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AGMT - Doug Martin Contracting Company (2013 Annual Slurry Seal Project CIP No. ST1201)
• Recorded in Official Records, Orange County • RECORDING REQUESTED BY Hugh` {Nguye`n, Clerk-Recorder` ` AND WHEN RECORDED MAIL TO I IIINIIIIIII „{1111111IIIIIII111 6 IINIII 1,11i{IIINIIIIIIII NO FEE CITY OF SEAL BEACH 2013000519306 3:14 pm 09104113 Attn: City Clerk 0 422 N12 1 y 0..00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 211 - 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 **** 13 NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 —8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on June 19, 2013. The work was 2013 Annual Slurry Seal Project. No. ST1201. 6. The name of the contractor(s), if any, for such improvement was: Doug Martin Contracting Co., Inc. The date of the Contract Award was April 22, 2013. _ _ _ 7. The_property_on_which_said_work of-improvement-was completed in the-City of Seal'Beach, County of Orange, State of California, and is described as follows: College Park East, City of Seal Beach. Date: $'(zc f i Director of Public Works, City of SII Beach Signature of owner or corporate • icer 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 penalty of perjury the foregoing is true and correct. Executed on Sit et ?t, 20/ , 2013, at Seal Beach, California. (Date of Signature) • Directs of Public Works, City of Seal :-ach PUBLIC WORKS AGREEMENT FOR 2013 ANNUAL SLURRY SEAL PROJECT CIP NO. ST1201 between - SEAL .Br. OPOggT�Aq�,y So a, 9 P Q i t Wen F g27"0 � ''agoNTrc qt:- City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Doug Martin Contracting Company, Inc. 220 E. Foundation Avenue La Habra, CA 90631 (714) 441-0513 THIS AGREEMENT is made as of April 22, 2013, by and between the City of Seal Beach, a California charter city ("City"), and Doug Martin Contracting Company, Inc., a General Contractor ("Contractor"). 1 of 9 RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the 2013 Annual Slurry Seal Project No. ST1201 ("Project") with respect to design criteria; and B. WHEREAS, Contractor has submitted a bid to City for the Project dated April 3, 2013 in the amount of $86,735.00 ("Accepted Proposal" hereinafter). The Accepted Proposal is attached hereto as Exhibit G and contains, among other things, provisions defining the Project scope. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: AGREEMENT 1. Contractor's Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Agreement, Contractor shall perform and complete in good and workmanlike manner all work ("Work") required by this Agreement and the documents listed in Subsection 1.2 for the Project. 1.2 Contract Documents. The "Contract Documents" that comprise the agreement between the City and the Contractor are the: Notice Inviting Bids, Instructions to Bidders, Accepted Proposal, Non-Collusion Affidavit, Bid Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms for Check or Bond, Specifications, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, this Agreement, Exhibits attached to this Agreement, including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers' Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Agreement. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 2 of 9 1.4 In the event of any material discrepancy between the express provisions of this Agreement and the provisions of the other Contract Documents, the provisions of this Agreement shall prevail. 2. Effective Date. This Agreement is effective as of April 22, 2013 (the, "Effective Date"), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 3. Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of $86,735.00, subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. The City Manger may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 4. Contractor's Personnel. 4.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and, licenses required by state and local law and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of city officials, from any and all liabilities, damages,' claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly, independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or 3 of 9 in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the, work performed pursuant to this Agreement. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a' result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Indemnification. 5.1 Contractor's Duty. Contractor shall defend, indemnify, and hold the, City, its elected officials, officers, employees, volunteers, agents, and those City agents, serving as independent contractors in the role of City officials (collectively "Indemnitees") free and harmless from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations„ damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments„ fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually,' a "Claim," collectively, "Claims"), in any manner arising out of or incident to the performance of the Agreement, including without limitation, the payment of all consequential damages and attorneys' fees and other related costs and expenses. Further, Contractor shall appoint competent defense counsel, at Contractor's own cost,, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of the Agreement that may be; brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Agreement. Contractor shall reimburse the City and the other; Indemnitees, for any and all legal expenses and costs incurred by each of them in! connection therewith or in enforcing the indemnity herein provided. Contractor's; obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable. 5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1, Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any bid protest. 5.3 City's Sole Negligence. Nothing in Section 5.1 shall be construed' to require Contractor to indemnify Indemnitees for that portion of any Claim to the extent arising from the sole negligence or willful misconduct of the Indemnitees. 5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any. rights that they may possess against Contractor because of the acceptance by City, or 4 of 9 the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses; and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. 5.6 Survival. The provisions of this Section 5 shall survive the termination of the Agreement and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 6. Insurance. 6.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subcontractors. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D-1: Additional Insured Endorsement - Commercial General Liability. 6.1.2 Exhibit D-2: Additional Insured Endorsement - Automobile Liability. 6.1.3 Exhibit D-3: Additional Insured Endorsement. 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B). 5 of 9 • 6.2.4 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. • 6.2.5 Professional Liability insurance. Unless the City waives in the requirement for professional liability insurance, Contractor shall provide to City the standard form issued by the carrier. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 6.3.3 Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. 6.4 Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance. 6.5 Other Insurance Provisions. The general liability and automobile, liability policies are to contain, or be endorsed to contain, the following provisions: 6.5.1 City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials,, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned,' leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. 6.5.2 For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it. 6 of 9 6.5.3 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5.4 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. 6.5.5 Each insurance policy, except for any professional liability policy, required by this Section 6 shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. 6.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's Risk Manager. 6.7 Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 7. Liquidated Damages. Should the Contractor fail to complete the project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $750.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Agreement. 7 of 9 • 9. Notices. Any notices, bills, invoices, or reports authorized or required bye this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours or by facsimile before or during Contractor's regular business' hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant tot the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211-8th Street Seal Beach, California 90740 Telephone: (562) 431-2527 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 211-8th Street Seal Beach, California 90740 If to Contractor: Doug Martin Contracting Company, Inc. 220 E. Foundation Avenue La Habra, CA 90631 Telephone: (714) 441-0513 Attn: Doug Martin 10. Non-Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 13. Attorneys' Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this 8 of 9 Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including all attorneys' fees incurred in connection therewith. 14. Construction. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 15. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral oil written negotiations, representations, or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. 16. Severability. The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. CITY OF SEAL BEACH CONTRACTOR: By: • i B Do p Martin Contestiine ompany, Inc. y: g g y: '� ��i� 'r Vii ll R. Ingram, C e ana er Name: Doug Martin Attest: 4 Title: President By: K4kl4. F.I U/ JA'z/ Linda Devine, City Clerk Name: kJLW it) LUt7I�x Approved as to Form: Dixie Martin / Title: Secretary �/ / By. Writ uinn M. Barrow, City Attorney, 9 of 9 BOND ISSUED IN TRIPLICATE Bond No. 024043075 Bond Premium $500.00 • PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that WHEREAS the City of Seal Beach,has awarded DOUG MARTIN OONIRACTTNG COMPANY, INC. 220 E. FOUNDATION AVENUE LA HABRA, CA 90631 (Name and address of Contractor) ("Principal"), a contract(the"Contract")for the work described as follows: 2013 Annual Slurry Seal Protect.CIP#ST1201 WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW,THEREFORE,we,the undersigned Principal,and LIBERTY MUTUAL INSURANCE COMPANY 790 THE CITY DRIVE SOUTH, SUITE 200 ORANGE, CA 92868 (Name and address of Surety). ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of EIGHTY—SIX THOUSAND SEVEN HUNDRED THIRTY—FIVE AND NO/100— — — Dollars($ 86 735 00— — — ),this amount being not less than the total contact 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 agees that no change, extension of time, alteration, addition or modification to the terms of the Contract or of the work to be performed there under, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications there under. Surety hereby waives the provisions of California Civil Code §§2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. 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 2, 2013 "Principal" "Surety, DOUG MARTIN CONTRACTING COMPANY, INC. LIBERTY MUTUAL INSURANCE COMPANY Page D-45 By �� Pi 1.42 . L.LskeY By: CZ< I Its IJ.ug Martin, President Its ERIKA A. NICAOLA , ATITIRNEY-IN-FACT By: By: Its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence.of the authority of any person signing as attorney-in-fact must be attached. Pace D-46 ACKNOWLEDGMENT State of California County of fzpNoce On 31 2(2013 before me, Manoj Thosani, Notary Public (insert name and title of the officer) personally appeared Doug Martin who proved to me on the basis of satisfactory evidence to be the personcej whose name is/ae subscribed to the within instrument and acknowledged to me that he/skis/they executed the same in his/her-4464r authorized capacityQes), and that by his/hcr/their signature on the instrument the person(s), or the entity upon behalf of which the personJ,a') acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MANOJ THOSANI rCommission # 1961646 i .: Notary Public- California .,,i-r = Orange County sD _ x /- 3_ ._' My Comm.Expires Dec 22,20151 Signature C�4 ' • (Seal) _ _ _ _ _ _ _ _ _ _ _ _ _ _ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On May 2, 2013 before me, Cynthia S. Wozney ,Notary Public Personally appeared Erika A. Nicholas 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the CYNTHIA S.WOZNEY person(s), or the entity upon behalf of which the person(s) .p��`"'�. Commission # 1903097 Z acted, executed the instrument. a .(1a`1 Notary Public -California f. z tP•i?' ,•�• Orange County I certify under PENALTY OF PERJURY under the laws of My. Comm. Expires Sep 5, 2014[ Y �_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature e Signatu i- of Not:ry Public OPTIONAL Capacity(ies)Claimed by Signer(s) ❑ Individual ❑ Partner ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other Signer is Representing: LIBERTY MUTUAL INSURANCE COMPANY •J mss-:---"--7-- ✓ ^� , 5 = t = 41.97539 ' THIS POWER!OF-ATTORNEY IS.NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND s =-.ice .This Power of Attorney lentts the acts.of those n med:herein;and they^have no authonry to Bind the`C p ny Xe cept inn he manner,and m tithe extentheremstated titer = -� V v `-� • �-�,� �- — - ✓_� - -- LIBERTY MUTUAL INSURANCEICOMPANY - -iv-✓ '^'_: - �,✓i' - - _ = E BOSTON;MASSACHUSETTS -✓- "� ^ ;✓KNOW ALL PERSONS BY THESE:PRESENTS(E.That.LibertyMutual ln_surance Company (the Comp y) a_M sa sach tt ck ma cn e . ,f�-company,_pursuant to and!by.authonry of=the Bylaw and Authorizatiohereinafter set:forth,does hereby name constitute and:app-oint 7 - 2 - JOHN`M GARREIT,.STEVEN C<MOSIER;;DENISEBENNETT:ERIKAA'NICHOLLAS CYNTHIA S:WOZNEY, c CHARISE EBERHARD;PAULA:BLAND;ALL OF>THE CITY'OF IRVINE, STATE OF-CALIFORNIA'— r- :bv� on�,�_,ru „ ey- o each individually tt,there_be more than--.o rte'named, ds"true and iawful-attorney,m facato.make;execute;seal,acknowledge andtlelrver forand on atsit- , ;C6ehalf-as"surety and as:its-act and,deetl;anyandrall.undertakrngs;;bonds,-recognizances=and other surety obliggaeons mthe�enahsum noPexceedmgl.� = 7SEVENTV FIVE:MILLION AND:00/100 DOLLAR '$i 75;000;000:00,.) tL�"."__.tt�*'t ( )"each andahef `'=` ezecution-of auch undertakings;bonds;:recognizances andtothersurety obligations inpursuanceiof,these presentsrt shall:be es binding upon the _;Companyas if:they-had=been duly signed:by the.presidentand'attested'by:the:secretary of,the Companytn their-own proper,perssons. _ - That this,power is made-and-executed pursuant to:and by:authority of the following By law-and Authonzation:ti,ti^ -. =c- _ !� ..;%✓__Vii`,c - ^`✓./-��ti-- r�✓--:%�i-•�i-;::_ - - _✓;zt -__�✓ __ _ ARTICLE:XIIh. :Execution of Contracts Section S.Surety.Bonds and.Undertak�ngs _ ; ..✓�f✓- s� ti �. Anyofficer of he Company authorized for that purpose in writing by the chairman•or_the:president and subject to such limitations as"the ' chairman:otthepresidenEmay:prescnbe shall appoidtsuch.attorneys in fact;asTmaybeTecessary tc factin:behalf of the Companytomake ?� •' -- ✓execute seal-;acknowledge and deliveras surety any;and all "undertakings%onds- recognizances andether suretyobligahons Such ,_V N ;t_r attorneys ih fact-subject tot.the limitations:set forth in their respective:powers of attorney shallhave-full power to bird:the.Company bythei y o signature.and.execution of any such.mstruments and to,attach-thereto the seat oflthe Company--When;so executed:such instruments shall;bet ^-d a_ = - as binding as if ignedby the presidentand attested by the-secretary-; -- -J==: r` ^�^- -c "d By the foll wing instrument e.chainnan or the president has authorized the officer or other offialairnarbed therein to appointatt neys r fact -a :a:c Pursuant to- Article XIII Section 5 of the By Laws:Garnet:WE Elliott;Assistant Secretaryof Liberty Mutual- Insure e,Company as,hereby .,zm. : .E authonzed to appoint.such attorneys in fact.as maybe necessary to act in:behalf of the Company to'make;executetseat acknowledge.and -,c d j ",deliver•as surety:any and all undertakings biindat recognizances:and-other surety obligations -` F, ti, ` o" :a till That the By law and theAuthonzation settorthaboveare true copiesthereof and are now in full force andieffect ,_ - >11.1 Li, j-IN WITNESS WHEREOF,this.Power of-Attorney-has been subscribed by an authoried officeror official of the Company andthe-corporate seal of- G a Liberty Mutual insurance:Company has.been affxed:thereto inPlyniouth Meeting Pennsylvania this 21st day-0f!? October ,f I t- '41=7 ==2010-= - - - _,��:r._._ �� Q- ,CI "LIBERTY MUTUAL INSURANCE Y„ -zi --ii- - l =1 310i -- e p - _- Garnet W Elliott AssistantSecretthy s - — E o: ai COMMONWEALTH OFPENNSYLVANIA-_ss = - a, COUNTY OF-MONTGOMERY _ t Onthis 21st= dayot .October 2010;before me a Notary Public personallycame,Garnet W t Elliott to me known,and.acknowledged.7C-:<:":; _ It d. O e. that he isani"Assistant Sec etafof Liberty Mutual Insurance Company that he knows the.seal of said:corporation:and that:he^exedbtedtheabbite 32 --to Power of Attorney and affixed the corporate seal of Liberty Mutual:Insurance Company thereto with:the authority and•at-the•direction of said corporator-1<z j.- c1112 --✓- �✓-�- P ✓ _ _. _ _ - -- -ti- ✓ ^�- __r- y c. IN TESTIMONY WH 0' (=ha e=unto subscribed iry nameand affixed my notarial seal at Plymouth Meeting-Pennsylvanian the.day.and year L.c O first above wNien - - _ - - - _ - _ ___,--_,_,--->____--,-..:-_ � co R C %� V "� (V.p- �(A { WMMOhwEATHQFPEN l,-.. tA- � ///� " __s___„,„:_„_,- Ems) .��� �' Tetau PxxYa No aryP W�Vi f- -- ---...-----z...-=�� /"�-'� =2.----..--E -co ,-1--3 =OF r :_ axe»win x t r y28 x �By. _ -_c✓_ - .-k Cr.-. Z O: — �`." = Mr_ `1-- ' Ter sa Pastella Notary;_u ..1_ -�' - ci.1- CERTIFICATE: -kYti._�µy�G 1 � - ✓ - I_ _ Ilthe undersigned Assisstan ecretary Lib-erty Mutual l urance Company do hereby certify that the ngma6power of a�ttor y of=hick thefo egoing -is'a full true'and correct.copy is infull!force e-adreffect on.thee date of this;certiticate and l do ifurther certify that:the:officeror official who executed.the.- paid powerbfattorneyis:an=Assistant Secretary specially authonzed by the.chairman:or;the'president to:appoiiirettomeys in factas providedin-Article 1_ XIIL Section5bf the By-laws of Liberty Mutuaflnsurance Company%'�—�-c ti -i' %,wv-^%�-�'�� - '� - ✓�:--_ r r mss-.-- .: . �;.: - s _ This certificate'and the above.powercf attorney may be,signed,by_facsimile or mechanically.reproducedtsignatures under and?by authonty-of the__- -following votelof_the board of directors Of Libedy•Mutual Insurance'Company at a meeting drily called and'.held on the 12th"day-of:March 1980 -= _ VOTED%that he facsimile-of mechanically-reproduced.signature of_any assistant-secretary_of;thesompany whereJer_appearing upon a� r certified:copy of.any power of-attorney issued:byahe company in'connetion-w th':sure ty-bonds;bhadl be valid andbinding upon the company_ with sameforce and'effectas though?manually affixed - -` - _ � - ti IN TESTIMONY WHEREOE,I havehereunto subscribed my name and affixed-the corporate_seal of.thisaid company this 2ND ✓day of *i -MAY -2013 = _ =,2- . ' - _ JBy GC u/✓i ✓-M .l` -vim N - _ - "-- - David M�Carey`Ass (Secretary t- �Mfi BOND ISSUED IN TRIPLICATE Bond No. 024043075 Bond Premium INCLUDED IN THE PERFORMANCE BOND PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded to DOUG MARTIN CONIRACTTIC COMPANY, INC. 220 E. FOUNDATION AVENUE LA HABRA, CA 90631 (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: 2013 Annual Slurry Seal Project CIP# ST1201. 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 LIBERTY MUTUAL INSURANCE COMPANY 790 THE CITY IRIVE SOUTH. SUITE 200 _ (1RAITT. ('A 97868 (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 EICIIIT-SIX THOUSAND SEVEN HONER. THIRTY-FIVE AND NO/100- - - Dollars(S 86235 Ofl _ _ 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 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 Page D-48 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 2, 2013 "Principal" "Surer, DOUG MARTIN CONIRACTDC COMPANY, INC. LIBERTY MUTUAL INSURANCE COMPANY By. //'/L i L; . L�_�i� By: a `-//7 Z t7Ca.4_, Its Ioug Martin, President Its ERIKA A. NICHOLAS, ATTORNEY-IN-PACT 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 Page D-49 ACKNOWLEDGMENT State of California County of C?R'RNCGcC On 3 -I2.0 13 before me, Manoj Thosani, Notary Public (insert name and title of the officer) personally appeared Doug Martin who proved to me on the basis of satisfactory evidence to be the person(fSj whose name( is/a jt subscribed to the within instrument and acknowledged to me that he/she/thcy executed the same in his/her/their authorized capacity()es), and that by his/her/their signature4s on the instrument the person(8), or the entity upon behalf of which the personj-s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �� MANOJ THOSANI -„,1 Commission # 1961646 a e f/ Notary Public -California f z •r_,err Orange County My Comm.Expires Dec 22,201 s e Signature G+� (Seal) - - - - - - - - - - _ _ _C CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On May 2, 2013 before me, Cynthia S. Wozney ,Notary Public Personally appeared Erika A. Nicholas 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 he/she/they executed the same in his/her/their-authorized capacity(ies), and that by his/her/their signature(s)on the instrument the ,�,.- CYNTHIA S. WOZNEY person(s), or the entity upon behalf of which the person(s) r„ Commission# 1903097 acted, executed the instrument. _; Q` 1 Notary Y Public -California Orange County n My Comm. Expires Sep s, 2074 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. Signature Iji L,/. • SignatTi re of No ary 'ublic OPTIONAL Capacity(ies)Claimed by Signer(s) ❑ Individual ❑ Partner ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other Signer is Representing: LIBERTY MUTUAL INSURANCE COMPANY ✓, ✓- - _ = 4197540 ' HIS POWER OFATTORNEY IS.NOT VALID_UNLESS IT IS:PRINTED ON:RE . BACKGROUND - - ��`^ f his P war oPAttorney limits-theacts those named herein„and,.theyhave nocauthonty to bmd4the.Company except in_the manner ands to the:extentheremistated� ✓;�, _ _ i � ^f�--� -��.,n� �- �%� --' s v -_ -_LIBERTY.MUTUACINSURANCECOMPANY ✓ s J _ .-BOSTON .MASSACHUSETTS?: ✓”r! : = ^mss: POWER:OF ATTORNEY- .-`� �- -� --�= KNOW ALL%PERSONS=BY THESE PRESENTS That LibertyMutual Insurance Company, (thefComp nay )_a-Massach esu tt ck ins rice c'ti�,ompany'p rsuant to andbyauthonty of thelByJ law and.Authorization hereinafter setforth,does hereby ,constitute and'appoint - JOHN M GARRETT;�STEVEN'C<MOSIER,DENISE BENNETT„ERIKAA NICHO^LA CYNTHIAS WOZNEY -CHARISE EBERHARD;PAUL AI BLAND,ALLOF-THE CITY OF_IRVINE STATEOF�CAGFORNIAti � /�."�_=Alam: ".lAl' J�i �,_.–_nl'��.11G � /'_l`✓A.�,�i��:^✓�b� ^.J �. ' -.� -. i ”—/'re ==on e d1/' - V�b loo mak --e-6-6t-d-'-_�/� ^;rid o each,mdividually rf3here:be morethan:one:named-its.true.and Lawful attorney in factto'make exseal;acknowledge and-deliver for and.on rts �.tie half as suretyand asitsi-act and.deed;`an and:all,'undertaken s"bonds recogn¢anc s=and othe?suety obligations inc.the anal sum not xe ceeding - SEVENTY FIVE MILLI 00/100Sy.'-t*S**'�`*.t.---- ", 'J DOLLARS,($�75 000;000:00c�'� � ✓):each,and the 'a=execution of%uch undertakings bonds;recogn¢anceszand:otfier�surety obligabons m-pursuance of these presents shall tie as binding upon the-^ -Companyas if they had ibeen dulysigned':by the presiiient"and:attested by thesecretary:of theCompanyin theirown-proper persons ' �=�_�' That this power made:a d executed:pursuan)toand;by•- -z-- ty- the f-r-- , By l -, Authonzatlore- —- ^ - - ✓ARTICLE XIII-Execuhonof Contracts Section•5 Surety:Bonds andlUndertakings � ✓- -�" v-�f J-_ _ _��Any_officerof�he Companyny;authonzed for, hat;purpose an-writing bythe chairman or the.president and=subject to such limitations as the " �chamnan or the:presidentmay prescnoe shall appoint euch attorneys=m fact as:may be:necessaary toactmbehalf of the,Companyto make; --;--„•,,,a3 ^--�✓execute seal-acknowledge and deliver.as surety,any.an lall.undertakmgs'bonds recognizances and=ether suretyobhgations^Such ^C. W �- attorneys in;fact subject to the_imitationsT set forth in their respectrve_powers;of attorney shall=have full power to bind the Company bythett y 0.-. � .:signature and execution of any_such instruments and toattach theretodhe seal:oflthe Company VWhensoeeiecuted'sch:instruments:shall be d a • as binding asif signedi_bythe:president and attested,by the secretary.; ._^✓ ° ^�E. YzrV !Bythe-followmgTnstrumenP.the:chanman or the presidenfhasauthonzed the officer or other named3_herein:t_o appomfattorneys mfact�, ,- _�. FFri r �! f ' c. _ i- ^ n���-�' �� cT e iPursuant to:Article XIII Section 5.of the By-Laws,_Garnet W Elliott;Assistant Secretary,of Liberty:MutualInsurance�Company is;hereby cam. .. rsuthonzed to appointsuch attorneys In fact as may be necessary;toact m behalf;of the Company to make;execute seal acknowledge and =mac 'O _ deliverassuretyanyand.allundertakings tionds.recognizances and'othersuret obhgahons - n-rt %_0 0a)• !That the.Bylaw and the:Authonzaton set.forthaboveale true copiesthereof and are now in.full force.and.effect - T� IN-WITNESS WHEREOF this Power of-Attorney has been subscribed by an authored"officeror official of the Company and the corporate seal of a m. Liberty Mutual Insurance Companyhas been affixed thereto m.Plymouth Meeting Pennsylvania.this 21st day:of --Octobe`r���=ti h ,:,o: y 7 -2010 -ti,Q ri: m rn - - - :LIBERTY MUTUAL INSURANCE COMPANY tt w_'O' tt � ,,,,s37,__.-✓/- - N C E. 3_m c v V Bat spa-.. . /.✓^rte- ;CO e <7_ Garnet W. Elliott AssistantSecretaryf_ r-^ �o .i i COMMONWEALTH OF PENNSYLVANIA^ ss '- Y;C 2.222 D - COUNTY WCALTH GOMERY _ - _. - 0 talc" On this 21st day of October 2010,.before Me a.Notary Public• personally came Garnet W Elliott to me known=and acknowledged 3 that he is an Assistant Secretary of`Liberty Mutual Insurance Company that:fie knows the.seal of said corporation=and that he executed the above. ,T.-- ai. Power ofr:Aft orney and affixed the•corporate seal of Liberty Mutual lnsurance,Companythereto with the authority and at:t e,direction of said:corporation` m 2 INIESTlMONY WH& e P r=^ ,o� rti p .ra -e17 -unto subscribed my nameand anxed.my notanalseal at Plymouth Meeting Pennsylvania con the day and year t v ffiz o first above written e pya We C -� : �� s� ; sue- 4 rd C �N�l� (V O�^_(� CJMMONVlEACTHOFPENN YI"Va A. /_ /\r✓',�/' �--/�-- .1�.. E- > ! :i-•V V \.� 1 TMtta PeS•.- N ahP DI V -: ' • �- A �. Z cOi l "�j 0- R lop nir:a1w.- a a a,28 20 _f"_.. Ter s stella Notary public-- - rte- l - 0,-., CERTIFICATE AYL VG. s �. s �� ✓ ^� l F I;the undersigned Assistan ecretary of LLib rterte y Mutual Innsurance:Company-d ereby ec-I- -7 ify that.the original.powejgf a -ttttorney of-which:the for g i g is a full true•annd correct.copy is ini ful_I:force and effecton the:date'of this:cemficate•and'I:do-furthercertify that the officer ojofficial who executed thef c -said.power`otattorneyis:an„�Assistant SaolitarySpeciallyauttr rued by.fh :caliaman:oithe presidtiri toappointattoineys in factya•prowded'in Artcler =XIII Seat-Ott 5.oof the By laws of Liberty,Mu.uttualInsuranceCo_mpany-^T S-'--'� - � �"�'C _ :7 �-. _ J-� - . v - - _.^;tea T-a� te a Tr This certificate-and:the above.power of;attorney may besigned,by facsimile_or,mechanically:reproduced signatures under and;by authority of.thee _?followingvote•of:the board of dnectors of Liberty Mutual•InsurancelCompany at a eeting duly called and held ob the>12th day of.March 1980 n ✓,; --r:- -NOTED-that ttie facsimile or mechanicallyl7eproduced,signature of_any assistant sestet ar/-of the company wherever�appeanng,upon\a�= �,certrfied:copyof:any power attorney issued by the;company in`:connection"withsurety bonds,sha9-be valid and binding upon the,company� ._wah.the s. ----ice and.effectas thoughmanually affixed. _ 2-'l- —— _^rn'� �✓.�' J :^s�c IN-TESTMONY WHEREOF; Athol"hereunto subscribed my name and au ed!the corporateseal of the said,company=ahis 2NDr-� ✓day ofr _MAY c---_ 20 = Tyr�� � �v� ✓ _ � _v -- n lam.-✓'4:v✓-. l':_�N,�✓�-i ' �.�.�✓By� tea s��-_ n�DavidM CareyAss nt Seccretary-~` �`^mow __ ✓^:� v - v �✓ai - -• - - .ra.,-.. '-�.i-��. . WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS,the CITY OF SEAL BEACH has required certain insurance to be provided by 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. I. 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: Doug Martin Contracting Canpany, Inc. 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 4TJ-UB-8119P586-13 04/01/13 04/01/14 4. Said policy or policies shall not be canceled,voided or reduced in coverage or limits of liability, unless and until thirty days' advance written notice thereof has been served upon the City Clerk of the CITY OF SEAL BEACH� By: t� 1C Its Authorized Representative Richard Wells Page D-51 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Mtvg Martin Contracting Crii. Inc_ Name and address of named insured('Named Insured"): Travelers Property Cacualty P.O. gox 14244, Orange? C/ Name and address of Insurance Company("(ompany"): OFFICIAL TITLE OF PROJECT:2013 ANNUAL SLURRY SEAL PROJECT CIP No.ST 1201 Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: 1. The City of Seal Beach,its elected officials, officers, attorneys, agents,employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall 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. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at Page D-53 City Engineer City of Seal Beach 211 8th Street,2' Floor Seal Beach CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements,or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WI ICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO 4/1/13-4/1/14 LIABILITY $1 ,000,000 1 L Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: k Contractual Liability fa Explosion Hazard ❑ Owners/Landlords/Tenants fa Collapse Hazard Manufacturers/Contractors {i Underground Property Damage a Products/Completed Operations ❑ Pollution Liability a Broad Form Property Damage ❑ Liquor Liability a Extended Bodily Injury ❑ ❑ Broad Form Comprehensive ❑ ❑ General Liability Endorsement 12. A j1 deductible or ❑ self-insured retention (check one) of $ 2,500. applies to all coverage(s)except: (if none, so state). The deductible is applicable 0 per claim or 5}per occurrence(check one). 13. This is an occurrence or❑claims made policy(check one). l4. This endorsement is effective on 4/11/13 at 12:01 A.M.and forms a part of Policy Number 13 Richard Wells (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 April 11341 —_.2013 eI',,` Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( 714) 257 96%4 Page D-54 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY • amean.a•. -sso name.msur'• (_\.0'. i ure• '.n n. r. - .0 a, CA Travelers Prn rt-y Casualty Co ,P O Box L4244, Orange. CA Name and address of Insurance Company("Company"): OFFICIAL TITLE OF PROJECT:2013 ANNUAL SLURRY SEAL PROJECT CIP No.ST1201 Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the `Policy')or in any endorsement now or hereafter attached thereto, it is agreed as follows: The City of Seal Beach, its elected officials,officers,attorneys,agents,employees,and volunteers are additional insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 1. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 2. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 4. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written 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) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 6. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation,and enforcement of this contract of insurance. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Engineer City of Seal Beach 211 8th Street,2nd Floor Seal Beach CA 90740 7. Except as stated above and not in conflict with this endorsement,nothing contained herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this endorsement is attached. Page D-56 TYPE OF COVERAGES TO WHICH POLICY PERIOD 4/1/13-4/1/14 LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: fr] Any Automobiles 0 Truckers Coverage . ❑ All Owned Automobiles Z Motor Carrier Act ❑ Non-owned Automobiles ❑ Bus Regulatory Reform Act ❑ Hired Automobiles ❑ Public Livery Coverage ❑ Scheduled Automobiles ❑ ❑ Garage Coverage ❑ 11. A ❑ deductible or 0 self-insured retention (check one) of $ NONE 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 a occurrence or 0 claims made policy(check one). 13. This endorsement is effective on 4/11 /13 at 12:01 A.M. and forms a part of Policy Number 1 I• Richard Wells (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_ April 11th ,20 13 Signature of Authorized Representative ' 4 C (Original signature only; no facsimile signature or initialed signature accepted) PhoneNo.: ( 714) 257 9644 Page D-57 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 contractors license as set forth below(required at time of award): Business&Professions Code§ 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months,or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13,inclusive. Any contract awarded to,or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (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 Page D-60 verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code§ 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by 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: 470131 Class: 0-12 Expiration Date: March 31, 2015 Date: May 1, 2013 Page D-61 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code§§ 1720, 17718,1775, 1776, 1777.5, 1813, 1860, 1861,3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency("Agency")and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall,as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1.) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by•any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2,Part 7,Chapter 1,Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Date May 1. 2013 Signature i. Q Z 4 J))/L2Es" Dixie Martin, Secretary Page D-63 INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECT OR WORK: 2013 Annual Slurry Seal Project, CIP# ST1201. Indemnitor(s) (list all names): II us. , i, 6 Iu •e■ To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code §2782(a)or(b)the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees,while acting within the scope of their duties, from all claims,losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor" Doug M:61ti C�: ��r�a `...n. C.,� p. Name 1 ;<li�i./pi G1i4 Name: By: Doug Martin, President By: Its Page D-64 Ac CERTIFICATE OF LIABILITY INSURANCE DATE,1 01 1 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(les) 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 Adamson & McGoldrick Insurance Solutions CONTACT NAME: Sally Duore 1800 E. Lambert Rd., Ste 225 PHONE ANC No.E#): 714-257-9644 FAX INC,No): 714-757-98.3.3__ Brea, CA 92821 E-MAIL ADORESr sdupreesnains com INSURERIS)AFFORDING COVERAGE NAIL a www.snains.com INSURER A: Travelers Property Casually_Go INSURED INSURER B: Doug Martin Contracting Co Inc 220 E. Foundation Ave. INSURER C: La Habra CA 90631 INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 16018408 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE IADDL SUER POLICYEFF POLICYEXP LIMITS LTR INSR WVD POLICY NUMBER (MMIDDNYYY) (MMNO/YYYY) A GENERAL LIABILITY 4T22CO8119P586TCT13 14/1/2013 4/1/2014 EACH OCCURRENCE Is 1,000,000 —,/1 COMMERCIAL GENERAL LIABILITY DAAGESENT ) 13 300,000 I CLAIMS-MADE I I OCCUR MED EXP(Any we penal) E 5,000 PERSONAL S ADV INJURY 5 1,000,000 1 I GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG E 2,000,000— POLICY 17 I PEa 1 I LOC E A AUTOMOBILE LIABILITY 848119P586-13-CNS 4/1/2013 1 4/1/2014 OMBINEDSINGLE LIMIT a emdenp $ 1000000 .1 ANY AUTO 1 BODILY INJURY(Per person) E ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS ✓ AUTOS (Per accident) E S E UMBRELLAUAB OCCUR EACH OCCURRENCE E 1,000,000 A J ✓ 4TSMCUP8119P586TIL13 4/1/2013 4/1/2014 EXCESS UAB CLAIMS-MADE AGGREGATE E_ 1,000,000 OED RETENTIONENOne S i E (A WORKERS COMPENSATION 4TJ-UB8119P586-13 4/1/2013 4/1/2014 WCSTATU- oTy�- AND EMPLOYERS'LIABILITY Y/N TORV LIMITa l ER ANY PROPRIETORIPARTNER/EXECUTIVE I. 1 EL.EACH ACCIDENT I S 1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) EL.DISEASE-EA EMPLOYEE!$ 1000000 If yes,desbe uncle/ DESCRIPTION OF OPERATIONS IXIOw E.L.DISEASE-POLICY LIMIT I5 1,000,000 DESCRIPTOR OF OPERATIONS I LOCATIONS!VEHICLES(Attach ACORD 101,Additional Ramada Schedule,II mote apace Is required) Project:2013 Annual Slurry Seal Project,CIP No.St.1201. City of Seal Beach,its ofcers,officials,employees,designated volunteers and agents serving as independent contractors in the role of City officials,are named as additional insureds per attached endorsement.Coverage is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Clerk ACCORDANCE WITH THE POLICY PROVISIONS. 211 8th Street Seal Beach CA 90740 AUTHORIZED REPRESENTATIVE Dick Wells ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD CERT NO.: 15010400 CLIENT CODE DOUGH-1 Sally Dupre 4/11/2013 11:40:50 AM Page 1 of 1