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HomeMy WebLinkAboutAGMT - Ramco General Engineering Contractor (Council Chamber Remodel)I t. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Recorded in Official Records, Orange County Hugh Nguyen, Clerk- Recorder IIIIIIIII111 III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE *$ R 0 0 0 9 0 3 7 6 3 7 8 201700004649211:32 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. nn ** No Recording Fee Pursuant to Government Code Section 6103, 27 83 REC[E V ED I FEB 13 2017 I Sri NOTICE OF COMPLETION CITY CLERK CITY OF SEAL BEACH Notice pursuant to Civil Code Section 3093, must be filed within 10 days after 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 December 1 2016. The work was Council Chambers Remodel Project Number BG1401 and the SBTV -3 Control Room Upgrades BG1402. 6. The name of the contractor(s), if any, for such improvement was: Ramco General Engineering Contractor The date of the Contract Award was May 9 2016. 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: 211 8'" St., City of Seal Beach. Date: il-mby 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 penalty of perjury the fore in is true and correct. Executed on 1 0 J , 017, t Seal Bea h, California. I (Date of Signature) - Director of(put5lic Works, City of Seal Beach PUBLIC WORKS AGREEMENT FOR COUNCIL CHAMBERS REMODEL CIP NO. BG1401 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 Ramco General Engineering Contractor 10545 Dale Road Agua Dulce, CA 91390 (818) 272 -4221 (661) 268 -7353 - FAX THIS AGREEMENT is made as of May 9, 2016, by and between the City of Seal Beach, a California charter city ( "City "), and Ramco, a General Contractor ( "Contractor "). RECITALS WHEREAS, the City Council has approved the plans and specifications for the Council Chambers Remodel Project Number BG1401 ( "Project ") with respect to design criteria; and WHEREAS, Contractor has submitted a bid to City for the Project dated April 20, 2016 in the REVISED amount of $310,700.00 ( "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 Contractor's Services. 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. 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. 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. 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. Effective Date. This Agreement is effective as of May 9, 2016 (the "Effective Date "), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of $310,700.00, 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. Contractor's Personnel. 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. 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. 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. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnity 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. 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. Indemnification. 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. 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. 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. 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. Waiver of Right of Subrogatidn. 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. 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. Insurance. Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subcontractors. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: General Liability. Exhibit D -1: Additional Insured Endorsement - Commercial Exhibit D -2: Additional Insured Endorsement - Automobile Liability. Exhibit D -3: Additional Insured Endorsement. Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured — Owners, Lessees or Contactors (Form B). Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. than: Minimum Limits of Insurance. Contractor shall maintain limits no less 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. Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 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. Deductibles and Self- Insured Retentions. Contractor shall inform City of any deductibles or self- insured retentions except with respect to any professional liability insurance. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 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. 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. 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. 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. 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. 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. 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. 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. 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. 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 duping 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 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: Ramco General Engineering Contractor 10545 Dale Road Agua Dulca, CA 91390 Telephone: (818) 272 -4221 Fax: (661) 268 -7353 Attn: Emilio Ramirez 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. 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. 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. 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. 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. j ,1 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. 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 By: !: -'W j (YR. Ingram, city IJ.g - Atte Robin Roberts, Approved as LM City Attorney CONTRACTOR: By: (Zwco Name: 1�LiILtu 01iIki5�T Title: Ov `M' v Name: Title: EXHIBIT A FAITHFUL PERFORMANCE BOND Exhibit A, Page I Bond No. CE11510700782 KNOW ALL PERSONS BY THESE PRESENTS that: Bond Premium $8.544.00 Final premium is based on final contract amount. PERFORMANCE BOND WHEREAS the City of Seal Beach, has awarded to Ramco, General Engineering Contractor (`Principal "), a contract (the "Contract ") for the work described as follows: COUNCIL CHAMBERS REMODEL PROJECT N0, BG1401 AND SBTV3 CONTROL ROOM UPGRADES BG1402,1NCLUDING SPECIFIED ADA MODIFICATIONS. WHEREAS, Principal is required under the terns of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and Philadelphia Indemnity Insurance Company One Bala Plaza Suite 100 Bala Cynwyd PA. 19001 -1403 (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 Three hundred ten thousand seven hundred 00/100 Dollars (S 310,700.00 ), 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, family 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 attomeys' 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, shaii in anyway affect ii; ebiigatiw s under wis bond, and it doe, hereby waive net:cs 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 rcpresentative(s) pursuant to authority of its governing body. Dated: May 12, 2016 "Principal" Ramco General Engin ing Contractor By: Its go Its "Surety" Philadel hia Inde i (.s ance C mpany i By: Its Steven A. Swartz, Attorney -in -fact m (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. California All- Purpose Certificate of Acknowledgment 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 Orange S.S. On May 12, 2016 before me, Derek Syme, Notary Public Name o`NClan PUUllc 1 "i!le personally appeared Steven A. Swartz Name of Signer tit N/A Name of Signer k2) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is /axe subscribed to the within instrument and acknowledged to me that he% ktato y executed the same in hisithax it authorized capacity(iss), and that by his /hedtmlr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL INFORMATION DEREK SYME Commission # 2123659 -o Notary Public - California zZ Orange County My Comm. Ex Tres Aua 15, 2019 ;,eat Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowiedgmeat to an unauthorized document and may prove usetrui to persons relying or) the- attached docufent. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled /for the purpose of Bond No. CE11510700782 containing 2 pages, and dated Mav 12, 2016 The signer(s) capacity or authority is /are as: ❑ Individual(s) Xi Attomey -in -fact ❑ Corporate Officer(s) FIR- LN In- Guardian /Conservator Partner- Limited /General Trustee(s) Other: - 1tle(s) representing: Philadelphia Indemnity Insurance Company Na::yg�or n�rsore7 enr�yoci)sa�r;y rnp,asa,w,r Method of Signer Identification Proved to me on the basis of satisfactory evidence: ❑ form(s) of identification ❑ credible vntness(es) Notarial event is detailed in notary journal on: Page# Entry# Notary contact: Other ❑ Additional Signer ❑ Signer($) Thumbprints(s) El e, 2009 -2015 Ni Learning Center - All Rights Reserved You .;an purchase copies of this form from our weh site at 7987 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St, Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004 -0950 Power of Attorney KNOW ALI, PERSONS BY THESE PRESEN "1'S: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under die laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Steven A. Swartz, Kelly Specht, Lorie Mandcl, and Nicki Swartz, Michael Herranen and "Thomas C. Buckner of the City of San Clemente, State of California of South Coast Surety, its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00, This Power ofAttorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I" day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorneys) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any Such Allomcy -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT 10 BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS IOre DAY OF JUNE 2013. On this 10" day of June 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY: that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMON (^ 1 pI�1(I� / Knib" 4 Keziiakt tau, akY lawn MeN, Tqv M6'pitll lm5y Mr GmMirG tr<u urn K[n rcwmvru.om. aiorws Notary Public: residing at Bala Cynwyd PA (Notary Seal) My commission expires: December 18 2016 I, Edward Savago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 10r" day of June 2013 true and correct and are still in full force and effect 1 do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my time and affixed the facsimile seal of each Company this day of 20� CY s C 4 o Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY (Seal) . >,,,. y. Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 10" day of June 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY: that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMON (^ 1 pI�1(I� / Knib" 4 Keziiakt tau, akY lawn MeN, Tqv M6'pitll lm5y Mr GmMirG tr<u urn K[n rcwmvru.om. aiorws Notary Public: residing at Bala Cynwyd PA (Notary Seal) My commission expires: December 18 2016 I, Edward Savago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 10r" day of June 2013 true and correct and are still in full force and effect 1 do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my time and affixed the facsimile seal of each Company this day of 20� CY s s'y 27 ` 2i Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY y. EXHIBIT B PAYMENT BOND Exhibit B, Page 1 Bond No. CE11510700782 Bond Premium Included in Performance Bond PAYMENTBOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded to Ramco. General Eneineering Contractor ( "Principal"), a contract (the "Contract ") for the work described as follows: COUNCIL CHAMBERS REMODEL PROJECT NO. BG1401 AND SBTV3 CONTROL ROOM UPGRADES BG1402. INCLUDING SPECIFIED ADA MODIFICATIONS. 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 Philadelphia Indemnity Insurance Company One Bala Plaza Suite 100 Bala Cynwyd PA 19004 -1403 (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 One hundred fifty -five thousand three hundred fifty 00/100 Dollars ($ 155 350.00 this amount being not less than fifty percent (50 %) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or tabor 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, Surery further agrees to pay ail court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surely, 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 name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: `Principal' 12, 2016 Ramco General Engi e g Contractor Its By: Its "Surety" Philadelphia IndemnityjlnWrante'Cympany y By: Its Steven A. Swartz, Attorney -in -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. California All- Purpose Certificate of Acknowledgment 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 Orange S.S. On May 12, 2016 before me, Derek Syme, Notary Public Name of Netary Public wle personally appeared Steven A. Swartz Name of SSgner (1) N/A Neme o ff 2) evidence who proved to me on the basis of satisfactory to be the person(s) whose name(s) is /axe subscribed to the within - instrument and acknowledged to me that he/skedovy executed the same in his/ftealthak authorized capacity(ios), and that byhis /hafteir signature(s) on the instrument the person(s), or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. sitp .W' of Nntary Public OPTIONAL INFORMATION DE13EKSYME Commission # 2123659 o Notary Public - California i = Orange County > My Comm. Ex ires Au 15, 2019' Seal Although the information in this section is not required by law, it could prevent fraudulent remrval and reattachment of this acknowledgment to an unauthonzod document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled /for the purpose of Bond No. CE1 1510700782 containing _2 _ pages, and dated hLay 12, 2016 The signer(s) capacity or authority is /are as: ❑ Individual(s) % Attomey -in -fact ❑ Corporate OfAcer(s) Titir(S) ❑ Guardian/Conservator ❑ Partner - Limited /General ❑ Trustee(s) ❑ Other: representing: Philadelphia Indemnity Insurance Company Gam =s1 ipxrmNS)V'r' s73'9 :s vp,eseo,ing Method of Signer Identification Proved to me on the basis of satisfactory evidence: ❑ form(s) of identification ❑ credible vntness(es) Notarial event is detailed in notaryjoumal on Page# Entry#_ Notary contact: Other _ ❑ Additional Signer ❑ Signer(s) Thumbprints(s) , 2009 -2015 Notary Leaminq Center - All Rights Reserved You can purchase copiea of this form from our web site at PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004 -0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Cotmnonwealth of Pennsylvania, does hereby constitute and appoint Steven A. Swartz, Kelly Specht, Loric Mandel, and Nicld Swartz, Michael Herranen an l l homas C. Buckner of the City of San Clemente, State of California of South Coast Surety, its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed 525,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 1° day of July, 2011. RESOLVED: That die Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF. PHILADELPHIA INDEMIN1TY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS l OiH DAY OF JUNE 2013. On this W day of June 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duty sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY: that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. WM� rmrsW ^ KinderMax Iedd. sWq wbe< Imvtt McMinT htmiprAr�Y ro mmmman txcu mu nwta a+am +uu.�a +oat wnaas Nota ry Public: residing at: Bala Cvmvvd. PA (Notary Seal) My commission expires: December 18 2016 I, Edward Sayago. Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 10m day of June 2013 true and correct and are still in full force and effect I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attomey the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name, and affixed the facsimile seal of each Company this 12M day of , 20—Ko h 1. 9 7 % 1 `:• i Edward Sayago, Corporate Secretary ;r, J`, PHILADELPHIA INDEMNITY INSURANCE COMPANY -r (Seal) ^ -•^ Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity insurance Company On this W day of June 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duty sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY: that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. WM� rmrsW ^ KinderMax Iedd. sWq wbe< Imvtt McMinT htmiprAr�Y ro mmmman txcu mu nwta a+am +uu.�a +oat wnaas Nota ry Public: residing at: Bala Cvmvvd. PA (Notary Seal) My commission expires: December 18 2016 I, Edward Sayago. Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 10m day of June 2013 true and correct and are still in full force and effect I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attomey the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name, and affixed the facsimile seal of each Company this 12M day of , 20—Ko h 1. 9 7 % 1 `:• i Edward Sayago, Corporate Secretary ;r, J`, PHILADELPHIA INDEMNITY INSURANCE COMPANY -r EXHIBIT C WORKERS' COMPENSATION INSURANCE CERTIFICATE Exhibit C, Page ] RAMCGEN -01 TYAPP , 6.1 CERTIFICATE OF LIABILITY INSURANCE �/ DATE D/YYYY) 5/612016 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 License # OE63493 Orr 8 Associates Insurance Services 28780 Single Oak Dr Ste 255 CONTACT NAME: PHONE g51 506 -5859 FAX (AICNo,Ea11:( ) (ac, No): (800) 474 -3003 EMAIL ADDRESS: service @orrandassociates.com Temecula, CA 92590 INSURER(S) AFFORDING COVERAGE I NAIC# INSURER A: Associated Industries Insurance Co. 12314 D CLAIMS -MADE ❑X OCCUR INSURED INSURERB:Callfornla Auto Insurance Company 138342 Ramco General Engineering Contractor PO Box 920878 INSURER C: National Union Fire of Pittsburg 119445 INSURER D:Everest National Insurance Company 110120 INSURER E : Sylmar, CA 91392 INSURER F: COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR 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. ILTR TYPE OF INSURANCE IAOOCrSU9R POLICY EFFTPOLICV EXP INSD WVD POLICY NUMBER MMIDD/YYYY MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE ❑X OCCUR X X AES102897403 04/11/2016 04111/2017 PREMISES Ea oKITE ce PREMISES E $ 100,000 MED EXP(Any one person) $ 1,000 PERSONAL B ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY r5q JEBT [J LOC PRODUCTS - COMP/OP AGO $ 2,000,000 $ OTHER: AUTOMOBILE LIABWTY COMBINED SINGLE LIMIT (Ea accident) E 1,DDD,DBD BODILY INJURY (Per person) S B ANY AUTO BA040000015769 07113/2015 07113/2016 ALL AUTOS $ NON�OWNED HIRED AUTOS PROPERTY DAMAGEaccitlent) Per accident HAUTOS UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 C X EXCESS LIAB CLAIMS -MADE EBU062457135 04/11/2016 04/1112017 X DEG RETENTIONS S D WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY ANY PROPRIErOR/PARTNERIEXECUTl1E YIN OFRGERIMEMBER EXCLWEO4 (Mandatory In NH) 7600016140161 03/0112016 03/01/2017 PER TH- ER X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 EL DISEASE - EA EMPLOYEE i 8 1,000,000 EL .DISEASE -POLICY LIMIT I S 1,000,000 If yes, despdbe or DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Sc heron, may Ce attached if more space Is required) Certificate holder is named as additional insured per attached endorsement form(s). RE: COUNCIL CHAMBERS REMODEL CERTIFICATE HOLDER CANCELLATION ACORD 25 (2014/01) © 1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City f Seal Beach tY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 211- 8th Street Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT D -1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY (INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY) Exhibit D- 1, Page I Policy: AES102897403 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying servic- es, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opi- nions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 EXHIBIT D -2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] Exhibit D -2, Page 1 POLICY NUMBER: AES102897403 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ Izatlon s : Location And Description Of Completed Operations ALL PERSONS OR ORGANIZATIONS WHERE WRITTEN CONTRACT WITH THE NAMED INSURED REQUIRES ADDITIONAL INSURED COMPLETED OPERATIONS. THIS FORM DOES NOT APPLY TO YOUR WORK ON "RESIDENTIAL PROPERTY" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sche- dule of this endorsement performed for that addi- tional insured and included in the "products - completed operations hazard ". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 11 EXHIBIT D-3 ADDif(014ML INSURED b4D0kSEMffN-F (INSERT INSURANCE_ SHOWING PROFESSIONAL INSURANCE ANCE - '--'LIABILITIFREQUIREPI--------- Exhibit D-3, Page I POLICY NUMBER:AES102897403 COMMERCIAL GENERAL LIABILITY NX GL 093 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Schedule Subject to an Overall Policy Aggregate Limit: $ (Information required to complete this Schedule, if not shown above, will be shown in Declarations.) A. Paragraphs 2. and 3. of SECTION III — LIMITS OF INSURANCE are replaced by the following: 2. The Overall Policy Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard "; and c. Damages under Coverage B. 3. The Products - Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products- completed operations hazard" to each of your projects away from premises owned by or rented to you. B. The following is added to SECTION III — LIMITS OF INSURANCE: 8. Subject to Paragraph 2. and 3. above, the General Aggregate Limit is the most we will pay under for the sum Coverage A, Coverage B, or Coverage C to each of your projects away from premises owned by or rented to you. NX GL 093 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: AES102897403 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON - CONTRIBUTING INSURANCE (THIRD - PARTY) This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party: All persons or organizations where required by written contract with the Named Insured (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance: With respect to the Third Party shown above, this insurance is primary and non - contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co- insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. NX GL 009 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: AES 102897403 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Blanket as required by written contract. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done 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 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS Exhibit E, Page I STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.151 [Public Contract Code § 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that 1, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the countyjail 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 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 Droller 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.: %60110 Class: pit 8- Expiration Date: 1 ®s'010 1 If Date: •(.-t EXHIBIT F LABOR LAW REQUIREMENTS Exhibit F, Page I AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 37001 The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter I (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ( "Agency ") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty -five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self - insurance in accordance with the provisions of that code, and 1 will comply with such provisions before commencing the performance of the work of this contract." Date b° � 1(V Signature INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECT OR WORK: COUNCIL CHAMBER REMODEL PROJECT BG1401 AND THE SBTV3 CONTROL ROOM UPGRADES BG1402 (list all names): dry► gAV&G To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees ") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities "), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above- referenced contract, agreement, license, or permit (the "Agreement ") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor" Name :i ��6i0 — /i�M Name: • By: �v� _ By: _ EXHIBIT G ACCEPTED PROPOSAL Section C PROPOSAL Bidders Name P" a TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF SEAL BEACH: The undersigned, as bidder, declares that: (I) -this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein as swom in the attached Non - Collusion Affidavit; (2)- bidder has carefully examined the project Plans, Specifications, Instructions To Bidders, Proposal, Notice Inviting Sealed Bids and all other contract documents and information furnished therefore and the site of the proposed work; and (3)- bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder, to enter into a contract with the City Council of the CITY OF SEAL BEACH, to perform said proposed work in accordance with the Plans, if any, and the terms of the Specifications, in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be famished or provided under the terms of said Specifications, for the following stated unit prices or lump sum price as submitted on the Bid Sheet herein. The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. This Safety Record must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each such partnership, joint venture, or corporate or individual bidder. The bidder may attach any additional information or explanation of data which he would like to be taken into consideration in evaluating the safety record. An explanation of the circumstances surrounding any and all fatalities must be attached. Accompanying this proposal is (Circle one "cash ", "a Cashier's Check ", "a certified the ", or "a Bidder's Bond in the form furnished by the City", as the case may be) in the amount of $ tO /p , an amount equal to at least ten percent (10 %) of the total aggregate bid price based on the quantities shown and the unit prices quoted. The undersigned bidder agrees that should bidder be awarded the Contract on the basis hereof and thereafter fail or refuse to enter into a Contract and provide the required evidence of insurance and bonds within 15 calendar days after written notice of the award, the cash, check or bond shall be forfeited to the city in accordance with Public Contract Code section - 20172, except as otherwise provided in Public Contract Code section - 20174. The undersigned agrees that in the event of such failure, the actual amount of damages to the City would be impractical and extremely difficult to determine. In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a contract to famish all labor, materials and supplies for this project in accordance with the Specifications, Plans other Contract Documents which are on file in the office of the City Engineer of the CITY OF SEAL BEACH, to the satisfaction and under the direction of the City Engineer, at the following prices: completed by the undersigned is fixed at 60 WORKING DAYS starting from the day after the issuance of the Notice to Proceed. Page C -I City of Seal Beach California PROPOSAL FOR Council Chambers Remodel SPECIFICATION NO. BG1401 BID SHEET Bid Opening Date and Time: April 21, 2016, 10:00 am (1) The following is the Line Item Format per Construction Specifications Institute (CSI) Divisions. Variation from this form requires notification and approval from the architect prior to submittal. Approved changes will be required of all bidders. (2) Items shall include all Material, Labor and Equipment necessary to provide a complete, functional installation, approved by the authorities having jurisdiction. (3) All work of installation shall be covered by the unit prices in the same manner as required by the Drawings and inclusive Specifications. Bid Item # j D[V /SECT Description $Figures 1. DIV 1 GENERAL REQUIREMENTS $����� — 2 - - - -------- - 0241 19 Selective Building Demolition and Removals, Furniture, Boxes /Files, Equipment Relocation in Room to 0 Floor, see sheet A4.0 $ l 1 3 03 30 00 Concrete &Brick Border - -- --- -h— _— — $ b,6� — 06 Ol 20 - ;Rough Framing $ I �-J Zo N / ^IV 7 0188"6 3) kVZ 5 I 7TfzrJ9k^ 11 6744-r rfuWA-0 8. 1 08 12 1 9. 1 08 14 16 0111♦ 11. 09 24 00 12. 1 09 29 00 13. 09 30 13 14. 09 68 13 099001 16. 09 90 02 17 18. 1 DIV 22 19. DIV 23 20. DIV 26 21. i 2651 00 22. Frames Flush Wood Doors Door Hardware N, I kTA;4* � C_ — -.... g g -. -... ement - Plasteri-- -n -- /Sand_ in Gypsum Drywall Ceramic Tile Carpet or Painting /Patching/Sanding Prep /Sand Interior Painting Interior Plumbing Mechanical Interior Lighting Abate per the Limited Hazardous Materials Survey dated March 4, 2015 and City Hall, Council Chambers Room 100 - Limited Hazardous Materials dated September 3, 2015 by Vista Environmental Consulting see appendix B & C. Page C -3 $ 4ty� T x° LFuwDoh fovri. T%WJSA+ -r� ... ....... -. -_ Luc- r�ro-n� Oti ql yClo $ q � Ob foot � 23. 12" of Waterproofing of Exterior East & West Walls on the Council Chamber building to address the water seepage mentioned in the report. Touch up finish at walls to provide clean aesthetic appearance; complete and in� -- - - -- place_— -- -- - - - -- - - -$ -- 24. Repair /seal all the windows in the Council Chambers; complete and in place. - - - - -- -- 25 Remove Qa�et, replace planter sprinklers w/ - -- — - - -- -- drip irrigation; complete and in place. rte' $ �� en G M'%_'F� � 26 Construct improvements per plans titled "fFIE s 1 tG Tb{w1Sk'✓D "ACCESSIBLE UPGRADES TO 1ST (o�� FLOOR RESTROOMS & EMPLOYEE PARKING LOT AT THE: CITY OF SEAL r�1 BEACH OLD CITY HALL, 201 EIGHTH wVt STREET, SEAL BEACH, CA 90740," dated 1/25/16, complete and in place. $ TOTAL COST (bid items 91 throueh #26 only) 31 G OUD - -� $ — QF'; 'i�Bb �1.1D/lA'�) ► "Ibfd15A+�O � figures words -bx.. IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. NOTE: The City reserves the right to award a contract to the lowest responsible bidder in parts or in its entirety and reserves the right to reject all bids and re- advertise, as appears to be in the best interests of the City. A bid is required for this entire work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and /or lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. in the case of discrepancies in the amount bid, unit prices shall govern over extended amounts, and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. The undersigned bidder agrees that, if awarded the Contract, bidder will complete all work according to the contract documents. The undersigned bidder is licensed in accordance with the pprequirements of the Business and Professions Code, California Contractor's License No: 38(10 Class A f 0 (REQUIRED AT TIME OF AWARD). Signature \ Date \ Title Signature Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint venturers or of fewer than all of the partners /joint venturers if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners, joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. Page C -5 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: n Business Address: II)(- U —/Q nn ^y Telephone and Fax Number: California State Contractor's License No. and Class: pj rp (REQUIRED AT TIME OF AWARD) I Original Date Issued: Expiration Date: I ` List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: r:MiLQ gAmme�, The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Corporation organized under the laws of the State of The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: Page C -7 All current and prior D.B.A.'s, aliases, and fictitious business names for any principal having interest in this prpposal (a'rOe as f lows'. /� —pcv,ti Ot'A I"i0..1 u 4 CepyTtiA'"Z,Qh For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with project owners (public agencies, private companies, etc...) in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addressers and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; State the tribunal (i.e., Superior Court, American Arbitration Association, etc.) the matter number and Have you ever had a contract terminated by the owner /agency? If so, explain. tU 0 Have you ever failed to complete a project? If so, explain. Have you ever been terminated for cause and then had it converted to a "termination of convenience "? If 3. By any outside agency or individual for tabor compliance (i.e. failure to pay prevailing wage, falsify' certified payrolls, etc..) 4. Yes / b 5. By Subcontractors (Stop Notices, etc.) I" Yes / 6. Are any claims or actions unresolved or outstanding? Yes / If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Subscribed and sworn to before me By This day of , 20 (print name of Owner or President of Corporation/Company) (Signature of Notary �Republic) p }- (Signature) SL� QIIIl��1i�1[ -Vil m (Title) (SEAL) (Date) (Signature of Secretary of Corporation) Page C -9 REFERENCES. Contractor must use this form!!! Please print or type. Bidders Name 2�cb r� 2/kL �f 1itIN ✓✓Yllhs:( Q dT1 � FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: 1 ProjectName/Number (/dMpl% PPAUc G,K#ANA& A4 E01,0 krer (�l.(►�C�Wfl3'�/� Project Description 1,&t� (Sr(w(11 -si L/ 4/1 /rwjAc�'. + rmud cleL opri cc Approximate Construction Dates From to Agency Name Contact Person 'n M poV_col" Telephone Original Contract Amount $ 06) Final Contract Amount $�_t_v Utz If final amount is different from original, please explain (change orders, extra work, etc.) 1111111111111111111 � 1! 1 0M11111111111 =111 piwi�llipil Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. A 2 ProjectName/Number CJ NTA� Mb�JIGPr' pIE(I. SJ'135T1R'116h1 P-S�WL- Project Description 1)6Lltti SJ91S"T rn Approximate Construction Dates From e ' I `� '� L to P rwJO' 1 CALIFORNIA . VERNMENT CODE § 8202 See Attached Document (Notary to cross out lines 1-6 below) See Statement Below (Lines 1 -6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) 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 Los Angeles L.JUODVALXI6 Commhsion t 2113576 s emy Notary Public CaNlornle _ Y Los AnCeles County Comm. Espues Mar 8, 2020 Seal Place Notary Seal Above Subscribed and swom to (or affirmed) before me on this day of n I [ I '20 1 by Date , Month Year (1) � rA1i io 10WirD't (and (2) —� Names) of Signers) proved to me on the basis of satisfactory evidence to be the persons) who appeared before me. 1 Signature Y /. � S ature of Notary6bblic 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: W , ILmawl y l FUM'Document Date: Number of Pages: Signer(s) Other Than Named Above: O 1 110F N• •. • Y • • •. • • :11 •N :11 • •:N 1 Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 3 Project NameMumber Project Description t( gptL gtl�w' A] CtE qa4 Approximate Construction Dates From 12 �( 5i1s to -),-/ _( (a Agency Name Contact Person 16`L .][;rt,(,lA -f�-/ Telephone q1 q ( *% — bqz Original Contract Amount $ y Final Contract Amount $ ��� 00, T If final amount is different from original, please explain (change orders, extra work, etc.) o Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 4 Project Name/Number. +rp I+�t Nt yy iST / / P,OkOD61- Project Description Lfttm i fix- — Approximate Construction Dates From lets /'( (o to "lam toJ� v Agency Name cA �} A-,-) ('f'�! 0 Contact Person Telephone(�1{ &22�b 3�Y Original Contract Amount $ }� I [o '�� Final Contract Amount $,12,11, ti n If final amount is different from original, please explain (change orders, extra work, etc.) + QViVO- A-bOet> PPjb Rylss oo L7P, L'Jl2(" Cv1)CvWs Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes briefly explain and indicate outcome of claims. Page C - II NO ProjectName/Number beLL -RX)IAM Ar-Wft -'hC- CAENIVL ateAAdntR- Project Description PX1..r D ,ice A--Q114 (- (vw6x- s)D11u% Approximate Construction x -tI ,�Dates From (O`I �(7 to Agency Name CA W— B .Ff.dVtfifll- Contact Person t' i no-Oe )J,11tQ�JT Telephone ( ) Original Contract Amount $�'� �r w V Final Contract Amount $ N Z q6--? If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N0. 6 Project Name/Number 5 +� a�oW) ut— Vl.'� Pf' h'f- T• �. . Project Description W7%( H- vt'l.(, 1- UNA -J-r- I WIpAWIAv7 -i 6"� Approximate Construction Dates From �/f�- -� _ to Agency Name !` t esG N T f `0(ivSTA-- UnIJ) CAf- 1I Contact Person Qhi'(L(SSD`J �,,A� 1' -4 Telephone ('�jid �t6 (p 3 LK Original Contract Amount $ —N alp Final Contract Amount $ i to , Lzra Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Page C -13 r DESIGNATION OF SURETIES Bidder's name ?VAV'AC,6 Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): t I - q 51- 21gD - 610110 Clvu :E 2 S�� v 5 I aGn.a a -at en, . So I tv -hsWVUL,�, c.A- isYi d ACKNOWLEDGEMENT OF ADDENDA Bidder's name r The bidder shall signify receipt of all Addenda here, if any: Addendum No Date Received Signature Page C -15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Namet1.A_�n Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: Title The above information was compiled from the recc under penalty of perjury that the information is true Signature of bidder Date U_�,o —t t' that are available to me at this time and l de( accurate within the limitations ofthose records. R 434 d Current 2 2 2 2 2 '. Year of 0 0 0 0 0 Total Year Record 5 q 3 2 1 No. of contracts I _7„ —L- Z .l Total dollar Amount of Contracts (in I Thousands of $) No. of fatalities D 6 O O No. of lost Workday 0 d Cases No. of lost workday cases 0 involving permanent G V 0 transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: Title The above information was compiled from the recc under penalty of perjury that the information is true Signature of bidder Date U_�,o —t t' that are available to me at this time and l de( accurate within the limitations ofthose records. R 434 d State of California NON- COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID )SS. pp �� /t ) County of W S �j axK being first duly sworn, deposes and says that he or she is of , the party making the foregoing bid, in accordance with Public Contracts Code Section 7106, declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name: Legal Business Name of Bidder R-0 "U,1- CA °( t350 Raciness Address � argnamre or vwuu� Title Ll- zcr L Date: Signature of bidder Title Date Subscribed and Sworn to before me on (Notary Seal) Page C- 18 Signature Notary Public 5U QtjZ4L1�k��Vlfi If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 1 Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) 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 Los Angeles 1. X00VAL¢IS Commission 21x396 < Notary Public - California LW Angel•$ COYMa M Camm. Ea oaa Mar 6.2026+ Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this lvIt day of '' 20 16 by Date Month Year (and (2) -- ), Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(4 who appeared before me. Signature OPTIONAL of Nofdry Public 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 q y Title or Type of Document: NvVI (C` i U.,I G�� i 1 111 iVI I Document Date: Number of Pages: Signer(s) Other Than Named Above: �qei 'ems �/4�0'C:e•A�/'� Y0./ �.Q✓TU uqN �✓,G<r /h'!Y 'N N4td.(�Y e�([d e'(�eiAL6:v. e'0. �/R'�✓P O 1 • • • y aN • •'.� • • :11 • V x:11 : • •: 1 LIST OF SUBCONTRACTORS TO ACCOMPANY PROPOSAL In compliance with the provisions of Public Contract Code Section -4104, the undersigned bidder submitting this bid proposal sets forth the name, place of business and the portion of the work to be performed by: (I) -each subcontractor who will perform work or labor or render service to the bidder (as general Contractor) in or about the construction of the work or improvement; and (2) -each subcontractor licensed by the State of California who, under subcontract to the bidder, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one -half of one percent of the bidder's total bid or, in the case of bids or offers for the construction of streets, highways or bridges, in excess of one -half of one percent of the bidder's total bid or ten thousand dollars ($10,000), whichever is greater. Subcontractor's Name, Address, Telephone # Bid Item Number Percent Of Total Bid Description of Work Percent of Total Bid N-rw ' W - 302 "00 — dM -R Page C -19 Bond No. Bond Premium BID BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has issued an invitation for bids for the work described as follows: Council Chambers Remodel, Specification No. BG 1401 (Name and address ( "Principal "), desires to submit a bid to Public Agency for the•' WHEREAS, bidders are required under the provisions�o bidder's security with their bid. NOW, THEREFORE, we, the undersigned rincipal, and the California Public Contract Code toifurnish a form of (Name c(cjvOss of Surety) ( "Surety") a duly admitt/Cyre'l insurer under the' ws of the State of California, as Surety, are held and firmly bound unto the Public A the penal sum of Dollars ($ ), being not less than ten percent (10 %) of the total bid price, in lawful oney of the United States of America, for the payment of which sum well and truly to be made, we bind oursely , our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CO ITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contr5pfor 'the work by the Public Agency and, within the time and in the manner required by the bidding specifications, enters into the written form of contract included with bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverage, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. Bond No. None Bond Premium None BID BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has issued an invitation for bids for the work described as follows: Council Chambers Remodel, Specification No. BG1401 WHEREAS RAMCO General Engineering Contractors 10545 Dale Road (Name and address of Bidder) ( "Principal "), desires to submit a bid to Public Agency for the work. WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder's security with their bid. NOW, THEREFORE, we, the undersigned Principal, and 011 (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 Ten Percent (10 %) of the total amount of the bid Dollars (S ), being not less than ten percent (10 %) of the total bid 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 is awarded a contract for the work by the Public Agency and, within the time and in the manner required by the bidding specifications, enters into the written form of contract included with bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverage, 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 incurred by the Public Agency in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code § 2845. Page C -20 IN WITNESS WHEREOF, this instrument has 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: April 14, 2016 "Principal" RAMCO General Engineering Contractors By: Its By: Its (Seal) Surely" Philadelphia Indemnity Insurance Company By: Its $ A. Swartz, Attorney-45-fact By: Its (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 C -21 it 'dot (,oni-r -A!! ki! ]h! s rtes:. Jeri o u:l-a-e of thi, fom, Own vu" W ;he California All-Purpose Certificate of Acknowledgment 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 Orange S.S. On April 14, 2016 before me, Derek Syme, Notary Public 1:1-.1N-;1W11f11hi11 i4l, personally appeared Steven A. Swartz N/A who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/axe subscribed to the within instrument and acknowledged to me that he/skedhw executed the same in his/heftek authorized capacity(jes), and that by his / hev$hak signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws DEREK SYME of the State of California that the foregoing paragraph is Contrin! true and correct. Notary Public - California Z Orange County WITNESS my hand and official seal Mg comm. Ex Tres Au 15, 2019 ;eof OPTIONAL INFORMATION AlTh N;017 !hJ ! i!; socilrir ;,,7 noF 'FqwreiJ :);, j;'.9 it cobO ppvw)t of (hiss Prc quwjvGfllorr)t to on dvculnclii an'! pr_ wo iisif j.! !e pr-,n -os rely•tin, o:) !ho .-litacbEc" Description of Attached Document The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification---.--- document titled/for the purpose of Bid Bond - Proved to me on the basis of satisfactory evidence: form(s) of identification ❑ credible witnesses) containing 2 pages, and dated April 14, 2016 I Notarial event is detailed in notary journal on: The signer(s) rapacity or authority is/are as: i Page #_ Entry#_ C] Inchidual(s) I Notary contact: X; Attomey-in-fact 0 Corporate Officer(s) OPer- Additional Signer C] Signers) Thumbprints(s) C:) Guardian /Conservator C] Partner - Limited /General CD Trustee(s) 'r 0 Other: representing: Philadelphia Indemnity Insurance Company it 'dot (,oni-r -A!! ki! ]h! s rtes:. Jeri o u:l-a-e of thi, fom, Own vu" W ;he 7859 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd_ Suite 100 Bala Cynwyd, PA 19004 -0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Steven A. Swartz, Kelly Specht. Lorie Mandel, and Nicld Swartz, Michael Harriman and Thomas C. Buckner of the City of San Clemente, State of California of South Coast Surety-, its true and lawful Attomey -in -fact with full authority to execute on its behalf bonds, undertakings. recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I a day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in The future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMI IITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS I Om DAY OF JUNE 2013. (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 106 day of June 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY: that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. xmnr sea ^ - xin^tiKIY P. WJfI¢tl. Nelry mAAC ^ )`�pl- 1L,yju{�-- ,`i-.Y lYNIt HtM TN. rp1M My Cd�InItCM 1 if ww rcxenlvrm..,monworem.eas Notary Public: (Notary Seal) residing at: Bala Cvmvyd PA My commission expires: December 18 2016 1, Edward Sayago. Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this lP day of June 2013 ime and correct and are still in full force and effect. I do further certify thin Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attomey the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. to Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this � v �._ day of 2PAZ- Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 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 Los Angeles On'ftt d lk 1 ,M before me, � - J aINOIW Notary Public Date _ L i `J Here Insert Name and Title of the Officer personally appeared �IYI(1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(o) whose name($} is /a/e subscribed to the within instrument and acknowledged to me that he /shoe /th4y executed the same in his /hclr / their authorized capacity(ie's), and that by his /hWr /their signature(o) 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 anq official seal. Ll IS Signature / vvvv"wv L. JUODtlA / CommMSian.11p516 S nature of Nola Public Mobsy Public - Calilomia Los AnOeMS County — OM Comm. Eaplrzs Mar nil. 2020 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 Do ent 1 y P i1 C jol Title or Type of Document:I II I�d{1d Iv' tI ��LmU�i�(YDo�ument Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General • Individual ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator Fl Other: Signer Is Representing: Date: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited [_1 General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907