or Conservator • Other: Signer Is Representing: nlf.Rr IH�hIRPflINr Of S�Gri °R �. Signers Name: ❑ Individual C Corporate Officer — Tide(s): '_ Partner — �] Limited ❑ General 7 Attorney in Fact LI Trustee ❑ Guardian or Conservator Other: Signer Is Representing: WGHi.TMUh \aPWNI', +`eP SIGNER:1:" 4a01x•NabnW rl�IW AVarnes• 0.1501Ae$> bLk.. P. O. �e2dW• Ualwdtl ,.C49t3f1?J:L•••�'•NaACVINSyar7 M.a:n Y50.R Rurdw:fzl e�FCe 1.90691n b8�1 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that • CARMEN L PEDROZA Commission # 1858221 he/she" executed the same in his/herRheir authorized :,f _ , z capacity(ies), and that by his/her/their signature(s) on the =.m Notary Public - California z Z • �' D 'Instrument the persoo(s), or the entity upon behalf of Los Angeles County which the person(s) acted, executed the inslrtanent. My Comm. Expires Aug 14, 2013 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and oftiaal seal. Signature �n a„ aNa a� OPTIONAL Th*Wh the iriormation beloW is ndf required by law, H may prove vak sbte to persons retying on the document and WJW plaVent fraudulent (0010W and reaftar11MOW of flits form to another document. Description of Attached Document Title or Type of Document: Document bate: Number of Pages. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signerls Name: ❑ Individual ❑ Corporate Olfrcer— Tlde(s): - -1 Partner — C Limited ❑General 7 Attorney N Fact -1 Trustee • Guardian or Conservator • Other: Signer Is Representing: nlf.Rr IH�hIRPflINr Of S�Gri °R �. Signers Name: ❑ Individual C Corporate Officer — Tide(s): '_ Partner — �] Limited ❑ General 7 Attorney in Fact LI Trustee ❑ Guardian or Conservator Other: Signer Is Representing: WGHi.TMUh \aPWNI', +`eP SIGNER:1:" 4a01x•NabnW rl�IW AVarnes• 0.1501Ae$> bLk.. P. O. �e2dW• Ualwdtl ,.C49t3f1?J:L•••�'•NaACVINSyar7 M.a:n Y50.R Rurdw:fzl e�FCe 1.90691n b8�1 Executed in Triplicate (3) Originals Bond No.: Bond Premium: is included in the Per_fgemance bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALI, PERSONS BY THESE PRESENTS that: WHEEREAS the Successor Agency to the Seal Beach Redevelopnten Agency has awarded t Ave. CA 91 (Name and address of Contractor) ( "Principal "), a contract (the "Contract ") for the work described as follows: Marina Drive Storm Drain Imarovetncnts 1'rojcct No SD 1201. WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materiahnen, and other persons as provided by law. NOW, THEREFORE, we, the undersigned Principal, and Fidelity- and Deposit Company--of-Mary-land 777 So. Figueroa Street, Suite 3900 Los Angale_s_, CA 90_017 (Name and address of Surely) (`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 One_Millicn Two.Hundmd_Ninei/-Twn thous nd Uino Hundred Fifty Three and no /100,. Dollars ($ _ 1,292,953.00 ) 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 perforated 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 mill and void. This bond shall insure to the benefit orally 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 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 froth 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: December 3 2012 "Principal" Mike Bubalo Construction Co Inc - By: Is Dave Sorem, Secretary By: as , - 'Z (Seal) "Surety" Fidelity and-Deposit-Company of Maryland _ By: X14 _ L4 42 p Its Emi Preciado, Attorney -In -Fact By' Its 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 - PURPOSE ACKNOWLEDGMENT State of California 1 SS. County of Los Angeles J On December 7, 2012 before me, Heidi S. Granic, Notary Public, personally appeared Dave Sorem, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the 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. Heidi S. Granic, Notary Public (Notary seal) s HE S. Commission # 1890 ion # 1890398 a Notary Public - California 2Z i Los Angeles County > Type of Document: My Comm. Expires May 21, 2014 Contract Documents Capacity Claimed By Signer: _Individual X Corporate Officer(s) V.P. /Sec. Treasurer _Parmerls) Limited_Trustee(s)_Attorney -in -Fact General Signer is representing: Mike Bubalo Construction Company. Inc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Xf ^. : ' .:nC.n.c >fc >z.a. .+sC Oa...:i Ln .+aS_li; :'patn_Vs.. mVii:•i AY.7 .•.(-_h .•a..�s4+�_ >:i State of California County of Los Angeles On 12/3/12 before me, Carmen T. Pedroza, Notary Public lbta are txr.• r_x ea 1 n . a el8car personally appeared Emily Preciado, Attorney In Fact Na.ie{x; m:vprag5; CARMEN L PEDROZA Commission # 1858221 Notary Public - California z z �% Los Angeles County > My Comm. Expires Aug 14, 2013 Face Nmary:+ Mnw 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/sheRhey executed the same in his/her/their authorized capacity(m), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJUPY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �4�" .II OPTIONAL Though the h*mmtion bolow is not reaVmd by law it may prove valuable to persons retying on the document and could pre Vent fraudulent removal and reattachment of rhta form to another dxument. Description of Attached Document Title or Type of Document: Document Dale: Signer(s) OiherThan Named Above: Capecity(les) Claimed by Signer(s) Signers Name: C Individual ❑ Corporate Officer— Title(s): -1 Partner — C Limited General D Attorney in Fact —1 Truste- O Guardian or Conservator ❑ Other: Signer Is Representing: HI4Hr IHCNIHPflINr. I G' eIGN?e Number of Pages: Signer's Name: ❑ Individual C Corporate Officer — Tlfte(s): '_ Partner — -3 Limited O General -.) Attorney in Fact LI TruS-tee ❑ Guamian or Conservator ❑ Other. Signer Is Representing:_ faGN7;iHUM1IePW NI' O9Da NalbnNrblLyASOwS�r•9J50W Toro Aw.r!O.aa2<oY•[nals.vrtl,.G 913132!^- 2•u�xrtr NaACVlb+zyap I!am /580; Rwxdv:Lal'di.nea t- 90�9]R 6Bl> ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies'), by THOMAS O. MCCLELLEN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Emily PRECIADO and Carmen PEDROZA, both of Arcadia, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice- President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 8th day of August, A.D. 2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND �Wu4r,� _ wa evar... SEAL %� Assistant Secretary Vice President Gregory E. Murray Thomas O. Mc Clellen State of Maryland City of Baltimore On this 8th day of August, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLEN, Vice President, and GREGORY E. MURRAY, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 14, 2015 POA -F 012 -5096E EXTRACT FROM BY -LAWS OF THE COMPANIES "Article V, Section 8, Attomeys -in -Fact The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the 11DELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 3Td day of nPc?mhpr , 20—L_?_. _ 1p4 a °��peWmi `�'3 JM 'n5 BEAL fR &A 4 Geoffrey Delisio, Vice President EXHIBIT C WORKERS' COMPENSATION INSURANCE CERTIFICATE RIMBBB/ ® Rnomv M®9®t (mgmy January 17, 2013 MIKE BUBALO CONSTRUCTION CO. INC. 5102 GAYHURST AVE BALDWIN PARK, CA 91706 -1814 Re: Barrett Business Services, Inc. ( "BBSI ") Letter of Self- Insurance for Workers' Compensation Coverage 813323 As the named addressee of this Letter, your company's required workers' compensation coverage is provided through BBSI's state approved Self- Insured Workers' Compensation Plan by way of your co- employment contract with BBSI. BBSI's California customers can also verify BBSI's state certification at htto:// www. dir .ca.gov /osip[PrivateRoster.pdf; then scroll down to Barrett (the list is alphabetical by company name). Additional information is as follows: State: California Employer Liability Limits: Self Insurance Certification #: 2246 $5,000,000.00 Each Accident $5,000,000.00 Disease Coverage Limit by Client $5,000,000.00 Disease; Each Employee Other Comments (place an "X" if applicable): FX Waiver of Subrogation: BBSI and MIKE BUBALO CONSTRUCTION CO. INC. agree to waive their right of subrogation for the benefit of: CITY OF SEAL BEACH at 211 8TH ST SEAL BEACH, CA 90740 FX Named "Letter Holder ": CITY OF SEAL BEACH 211 8TH ST SEAL BEACH, CA 90740 FX Other: MARINA DR. STORM DRAIN IMPORVEMENTS SD1201 Additionally, BBSI's self- insured program is further supported by an excess workers' compensation insurance policy with ACE American Insurance Co.. Copy of certificate is available upon request. For additional information, please contact your local BBSI office at: ONTARIO Very truly yours, Michael L. Elich President and Chief Executive Officer (909) 605 -6862 3401 Centerlake Drive Suite 150 Ontario, CA 91761 dog: i.OSI -z MIKEBUB -01 JCASTLE 144 6l CERTIFICATE OF LIABILITY INSURANCE �/" D11/301201 YY) 1 113 012 0 1 2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER M W R Insurance Services P.O. Box 11 Sierra Madre, CA 91025 NAME ACT Joe Castle PHONE No Ex1 (626) 294 -1009 ac No) (626) 445 -4521 ac E -MAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAICN INSURER A- Liberty Surplus Insurance Corporation 10725 INSURED INSURER B: Diamond State Insurance Company 42048 INSURER c: Navigators Insurance Company 42307 Mike Bubalo Construction Co., Inc. 100002020603 11/11/2012 5102 Gayh Urst Ave. INSURER 0: $ 50,000 INSURER E: $ 5,000' Baldwin Park, CA 91706 INSURER F: nnVFRAnFR CERTIFICATE NUMBER: 1050 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INTRR TYPE OF INSURANCE IINSR -in POLICY NUMBER (MMI DYI1YYY MMDV/YYVY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000' A X COMMERCIAL GENERAL LIABILITY X X 100002020603 11/11/2012 11/11/2013 DAMAGE T R NTED PREMISES RENTIrrence $ 50,000 MED EXP An one person) ( Y $ 5,000' CLAIMS-MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,000 X Owner's & Contractor GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGO $ 2,000,000 $ POLICY X m LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident)$ 1,000,000' BODILY INJURY (Per person) 8 B X ANY AUTO X X BAP0000988 11/11/2012 11/11/2013 BODILY INJURY (Par accitlenl) $ ALL OWNED X SCHEDULED AUTOS AUTOS NON -OWNED X HIRED AUTOS X AUTOS PROPERTY DAMAGE PER ACCIDENT $ UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ S1 0001 OOO X AGGREGATE $ .5,000,000' C EXCESS LIAB CLAIMSWADE SE12EXC7411601V 11/11/2012 11/11/2013 DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED' ❑ (Mandatory in NHl NIA EL .DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required( Re: Marina Drive Storm Drain Improvements; Project No. S131201. SA, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of SA officials are named as additional insured as respects to liability arising out of the named insured's operations per the attached CG2010 & CG2037 and on the Auto Liability, per the attached form. This insurance is primary and non - contributory per the attached CGL1031. Waiver of Subrogation applies to General Liability, per the attached CG2404 0509 and on the Auto Liability, per the attached form. "See attached special city forms." CFRTIFICATF HOI DER CANCELLATION 88 -2010 ACOR CORPORATION. A rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registe arks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Successor Agency to the Seal Beach Redevelopment Agency 9 Y P 9 Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 211 8th. Street Seal Beach, CA 90740 AUTHORIZED REP ES lTATIVE 1 88 -2010 ACOR CORPORATION. A rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registe arks of ACORD Liberty Surlilus Insurance C'orjxnation.. Commercial General Liability LIBERTY SURPLUS INSURANCE CORPORATION (A No, I hr,pshw Stock Insurvmc Company, hercinvftcr the "Campvny") ENDORSEMENT NO. Effective Date. Policy Number: 100002020603 Issued To: Mike Bubalo Construction Co., Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL. INSURED — OWNERS, LESSEES OR CONTRACTORS — SCIIEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided tinder the follmwing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations As required by written contract signed by both parties All locations of covered operations. prior to any "occurrence" in which coverage is sought under this policy. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations) A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. 13. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: 'nus insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a put of the same project. CG 20 10 07 04 0 ISO Properties, Inc., 2004 Wberty_ Surplus lnstlrance Corporation'. 10k Commercial General Liability ...,nl�nbrnran�nui 6nnq. LIBERTY SURPLUS INSURANCE CORPORATION (A New Hampshire Stock Insurance Company, hereinafter the "Company') ENDORSEMENT NO Effective Date: Policy Number 100002020603 Issued To: Mike Bubalo Construction Co., Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location and Description Of Covered Operations As required by written contract signed by both All Locations of Covered parties prior to any "occurrence" in which coverage Operations is sought under this policy. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations) Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for `bodily injury' or "property damage" caused, in whole or in pan, by "your worl:" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard ". CG 20 37 07 04 D ISO Properties, Inc., 2004 (The attaching clause need be completed only when this endorsement is Issued subsequent to preparation of the policy.) This endorsement, effective at 12 :01 a.m. standard time, forms a part of Policy #: BAP0000988 Issued to: Mike Bubalo Construction Co., Inc. By: Diamond State Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. Who Is An Insured; under SECTION II — LIABILITY COVERAGE, is amended to in- clude the person or organization named in the Schedule below, but only for "bodily in- jury" or "property damage" resulting from the acts or omissions of: 1. You, while using a covered "auto'. 2. Any other person, while using a covered "auto" with your permission. SCHEDULE Additional Insured Any Person or Organization with whom you are obligated by valid written contract to provide insurance such as it is afforded under this Coverage Form. EAD -110 (07/2008) Page 1 of 1 Ll ert Surplus Insurance Commercial General Liability C'urpnt;,titm LIBERTY SURPLUS INSURANCE CORPORATION (A New Hampshire Stock Insurance Company, hereinafter t1ie nCompany ") ENDORSEMENT NO. Effective Date: Policy Number: 100002020603 Issued To: Mike Bubalo Construction Co., Inc. THIS ENDORSEMENT CHANGES THE POIdCY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT To the extent that this insurance is afforded to any additional insured under the policy, such insurance shall apply as primary and not contributing with any insurance carried by such additional insured, as required by written contract. Nothing herein contained shall be held to waive, vary, alter or extend any condition or provision of the policy other than as above stated. M1 17 CGL 10 31 04 03 10 I..iberty_ SHrplus IOSt1raHCC l'swpuralir as Commercial General Liability I6cn, LIBERTY SURPLUS INSURANCE CORPORATION (A New Hampshire Stock Insurance Company, hereinafter the "Company ") ENDORSEMENT NO. Effective Date: Policy Number: 100002020603 Issued To: Mike Bubato Construction CO., Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This enduesement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETFD OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written contract signed by both panics prior to any "occurrence" in which coverage is sought under this policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done tinder a contract with that person or organization and included in the "products - completed operations hazard ". T9vs wah er applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 POLICY NUMBER: BAP0000988 COMMERCIAL AUTO CA 04 44 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Mike Bubalo Construction Co., Inc. Endorsement Effective Date: 11 -11 -2012 SCHEDULE Name(s) Of Person(s) Or Organization(s): Mike Bubalo Construction Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac- cident' or the "loss" under a contract with that person or organization. CA 04 44 0310 © Insurance Services Office, Inc., 2009 Page 1 of 1 ❑ EXHIBIT D -1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL, LIABILITY [I1N:4L'RT INSURANCE CER'T'IFICATE SII06G'ING COMMERCIAL GENERAL LIABILITI J ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Mike Bubalo Con tru_ction Co Inc 51.42 Gay_horct Ave ,Baldwin Par�c,_Ca._91706_ Name and address of named insured C`Named Insured "): Liberty_Sur lus Insurance Corporation 175 Berkeley Street Boston, MA. 02116 Name and address of Insurance Company ( "Company"): OFFICIAL TITLE OF PROJECT: MARINA DRIVE STORM DRAIN IMPROVEMENTS PROJECT NO SD]201 Notwilhstanding 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: L The Successor Agency to the Seal Beach Redevelopment Agency, 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 tine 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 hnsured 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) calendar days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement anti all notices given hereunder shall be sent to Public Agency at: Sean Crumby Successor Agency to the Seal Beach Redevelopment Agency 211 - 8th Street, 2nd Floor Seal Beach, California 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 WHICII POLICY PERIOD LIMITS OF Each Oce. $1,000,000 THIS ENDORSEMENT ATTACHES FROMITO 11 /11 /12To11 /11113 LIABILI'rY Damage to Rented Prem $50,000 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions Med Exp. $5,000 relate to the above coverages. Includes: General Agg $2,000,01 f.3 Contractual Liability W Owners/Landlords/Tenants ❑ Manufacturers /Contractors is Products /Completed Operations F� Broad Form Property Damage ❑ Extended Bodily Injury lg Broad Form Comprehensive 6' General Liability Endorsement • Explosion Hazard • Collapse Hazard rx Underground Property Damage El Pollution Liability 7 Liquor Liability Prod Comp. $2,000,00 12. A F deductible or ❑ self - insured retention (check one) of S 5 000 applies to all coverage(s) except: (if none, so state). The deductible is applicable O per claim or ❑ per occurrence (check one). 13. This is an rs occunrence or ❑ claims made policy (check one). 14. This endorsement is effective on 11/30/2012 _ at 12:01 a.m. and forms a part of Policy Number 100002020603 1, Joe Castle (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, 1 do so bind the Company. Executed November 30th. —'20 12 I( '/ LL �f — Sign tar of Authorized Rcpresentatile (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( 626 ) _294 -1009 EXHIBIT D -2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [IA'SERT INSURANCE CERTIFICATE SIIOIYING AUTOA4013ILE LIABILITYI ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY _Mike Rubalo Construction Co., Inc._RW GayhurstAve., Baldwin Park,S'a 91706 Name and address of named insured ( "Named Insured "): Diamond State Insurance Company_ Name and address of Insurance Company ( "Company "): OFFICIAL TITLE Or PROJECT: Marina Drive Storm Drain Improvements Project No SD1201 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 Successor Agency to the Seal Beach Redevelopment Agency, its elected officials, officers, attorneys, agents, employees, and volunteer 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. L 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 saute 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 agreement(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) calendar 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: Sean Crumby Successor Agency to the Seal Beach Redevelopment Agency 211 Rth Street, 21d Floor Seal Beach, California 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. TYPE OF COVERAGES TO WHICH LIMITS OF Ti11S ENDORSEMENT ATTACHES LIABILITY POLICY PERIOD rROM /TO 11/11/12 To 11/11/13 Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: Any Automobiles ❑ All Owned Automobiles 'a Non -owned Automobiles i [fired Automobiles S Scheduled Automobiles �l Garage Coverage ❑ Truckers Coverage E. Motor Carrier Act • Bus Regulatory Reform Act • Public Livery Coverage Fj 11. A �, deductible or ❑ self - insured retention (check one) of $ 1,000 Comp /Collision applies to all coverage(s) except: (if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one). 12. This is an ❑ occurrence or 0 claims made policy (check one). 13. This endorsement is effective on 11/30/2012 at 12:01 a.m. and forms a part of Policy Number RAP000n9$$ 1, Joe Castle (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 November 30th. , 2012 _ Signptur of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( 626 ) EXHIBIT F LABOR LAW REQUIREMENTS AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 37001 The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law: I. Contractor acknowledges that this contract is subject to the provisions of Division 2. Part 7, Chapter I (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ( "Agency ") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 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 commencin � e performance of the work of this contract." Date: Z 3 l Z Signature: Cam- INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECTOR WORK: Marina Drive Storm Drain Improvements Project No SDI 201. Indemnitor(s) (list all names): Mk- &bolo To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the Successor Agency to the Seal Beach Redevelopment Agency, the City of Seal Beach and their respective 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) Indemnjtees' 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(6). 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 though 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 bejoint and several. "Indemnit/o�r "I 1 Name: 1 t h�l Name: re f1"1 V • F. y: l By: lV Recorded in Official Records, Orange County RECORDING REQUESTED BY Hugh Nguyen, Clerk- Recorder AND WHEN RECORDED MAIL TO ��jj�1 NO FEE *$ R O Q 0 6 3 2 7 8 9 7$* CITY OF SEAL BEACH 2013000632134 2:45 pm 11115113 Attn: City Clerk 47 422 N12 1 211 - 8th Street 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Seal Beach, CA 90740 Space of above this line for Recorder's use. No Recording Fee Pursuant to Government Code Section 6103, 27383 NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 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 September 16, 2013. The work was Marina Drive Storm Drain Project. No. SD1201. 6. The name of the contractor(s), if any, for such improvement was: Mike Bubalo Construction, Inc. The date of the Contract Award was December 10, 2012. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Electric Avenue and 5th Street. City of Seal Beach. Date: k( 111, 13 DirectEr-of Public Works, City o S al Beach Signature of owner or corporateefficer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penal y of erjury the foregoing is true and correct. Executed on () , 2013, at S Beach, California. (Date of ignature) ; CI Director of Public Wbrks. Citv of S