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AGMT - Southern Contracting Company (West End Pump Station VFD and Sump Pump Replacement)
RECORDING REQUESTED BY AND WHEN'RECORDED MAIL TO CITY'OFSEAL BEACH Attn City Clerk 211 -8th Street Seal Beach, CA 90740 Recorded in Official Records, Orange County Hugh Nguyen, Clerk- Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIII�IIIIII II NO FEE *$ R 0 0 0 9 0 3 7 6 3 8$* 201700004649311:32 am 02/01/17 37 411 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Space of above this line for Recorder's use. No Recording Fee Pursuant to Government Code Section 6103, 273 3 15 NOTICE OF COMPLETION FEB 13 2017 CITY CLERK Notice pursuant to Civil Code Section 3093, must be filed within 10 days after cor piptfogy OF SEAL BEACH 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 ofithe owner is: City of Seal Beach. 3. The address of the owner is, 21 1 8th Street, Seal Beach, CA:90740. 1 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 isdesdribed ".assubstantially completed on September 2. "2016. The work was West End Pump- Station Variable Frequency Drive and 6. The :name" of the contractor(s), if any, for such improvement was: Southern Contracting Company The date of the Contract Award was>September28. 2015: 7. The property on which said work-of improvement was completed injthe City of Seal Beach, County of Orange; State of California, and is described as follows: 43 'f Riversea Road. City of Seal Beach. Date: tivillip Deputy Director of "Public Works, City of Seal Beach Signature:of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Interim 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,penaltyof perjury the foregotag is true and correct. Executed on 2Q16, $t Seal (Date of Signature) I / Director of Public "Works, City of Seal Beach I I� Winnie Bell From: Winnie Bell Sent: Monday, February 01, 2016 2:46 PM To: 'dorisj @socalccc.org' Subject: Response to CPRA 15 -228, Your ID 15- 620793 Attachments: AGMT - Southern Contracting Company.pdf Importance: High Doris Johnson, Attached is response to your request of 10/28/2015 and second request of 02/01/2016. Looks as though the response to the first request was sent to incorrect email address. I apologize for that. If we can be of further assistance, please let us know. Sincerely, wiwwle Kell Winnie Bell Part-Time Executive Assisstant City Clerk's Office City of Seal Beal 211 8`h Street, Seal Beach, CA 90740 (562) 431 -2527 Ext. 1304 I v i1 �1 For information about Seal Beach, please see our city website: http: / /www.sealbeachca.gov NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. Center for Contract Compliance CENTER FOR CONTRACT COMPLIANCE Fl Monte C3E r-l" 063 March Santa Anita Ave. &t't 00 • El Monte. CA 91731 TEL j525) 4411 -6365 FAX (15 251 44 "Please reference ED number 15- 620793 in Dare. February 01, 2016 FEB 0-1 2016 response to this query, include general contractor /sub - contractor and MUST PROVIDE Numberofpagas: (1) CITY CLERK T.I ..N F NUMBERS, Thank you. I CITY OF SEAL BEA( To: City Clerk City of Seal Beach 211 8th St Seal Beach CA 90740 -6305 Phone: (562) 431 -2527 COMMENTS: From Doris Johnson 4399 Santa Anita Ave., Suite 100 El Monte, CA 91731 dorisj@socalccc.org Phone: (626) 444 -8355 ext. 101 Fax. (626) 444-8173 This FAX is a formal request for a copy of the General Contractor, Sub - Contractors List Multiple Prime Contractor's If any, Start & Completion Date, Bid Advertisement Date and Award Date for the following referenced project. PROTECT: ITEM: VFD -Sump Pump Replacement (West End Pump Station) SD1601 • We are requesting the documents pursuant to the California Public Records Act, Government Code Section 6250, et. Seq. Public Contract Code Section 4104, et. Seq., requires that the general contractor list the name, location of each awarded subcontractor, and license number of each awarded subcontractor, at the time of bid submission. Under the statute, if the general contractor does not list the subcontractors, then the general contractor is required to perform the work with their own employees. Please fax the requested information directly to our office @ (626) 444 -8 173 or e-mail dorisjQa socalecaorQ Should you have any questions, please do not hesitate to contact me () (626) 444 -8355 I look forward to your prompt response. Thank you for your time and courtesy) Robin Roberts e From: Robin Roberts Sent: Monday, November 02, 2015 5:18 PM To: 'dorisj @socalcc.org' Subject: ID 15- 620793 Project Item VFD Sump Pump Replacement (West End Pump Station SD1601 Hi Doris, In response to your inquired dated October 20, 2105, please see the following comments from Public Works: • The General Contractor is Southern Contracting Company • There are no listed Sub- Contractors • The Project was advertised on 8/27/15 and on 9/3/15 • The Project was awarded on 9/28/15 • At this time, there no estimated start or completion date Please let me know if you would like a copy of the agreement when it is fully executed. Sincerely, Robin L. Roberts, MMC City Clerk 211 8th Street, Seal Beach, CA 90740 (562) 431 -2527 Ext.1305 For information about Seal Beach, please see our city website: http: / /www.sealbeachca.gov Center for Contract Compliance �/1Q CENTER FOR COOT ACT COMPLIANCE El Monte office 4399 North Santa Ana Ave. 9-100 • El Monte, CA 91731 TEL (626) 444 -13355 - FAX (626) 444 -8173 "Please reference ID number 15- 620793 in response to this query, include general contractor /sub - contractor and MUST PROVIDE LICENSE NUMBERS, Thank you. To: City Clerk City of Seal Beach 211 8th St Seal Beach CA 90740 -6305 Phone: (562) 431 -2527 CONINIE\TS: Dare: October 20, 201S Nmber of'pages: (1) From Doris Johnson 4399 Santa Anita Ave.. Suite 100 El Monte, CA 91731 dorisj @socalcee.org Phone: (626) 414 -8355 ext. 101 Fax. (,626) 444 -8173 ac VEMEo OCT 262015 CITY CLERK This FAX is a formal request for a copy of the General Contractor and or Prime Contractors, Sub - Contractors List, Estimated Start & Completion Date, Bid Advertisement Date and Award Date for the following referenced project. PROJECT: ITEM: VFD -Sump Pump Replacement (West End Pump Station) SD1601 . We are requesting the documents pursuant to the California Public Records Act. Government Code Section 6250, et Seq. Public Contract Code Section 4104, et. Seq., requires that the general contractor list the name, location of each awarded subcontractor, and license number of each awarded subcontractor, at the time of bid submission. Linder the statute, if the general contractor does not list the subcontractors, then the general contractor is required to perform the work with their own employees. Please fax the requested information directly to our office (w (626) 444 -8173 or e-mail dor s� absoealce"re Should you have any uestions, please do not hesitate to contact me L (626) 444 -8355 I look forward to your prompt response. Thank you for your time and courtesy! r PUBLIC WORKS AGREEMENT West End Pump Station VFD and Sump Pump Replacement Project CIP NO. SDI 601 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Southern Contracting Company 559 N. Twin Oaks Valley Road San Marcos, CA 92069 (619) 744 -0760 (760) 744 -9691 - FAX THIS AGREEMENT is made as of the 28`h Day of September 2015, by and between the City of Seal Beach, a California charter city ( "City"), and Southern Contracting Company, a General Contractor ( "Contractor "). RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the West End Pump Station VFD and Sump Pump Replacement Project CIP No. SD1601 ( "Project ") with respect to design criteria; and B. WHEREAS, Contractor has submitted a bid to City for the Project dated September 15, 2015 in the amount of $223,500 ( "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. 0 0 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 September 28, 2015 (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 $223,500, 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, famished 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 0 0 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. 0 0 5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. 5.6 Survival. The provisions of this Section 5 shall survive the termination of the Agreement and are in addition to any other rights or remedies that hndemnitees 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. Automobile Liability. 6.1.2 Exhibit D -2: Additional Insured Endorsement - 6.1.3 Exhibit D -3: Additional Insured Endorsement. 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1(87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured— Owners, Lessees or Contactors (Form B). 6.2.4 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 0 0 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. 6.5.3 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:VIIl 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. 0 0 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. 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 City's regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Sea] 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: Southern Contracting Company 559 N. Twin Oaks Valley Road San Marcos, CA 92069 Telephone (760) 744 -0760 Fax: (760) 744-9691 Attn: Philip E. Waterman, President 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 9 • 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 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 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. (Intentionally Left Blank) 0 CITY OF SEAL BEACH Flip, Iwo I'M �4 I =PIAIM-19 MOWN' Attest �n By, Zff a I4app, City Clerk (�,b� Approved to o By: C i teel, City Attorney CONTRACTOR: Southern Contracting Co. By: 7� �i f, Bond No. 106273032 EXECUTED IN DUPLICATE Bond Premium $2,459.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT PERFORMANCE BOND BASED ON FINAL CONTRACT PRICE KNOW A1,1. PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded SOUTHERN CONTRACTING COMPANY 559 NORTH TWIN OAKS VALLEY ROAD SAN MARCOS CA 92069 (Name and address of Contractor) ( "Principal "), a contract (the "Contract') for the work described as follows: Nest End Pump S[adon VFD and Sump Pumn Replacement No SD 1601 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, andTRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 21688 GATEWAY CENTER DRIVE DIAMOND BAR CA 91765 address of Surety) C'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 TWO HUNDRED TWENTY THREE THOUSAND FIVE HUNDRED AND 00/100 Dollars ($223,500.00 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 father agrees to pay all court costs and reasonable attonteys' 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 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 duty executed by Principal and Surety, on the date set forth below, the name of each corporate Appendix A -13 patty being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its goveming body. Dated: NOVEMBER 16, 2015 "Principal" "Surety "TRAVELERS CASUALTY AND SOUTHERN CONTRACTING COMPANY SURETY COMPANY OF AMERICA By \t [[s P iILIP E. WATERMAN, PRESIDENT By: Its By: Its CHIN G. MA E , ATTORNE - -FACT By 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. Appendix A -14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of SAN DIEGO ) On 11/16/2015 before me, Date MICHELLE M. BASUIL, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared JOHN G. MALONEY Name( of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name()) is /ere subscribed to the within instrument and acknowledged to me that he/sheMhey executed the same in his,'HaF=the authorized capacity(ies), and that by his /4964h49 r signature(e) 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 PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MICHELLE M. BASUIL •�•� COMM # 2034911 Z -• �' SAN DIEGO COUNTY Signature ?'�lX �^ • %O.�' -<, -i% Qq NOTARY PUBLIC - CALIFORNIA Z Signature of Notary Public MY COMMISSION EXPIRES AUG. 24, 201 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: JOHN G. MALONEY ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual A Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: Signer's Name: D Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n Other: Signer Is Representing: �.` #'vG�.G' ti.�'av 'yi(.SL: �. 'vi �✓LCaG�q<`v 'u4�vl<d 'yKd' <yi'v `_ v�riMG�ai'vGiv'✓ � _ _ 02014 National Notary Association - www.Nationa]Notary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 Al' OWER OF ATTORNEY J Farmington Casualty Company St. Paul Mercury Insurance Company TRAVELERS Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 229109 Certificate No. 006434354 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint John G. Maloney, Mark D. latarola, Michelle M. Basuil, and Helen Maloney of the City of Escondido , State of California , their true and lawful Attomey(s}4n -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of July 2015 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 30th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casually and Surety Company of America United States Fidelity and Guaranty Company 9U f! .q,,.... f \ <E<' ollM„!ySp lY ,M8V9< ltlY µ< �r{tr.ub 1' tin � nrororam _ %�voxar� n s 1963 o j97% " ml I a1a11+aRU, aMlid4 } <� f'p� 19$1 yo �`SE ALl�e' iES8ALi �O�S�E 1� VE tP'Ax1F- c" V State of Connecticut By: j,7j City of Hartford ss. Robert L. Raney, 9.ior Vice President On this the 30th day of July 2015 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that be, as such. being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,TfT In Witness Whereof, I hereunto set my hand and official seal. T*Aq My Commission expires the 30th day of June, 2016. *+ t0(IBUG t 'yMFC:f'S 58440 -8 -12 Printed in U.S.A. POWER OF ATTORNEY IS INVALID Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Fartnington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's time and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President- any Executive Vice President, any Senior Vice President. any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Armrneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned. Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 16TH day of NOVEMBER 20 15 Gam, le Kevin E. Hughes, Assistant Sea 1 prsuarr` -wWrY ne a �nw ixr, ,xs e • n •nee -rntr t dy- --... ......!! .ti � •` a cw W.,x 3'y�y �9%% g 'VNGa11E0 ; • m( ^ rim a: -.-9a� ^ 4 iWnPoRD. aa(X) ft 99 It 9 ' yS i 'mow ¢ 1957 ez �.SE 0.L�e' �5NAW1 1OES � q rya i l� � „ ^. "" 4. jMa ip... -.. r�, •.�' Aa' "Q17 AIN To verify the authenticity of this Power of Attorney, call 1- 800421 -3880 or contact us at www.traveleNbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. EXHIBIT B PAYMENT BOND Appendix A -15 EXECUTED IN DUPLICATE Bond No. 106273032 Bond Premium INCLUDED IN PERFORMANCE BOND PAYMENT BOND (LABOR AND NIATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that NHEREAS the City of Seal Beach, has awarded to SOUTHERN CONTRACTING COMPANY 559 NORTH TWIN OAKS VALLEY ROAD SAN MARCOS CA 92069 (Name and address of Contractor) (`Principal'), a contract (the "Contract`) for the work described as follows: West End Pump Station VFD and Sumo Pump Replacement No SD 1601 WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics. materialmen, and other persons as provided by law, NOW, THEREFORE, we, the undersigned Principal, and TRAVELERS CASUALTY AND SURETY COMPANY C (Fame and address of Surety) ( "Surety ") a duly admitted surety insurer under the laws of the State of California, as Sure y. are held and firmly bound unto the Public Agency in the penal sum of ONE HUNDRED ELEVEN THOUSAND SEVEN HUNDRED FIFTY AND 00/100 Dollars (S 111 750.00 this amount being not less than fifty percent (50 %) of the total contract price. in lawful money of the United States of America, for die 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 die persons named in Section 3131 of the California Civil Code, or any amounts due under the Uneniptoyment 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 3131 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 aromeys' 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 Appendix A -16 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 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: NOVEMBER 16, 2015 "Principal" ;'Surety" ND SOUTHERN CONTRACTING COMPANY By _ BY Its HILIP E. WATERMAN, PRESIDENT By: Its By: TRAVELERS CASUALTY A SURETY COMPANY OF AMERICA Its OHN G. MA , ATTORNEY -IN -FACT [u (Sea]) (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. Appendix A -17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of SAN DIEGO ) On 11/16/2015 before me, Date personally appeared MICHELLE M. BASUIL, NOTARY PUBLIC Here Insert Name and Title of the Officer JOHN G. MALONEY Names) of Signers) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is /ere subscribed to the within instrument and acknowledged to me that hefaheAhey executed the same in his:herrt ;ei; authorized capacity(ies), and that by his /heFA e r signature(e) on the instrument the person(e), or the entity upon behalf of which the person(g) 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. MICHELLE M. BASUIL COMM # 2034911 Signaturei'7i SAN DIEGO COUNTY QQ NOTARY PUBLIC - CALIFORNIA Z Signature of Notary Public MY COMMISSION EXPIRES AUG.24,2017 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: JOHN G. MALONEY ❑ Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Individual X Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n Other* Signer Is Representing: �,«� - <., am« -.. va+� ym d<:�ti �<t:, . �< -, �.md .d dmv,•t:,my .y �« A' POWER OF ATTORNEY TRAV E L E RS J Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney-In Fact No. 229109 Certificate No. 006434355 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St- Paul Guardian Insurance Company, St. Paul Memory Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint John G. Maloney, Mark D. latarola. Michelle M- Basuil, and Helen Maloney of the City of Escondido , State of California , their Ime and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 30th day of July 2015 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Memory Insurance Company travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company cxsaaA < yo�xM' ^ks�s ap�..,xxoos : rr µa �xMWry SFy4v'ub °�' 60 "�uxAtta �i`jp °� °'i' cW! t. Cato 3um°mm �,1983�p o g i' _ o aARIFem, aNndP 56".rcM1'a'4' rase State of Connecticut City of Hartford ss. By: 40! (Robert L. Raney. enior Vice President On this the 30th day of July 2015 before me personally appeared Robert L- Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine insurance Company, SL Paul Guardian Insurance Company, St. Paul Memory Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.T!) In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440 -8 -12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS Marie C- Teneeult, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman. any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, mcognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, m conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any pan of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is FURTHER RESOLVED, that the signature of each of the following officers: President. any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assismnt Secretaries or Anomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., SL Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Tmvelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 16TH day off NOVEMBER —2015 . le Kevin E. Hughes, Assistant Sec tary G� ar.6uaYra t3' lY '6 a� a i QO�IO ''�9 aP�.,na�,ga aanaa axak �rPUNr 4�4>11Y'WO >F�6 n ■cotnotnra � _'Or'yR a 1ft2 0 1977 ' a� n ararPoao,° rfarwrm, i ass x i� ®� 1951 ^w�o � seat.JSe' "S8dL; � S y� P 1896 •• F r.,n ° s.,Jw+F;` Oatts' To verify the authenticity of this Power of Attorney, call 1-800421-3880 or contact us at www.travelemband.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. THIS AcoRo® CERTIFICATE OF LIABILITY INSURANCE l`/ F DATE(MMIDDIYVYY) 1 11/1712015 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 SullivanCurtisMonroe Insurance Services 980 Montecito Drive, Suite 105 Corona , CA 92879 CONTACT NAME: PHONE 851.493.3300 nrX N 951.493.3399 INC. No Skit E-MAIL ADDR INSURER (S) AFFORDING COVERAGE NAIC % r/ INSURER A: Valley Force Insurance Company 20508 www.Sull Ivan CurtisMonme.cem License # OEB3670 INSURED Southern Contracting Company P.O. Box 445 INSURER S : Zurich American Insurance Company 16535 INSURER C: Travelers Property Casualty Co of America 25674 INSURER 0: Hanover Insurance Company 22292 San Marcos CA 92079 NSURER E NSURER,: $ 300,000 V COVERAGES CERTIFICATE NUMBER: 27335765 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 R TYPE OF INSURANCE ADDL INSO SUDR MD POLICY NUMBER MMI DYiYYYY POLICY Irr� LIMITS A �/ COMMERCIAL GENERAL LIABILITY r/ r/ 4030400668 10/1/2015 10/1/2016 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE a OCCUR XCU Included PREMISES EaECccv ante $ 300,000 V MED EXP (My one person) $ 5,000 Railroad Exclusion Removed by Contractors GL Endorsement PERSONAL B ADV INJURY $ 1,000,000 GEN -L AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE $ 2,000,000 POLICY EO- F7 LOG PRODUCTS- COMP /OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY BAP931901904 101112015 10/1)2016 COMBINED SINGLE LIMB $ 1000000 BODILY INJURY (Per person) $ ANY AUTO BODILY IMURV(Per accident) $ J ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS I AUTOS Comp Ded $1,000 PROPER DAMAGE DAMAGE S $ Coll Ded $1,000 C UMBRELLA LIAB ,/ OCCUR ZUP15S56502 1011/2015 10/1/2016 EACH OCCURRENCE, $ 10000000 AGGREGATE $ 101000,000 EXCESS LIAB CLAIMS -MADE DED RETENTIONS $ B WORKERS COMPENSATION EMPLOYERS' LIABILfiY ANY PRCPRIETOWPARTNERIEXECUTIVE YIN WC931902004 10/1/2015 10/112016 PEAT GET" E.L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? ❑ (Mandatory In Kilt N / A E.L. DISEASE - EA EMPLOYE $ 1,000,000 E. L. DISEASE -POLICY LIMIT I $ 1,000,000 H es,descnbe under DESCRIPTION OF OPERATIONS below 0 Owned Contractors Equipment RH3969721603 10/1/2015 1011/2016 Limit: $2,333,3661$1,000 Ded $10k Ded Theft / 2e/ /$5k Min Ded on Cranes D Hired, Leased or Rented Equipment Limit:$2,000,000 /$1,000 Ded DESCRIPTION OF CPERATONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule. may be attached if more space is required) RE: SCC Job No. 101011 - West End Pump Station VFD and Sump Pump Replacement No. SO 1601 See Addendum CERTIFICATE HOLDER CANCELLATION RE: SCC Job No. 101011 - West End Pump Station VFD and Sump Pump Replacement No. S01601 City of Seal Beach CIry Hall 211 Eight Street Seal Beach CA 90740 -6379 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Bertha Carrillo ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 27335765 I SOVIHCONI 1 15/16 GL CAU UMC GCO CE I Tien Le 1 11/17/2015 3:01:33 PH (PST) I Page I of 6 Tin- certificate carrels and supersedes ALz previously issued certifica -ea. AGENCY CUSTOMER ID: SOUTHCONI LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY SullivanCurtisMonroe Insurance Services NAMED INSURED Southern Contracting Company P.O. Box 445 San Marcos CA 92079 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (01/14) HOLDER: City of Seal Beach City Hall AnnRFSS- 211 Eiaht Street Seal Beach CA 90740 -6379 City of Seal Beach, their elected officials, officers, attorneys, agents, employees and volunteers are included as additional insured as per attached blanket endorsements. A waiver of subrogation applies as per the attached blanket endorsements. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDENDUM 21335765 1 S-OT Mil 1 15116 GL CAU UM.0 wm CS I Tien Le 1 11/17/2015 2:01:33 eN (PST) I Page 2 of 6 TSis certificate caso is and supersedes ALL p.evicvely issued certi.ica -es. 4030400668 G- 140331 -D CNASouthern Contracting Company (Ed. 01/13) BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows: SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by "written contract" per Paragraph A. below.) Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part.) A. Section II -Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the "written contract"; or b. "Your work" that is specified in the "written contract" but only for "bodily injury" or "property damage" included in the "products- completed operations hazard," and only if: (1) The "written contract" requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. If the "written contract" specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010 (aka CG 20 10 10 01), or via the 10/01 edition of CG2037 (aka CG 20 37 10 01), or via the 11/85 edition of CG2010 (aka CG 20 10 11 85), then in paragraph B.1. above, the words'caused in whole or in part by' are replaced by the words 'arising out of. 3. We will not provide the additional insured any broader coverage or any higher limit of insurance than a. The maximum permitted by law; b. That required by the "written contract"; c. That described in B.1. above; or d. That afforded to you under this policy, whichever is less. 4. Notwithstanding anything to the contrary in Condition 4. Other Insurance (Section IV), this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or G- 140331 -D (Ed. 01/13) Page 1 of 2 Copyright, CNA All Rights Reserved. 27335765 1 S0=001 1 15/16 CL CAU UPC MCO C- I Tien Le 1 11/17/2015 2:01:33 PM (PST) I Page 3 of 6 nia ce__v_vcace cancels and euFeraetles A:.L previously issued cec_v_vca[es. G- 140331 -D (Ed. 01/13) any other basis. But if required by the "written contract" to be primary and non - contributory, this insurance will be primary and non - contributory relative to insurance on which the additional insured is a Named Insured. S. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of. a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part C. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit' under this insurance, and of any claim or "suit" that does result; (2) Except as provided in Paragraph 6.4. of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit'; and (4) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the "written contract" requires this insurance to be primary and non - contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit." D. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to a. The "bodily injury" or "property damage "; or b. The offense that caused the "personal and advertising injury," for which the additional insured seeks coverage under this Coverage Part. All other terms and conditions of the Policy remain unchanged. G- 140331 -D (Ed. 01/13) Page 2 of 2 Material used with permission of ISO Properties, Inc. Copyright, CNA All Rights Reserved. 27335765 1 SOUHC@II 1 15/16 GL C U W..0 WCO C3 l Tiea Le 1 11/11/2015 2:01:33 PM (PST) I Page 4 of 6 This ce_.v.ica -e cancel¢ ands upersedes ac". previously issued ce.ci_icaces. Policy Number: 4030400668 11/17/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF. RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations where required by written contract. City of Seal Beach City Hall RE: SCC Job No. 101011 - West End Pump Station VFD and Sump Pump Replacement No. SD1601 (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To Us Condition (SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: 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 under a contract with that person or organization and included in the "products - completed operations hazard' This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 27335765 1 SOUTHCONI 1 15/16 GL CAU UKC WCO CE I Tien Le 1 11/17/2015 2:01:33 PM (PST) 1 Page 5 of 6 This ce_iifLcace cancels and supersedes ALL previously issued ce- iicaces. 1 1/1 71201 5 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 444) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is Issued subsequent to preparation of the policy.) This endorsement, effective on 10/1/2015 (DATE) Policy No. WC931902004 of the issued to Southern Contracting Company Premium (if any) S at 12:01 A.M. standard time, fors a part of Endorsement No. Zurich American Insurance Company (NAMEOFIN.'[- -- - -- -...._ Authorized Representative We have the right to recover our payments from anyone liable far an injury covered by this policy. We will not enforce our rightagainst the person or organization named in the Schedule. (This agreement applies only to the extentthat you perform work under a written contractthat requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The premium charge for this endorsement shall be 0.0 % of the California workers compensation premium otherwise due on such remuneration. Schedule Person or Organization ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHT FROM US ltiC 252 (484) VVC 04 03 De (Ed. 4 -84) Job Description BLANKET WAIVER OF SUBROGATION 27335765 1 SOU.'NCON: 1 15/16 Cu CAT UMC WCO CS I Tien Le 1 11/17/2015 2:01733 PM (PST) I Page 6 of 6 T!i1s certificate cancels a:. supersedes A:.L previously issued certificates. Page 1 of 1