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HomeMy WebLinkAboutAGMT - Cedro Construction Inc (7th St Alley Waterline & Sewer Replacement CIP No WT1607) & Amendment 1RECORDING 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 Il��llllll�i' I�Ill��lll��lll��ll�i�l���llll��l��ll�i�lll�ll���lll�llll��11 NO FEE * S R 0 0 0 9 5 0 5 5 2 3 E* 2017000355087 9:36 am 08/22/17 62 Sect N12 1 0.00 0.00 0.00 0.00 0.00 0'00 0.00 0.00 AUG 2 U 2017 Space of above this line for Recorder's use. CITY CLERK CITY OF SEAL BEACH No Recording Fee Pursuant to Government Code Section 6103, 27383 NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the roperty hereinafter is described as substantially completed on April 5, 2017. The work was 72 Street Alley Waterline and Sewer Replacement Project. CIP No. WT1607. 6 Thename of -the contracior(s), if any, fur such ii prover ent was: Cedre-Construction -Inc. — The date of the Contract Award was July 25, 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: Old Town. City of Seal Beach. Date: / N 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 Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on 47 '4/t 7 , 2017, at Seal Beach, California. (Date of Signature) Director of Public Works, City of Seal Beach AMENDMENT NO. 1 PUBLIC WORKS AGREEMENT between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 H Cedro Construction, Inc. 120 E. Santa Maria Street Santa Paula, CA 93060 T (805) 525 -0599, F (805) 525 -0509 This Amendment No. 1, dated January 9. 2017, amends that certain agreement ( "Agreement ") dated July 25, 2016 between the City of Seal Beach, a California charter city ( "City "), and Cedro Construction, Inc., a General Contractor ( "Contractor "). RECITALS A. City and Consultant are parties to the Agreement, pursuant to which Consultant provides construction services to the City for the 7v' Street Alley Waterline and Sewer Replacement Project CIP No. WT1607 ( "Project "), for the amount of $435,658.50 including contingency. B. Consultant's services under the Agreement are provided pursuant to plans and specifications approved by the City for the Project with respect to design criteria, based on a bid submitted by Consultant to City for the Project dated July 7, 2016 ( "Accepted Proposal" hereinafter). The Accepted Proposal is attached hereto as Exhibit G and contains, among other things, provisions defining the Project scope. C. Due to unforeseen Project conditions, and unanticipated potential risks in completing the Project, City and Contractor wish to amend the Agreement to increase Consultant's compensation by $60,000 for additional services required in connection with the Project, for a revised total contract amount not to exceed $495,658.50, as provided herein. AMENDMENT NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 3. (Payment) of the Agreement is hereby amended to read as follows: "3. Payment For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the amount not to exceed $495.658.50, including contingency, 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." Section 2. All other terms and provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested by their proper officers thereunto: • Atlas By: I1', --4 JUGA V'- Robin L. Roberts, City Clerk Approved a Fo - By: a g . Steele, City Attorney CONTRACTOR By: Name: 4k:�* Its: Name: Its: Its: PUBLIC WORKS AGREEMENT FOR 7th STREET ALLEY WATERLINE AND SEWER REPLACEMENT PROJECT CIP NO. WT1607 between • City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 • U Cedro Construction, Inc. 120 E. Santa Maria Street Santa Paula, CA 93060 (805) 525 -0599 (805) 525 -0509 - FAX THIS AGREEMENT is made as of July 25, 2016 by and between the City of Seal Beach, a California charter city ( "City "), and Cedro Construction. Inc. a General Contractor ( "Contractor "). 1 of 9 • RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the 7th Street Alley Waterline and Sewer Replacement Project CIP No. WT1607 ( "Project ") with respect to design criteria; and B. WHEREAS, Contractor has submitted a bid to City for the Project dated July 7 2016 in the amount of $401,658.50 ( "Accepted Proposal" hereinafter). The Accepted Proposal is attached hereto as Exhibit G and contains, among other things, provisions defining the Project scope. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: AGREEMENT 1. Contractor's Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Agreement, Contractor shall perform and complete in good and workmanlike manner all work ( "Work ") required by this Agreement and the documents listed in • Subsection 1.2 for the Project. 1.2 Contract Documents. The "Contract Documents" that comprise the agreement between the City and the Contractor are the: Notice Inviting Bids, Instructions to Bidders, Accepted Proposal, Non - Collusion Affidavit, Bid Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms for Check or Bond, Specifications, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, this Agreement, Exhibits attached to this Agreement, including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers' Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Agreement. C1 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 2of9 • 1.4 In the event of any material discrepancy between the express provisions of this Agreement and the provisions of the other Contract Documents, the provisions of this Agreement shall prevail. 2. Effective Date. This Agreement is effective as of July 25, 2016 (the "Effective Date "), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 3. Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of $401,658.50, subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. The City Manger may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 4. Contractor's Personnel. • 4.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law and by the Notice Inviting Bids /Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of city officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's is employees, except as set forth in this Agreement. Contractor shall not, at any time, or 3of9 • in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the work performed pursuant to this Agreement. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Indemnification. 5.1 Contractor's Duty. Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees ") free and harmless from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim," collectively, "Claims "), in any manner arising out of or incident to the performance of the Agreement, including without limitation, the payment of all • consequential damages and attorneys' fees and other related costs and expenses. Further, Contractor shall appoint competent defense counsel, at Contractor's own cost, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of the Agreement that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Agreement. Contractor shall reimburse the City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable. 5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1, Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any bid protest. 5.3 City's Sole Negligence. Nothing in Section 5.1 shall be construed to require Contractor to indemnify Indemnitees for that portion of any Claim to the extent arising from the sole negligence or willful misconduct of the Indemnitees. 5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any • rights that they may possess against Contractor because of the acceptance by City, or 4of9 • the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. 5.6 Survival. The provisions of this Section 5 shall survive the termination of the Agreement and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 6. Insurance 6.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subcontractors. The policy limits set forth below do not act as a • limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 11 6.1.1 Exhibit D -1: Additional Insured Endorsement Commercial General Liability. Automobile Liability. 6.1.2 Exhibit D -2: Additional Insured Endorsement - 6.1.3 Exhibit D -3: Additional Insured Endorsement. 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured — Owners, Lessees or Contactors (Form B). 5of9 • 6.2.4 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 6.3.3 Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. 6.4 Deductibles and Self- Insured Retentions. Contractor shall inform City of any deductibles or self- insured retentions except with respect to any professional liability insurance. 6.5 Other Insurance Provisions. The general liability and automobile • liability policies are to contain, or be endorsed to contain, the following provisions: 6.5.1 City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, products and completed operations of Contractor, premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. rIL 6.5.2 For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self- insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it. 6.5.3 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6of9 6.5.4 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. 6.5.5 Each insurance policy, except for any professional liability policy, required by this Section 6 shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. 6.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's Risk Manager. 6.7 Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 7. Liquidated Damages. Should the Contractor fail to complete the project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $2,000.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Agreement. 9. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's • 7of9 • regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of 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: Cedro Construction Inc. 120 E. Santa Maria Street Santa Paula, CA 93060 Telephone: (805) 525 -0599 • Fax: (805) 525 -0509 Attn: Andrew Cedro 10. Non - Assignability. Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12. Non - Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 13. Attorneys' Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover • its costs of suit, including all attorneys' fees incurred in connection therewith. :. • • 14. Construction. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 15. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations, or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. 16. Severability. The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. CITY OF SEAL BEACH CONTRACTOR: Me By: Name: /� Celt Title: U 2 S I Name: Title: EXHIBIT A FAITHFUL PERFORMANCE BOND EXHIBIT B PAYMENT BOND EXHIBIT C WORKERS' COMPENSATION INSURANCE CERTIFICATE EXHIBIT D -1 ADDITIONAL INSURED ENDORSEMENT (COMMERCIAL GENERAL LIABILITY) EXHIBIT D -2 ADDITIONAL INSURED ENDORSEMENT (AUTOMOBILE LIABILITY) EXHIBIT D -3 ADDITIONAL INSURED ENDORSEMENT EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS EXHIBIT F LABOR LAW REQUIREMENTS EXHIBIT G ACCEPTED PROPOSAL (NOTE: Exhibits will not be included with the contract at the time of award. The Contractor shall have 10 working days to submit all exhibits to the City after the award of contract. Failure to do so will result in voiding of the contract. The City will then have the right to cash the bid bond for the project and re- advertise for construction or award to the next lowest responsive bidder.) L, THE FINAL PREYWM IS PREDICATED ON THE FINAL CONTRACT PRICE Bond No. 0705454 PERFORMANCE BOND KNOW ALL PERSONS BY THFSE PRESENTS diet: (One of Three Originals) Premium $7,025.00 WHEREAS the City of Seal Beach, has awarded Cedro Construction, Inc.. 120 E. Santa Maria Street, Santa Paula, CA 93060 (Name and address of Contractor) ( "Principal "), a contract (the "Contract'l for the work described as follows: 7th Street Allev Waterline and Sewer Replacement Proiecd . C1P# WTI607 WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and International Fidelity Insurance Company, 2400 E. Katella Avenue, Suite 250, Anaheim, CA 92806 (Name and address of Surety) ("Surety ") a duly admitted surety insurer under the laws of the State of California, as Surtty, are held and firmly bound into the Public Agency in the penal am of Four Hundred One Thousand Six Hundred Fifty Eight and 501100 Dollars ($ 401,658.50 l this amount being not hss then 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 OBUGA77ON 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, covmnnts, 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 mdannify 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 sun is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys fees in an amount fixed by the wart. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed there under, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications there under. Surety hereby waives the provisions of California Civil Code §§ 2945 and 2949. The City is the principal beneficiary of this bond and has all rights of a parry hereto. IN WITNESS WHEREOF, two (2) identical wumterparts 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 parry being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Page D -99 CALIFORNIA JURAT WITk,AFFIANT: STATEMENT GOVERNMENT CODE"§ 8202 A notary public or other officer, completing this certificate verifies only the identity.of the individual who signed the document to whicRthis certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Calif rnia County of r iN MARIE T. PARKS Commission # 1989525 Notary Public - California Ventura County y Comm Expires Aug 28, 2016 Subscribed and sworn to (or affirmed) - before //me J on this / day.of 20� // by Date Year (and (2) ), Name(s) of Signer(s) proved to me on the basis of'satisfactory evidence to be the persop(s) �eared before me. Signature Signature of Notary Public Seal PlaceNotary Seal Above 'OPTIONAL Though this section is I optional; completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description, of Attached Document Title or Type of Document: Document 'Date: Number of Pages:, Signer(s) Other Than Named Above: 02014 National Notary Association'• www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5910 Dated: "Principal" Cedro Construction. Inc. By: I By: "Surety" International Fidelity Insurance Company By: Its Attomey -in- Fact, ] att hew WDobyns 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. Page D -]00 San their and and CON ackr This CON IN WIT aftestec COMPP duly affi is H principal office in the City of Newark, New Jersey, do hereby constitute and ap (,-RANDY SPOHN, MATTHEW R. DOBYNS, in .. of CALIFORNIA ALL - PURPOSE 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 On August 9`h. 2016 before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared MATTHEW R. DOBYNS ® who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is /afe subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /heF /theiF authorized capacity (iesj, and that by his /heF /their= signatureH on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of _ ERIKAGUIDO California that the foregoing paragraph is true and correct. COMM. # 2022671 a NOTARY PUBLIC CALIFORNIA N WITNESS y ha and official seal. 3 ORANGECOUNTY May__T2017 exDires T ture of tary ©P1ilON 1 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: _ NAME OF PERSON(S) OR ENTITY(IES) Bond No. 0705454 Included In The Premium Performance Bond PAYMENT BOND (LABOR AND MATERW S) KNOW ALL PERSONS BV TA ESE PRESENTS that: WHEREAS the Ciry of Seal Beach, has awarded to Cedro Construction, Inc., 120 E. Santa Maria Street, Santa Paula, CA 93060 (Name and address of Contractor) ( "Principal"), a contract (the "Contract ") for the work described as follows: 7th Street Alley Waterline and Sewer ReplaeemM• Proie w CIPN WTI 607e WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialme , and other persons as provided by law. NOW, THEREFORE, we, the undersigned Principal, and International Fidelity Insurance Company, 2400 E. Katella Avenue, Suite 250 Anaheim CA 92806 (Name and address of Surety) CSumty ") a duty admitted stnaty insurer under the laws of the State of Califomia, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Two Hundred Thousand Eight Hundred Twenty Nine and 25/100 aiuuera ea �uv az7.Zo 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 Developineat Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all tour costs and reasonable attorneys, fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, Alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the tams of the Contract or to the work or to the specifications thereunder_ Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. Page D-102 CALIFORNIA JURAT WITH AFFIANT STATEMENT • ttached Document (Notary to cross out lines 1 -6 below) • See Slatpment Below (Lines 1 -5 to be completed only by doc not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) State of California County of dlllr Subscrib d and sworn to (or affirmed) before me on this day of _, 20�, by Date Month Year Na Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (and f r�',>,'^, MARIE T. PARKS (2) Name of Signer .rte .fit Commission 0 1989525 Ne�VenturaloCounry� proved to me on the basis of satisfactory evidence w /. My Comm. Expires Aug. 28, 2018 to be the perso who appeared bI Signature Signature of Notary Public Place Notary Seal Abow OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Date: Signers) Other Than Named Above: Number of Pages: RIGHTTHUMBPRINT kSIGNER OF SIGNER #1 (i National Notary Associaboo- 9350 De Seta Ava, PO . Box 2402•ChatsvroM, CA 9131 &2402 -w NationalNOtaryorg Item #5910 Reorcel:CaYTel Freel- 800-8]fo-0B2] 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" Surety„ Cedro Construction, Inc. International Fidelity Insurance Company By: Its Attorney -m -Fact, Matthew r Dobyus 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. Page D-103 By, Its By: By: Its Attorney -m -Fact, Matthew r Dobyus 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. Page D-103 .,theil and is I... I ..... CigG FARY BUC 0.: 'CERTIFICATION CALIFORNIA ALL - PURPOSE 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 On August 9". 2016 before me ERIKA GUIDO, NOTARY PUBLIC, personally appeared MATTHEW R. DOBYNS ® who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /Oic4 authorized capacity Gies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ERIKAGUIDO �c N COMM. # 2022671 NOTARY PUBLIC CALIFORNIA o 3 ORANGE COUNTY ^' My comm. expires May 5, 2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS Ri hand and official seal. of Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT WORKER'S COMPENSATION CERTIFICATE OF INSI TRANCE WIIEREAS, the CITY OF SEAL BEACH has required certain insurance to be provided by Cedro Construction Inc. NOW THEREFORE, the undersigned insurance company dues hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time. I. This certificate is issued tn: CITY OF SEAL BEACH, City Hall, 211 FR GH'1'H STREET, SFAI. BEACH, CA 90740 -6379. 2. The insureds under such policy or policies are: Cedro Construction Inc. 3. Worker's Compensation Policy or Policies hr a form approved by the Insurance Commissioner of Qdifomia covering all operations of the named insureds, as follows: POLICY NIROBER EFFECII VE DATE EXPIRATION DATE BNUWC0135887 4/1116 4/1/17 4. Said policy or policies shall not be canceled, voided or reduced in coverage or limits of liability, unless and moil thirty day advance written notice thereof has been served upon the City Clerk of the CITY EAL BFACI-l. By: _ Its Authorized Representative Pagr D- III] ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Cedro Construction Inc. Name and address of named insured ("Named huttred"): Financial Pacific Insurance Company Name and Ads:,, of Insutnncc Company (-Co OFFICIAL TITLE OF PROJECT: 7111 STREET ALLEY W ATERLfNF AND S \VER ltl_PI- ACEMEN'IS PRomecl CIP No. WT1607 Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy ") or in any endorsement now or hereafter attached thereto, it is agreed as follows: I. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (lire above narned additional insureds are hereafter referred to as the ".Additional Insureds ") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional huureds wider the Policy shall be primary insurance, and no other insurance maintained by the Additional huureds shall be called upon to contribute with the insurunce coverages provided by the Policy. 3. Fach insurance coverage under lire Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in the rune manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terns, conditions and exclusions applicable to such insurance) includes liability assumed by tyre Named Insured under the indenmification and/or hold harmless provision(s) contained in or executed in conjunctinn with the written agreenlenl(s) or penuit(s) designated above, ber\veen the Named Insured and the Additional Insureds. 6. 'the policv to which this endorsement is attached shall not he subject to cancellation, change in coverage, reduction of limits (except as the result of [Ile pavntem of claims), or nun - renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until complianee will) this notice requirement. ' Current policy expires on 9/24/16, less than 30 days. 7. Company hereby waives all rights of subrogation and cownibutiuu against (lie Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relalinu to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regtmdlcss of arty print, concurrent, or subsequent active or passive negligence by [he Additional Insureds. 8. It is hereby agreed that the laws of' tile State of California shall apply to and govern the validity, consiruwimt, interpretation, and enforcement of this contract of insurance. P:IL'C I) -107 0. This endorsement and all notices given Itercunder shall be sent to Public Agency at: City Eneincer City of Scal Reach 21 1 8dt Street, 2 "6 Nool Seal Reach CA 40741) 10. Except as stated above and nut in conflict with this endorsement, nothing contained herein shall he held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which This endorsement is attached. TYNE OF COVERAGES TO W1IIC1l POLICY PERIOD LIMITS Oh TI [IS F.Nf)ORSEMENT ATI'ACHES PROM /TO I,IAR0.1 "FY Commercial General Liability 9/2412015 to 9124/2016 $1,000,000 Occurrence it. Scheduled items or locations are «) be identified on an attached sheet. 'I he following inclusions relate to the above coverages. Includes: LC Contractual Liability :x Explosion I laiard fI thsmrrsR- artdlordsrfenants IS Collapse Hazard l7 Manufacturers/Contractors x; Underground Property Damage S Products /Completed Operations LI Pollution Liability xi broad Fomt Property Damage ❑ Liquor Linhility 'X Extended Rodily Injury p i Broad Forth Comprehensive ❑ ' General Liability Endorsement CG 00 01 04 03 12. A A deductible or U self - insured retention (check rare) of S 5,000 applies to all coverage(s) except: --- (if none, so sta(e) the deductible is applicable ❑ per claim nr LX per occurrence (check one). 13. This is all L4 nccurtencc ou L claims made policy (check one). I.I. 'Phis endorsement is effective on September 8, 2016 at 12:01 A.M. and forms a pan of Policy Number 60452356 - 1 David Drumright _ (print name), her,hv declare ender penalty of perjury under the laws of the State of Calit -omia, that 1 have the authority to bind the Company to this endorsement and that by my execution hereof; I do so bind the Company. Executed September 8 j� Signature of Aut urittd Re trcsenmti (Original signature only; no facsimile signaltire or initiated signahtre accepted) Phone No.: ( 805 ) 690 -2609 1'ol;e 11-I05 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Cedro Construction Inc. Name and address o(named insured ( "Named Insured "): —. Financial Pacific Insurance Company Name and address of Insurance Ccrmparty ("Company OFFICIAL TITLE. OF PROJEc 7'; 71h 3ireel Attev Waterline and ,S'enver Rephu;eluerrt PHO.rE(`, CIP NO. W77607 Nmwithslanding any inconsistent statement in lite policy to which this endorsement is attached (the "Policy') or in any endorsement now or hereafter attached thereto, it & agreed asfollows: The City of Seal Beach, its elected officials, officers, allorncys, agents, employees, and volunteers are additional insureds (the abuve named additional insureds are hereafter referred to as the "Additional Insureds ") under the Policy in relation ar those activities described generally above with regard to operations performed by ur on behalf of the Named Insured, The Additional fnsureds have nu liability for the payment orally premiums or assessments under die Policy. I. The insurance coverages afforded the .Additional Insureds under the Policy shall be primary insurance. and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 2. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claums shall covered as third -party claims, i.e., in the sane manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability a; provided under the policy. 4. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable In such insurance) includes liability assumed by die Named Insured under the indemnification and/or hold harmless provisiou(s) contained or executed in conjunction with the written agreement(s) nr pennit(s) designated above, between the Named Insured and the Additional Insureds, 5. The policy to which this endorsement is attached shall not be subjca to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non - renewal except after written notice. to Public Agency. by certified mail, return receipt requested, not Tess than thirty (300 days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. ` Current policy expires on 9124/16, less than 30 days. 6. Company hereby waives all rights of subrogation and eontributiou against the Additional Isnreds. while acting within the scope of their duties, firm, all claims, losses and liabilities arising out or or incident to the perils insured against in relation to those activities described generally above with regard to operations perfonncd by or on behalf of the Named Insured regardless of any prior, concunent, or subsequent active or passive negligence by the Additional Insureds, It is hereby agreed that the laws of the State of Califiimia shall apply to and govern the validity, construction, interpretation, unit crrfirrcen,ent of this contract of insurance. This endorsement and all notices given hereunder shall he sent to Public Agency, at: City Engineer City of Seal Hcxeh 21 1 Stir Street, 2'a Floor Sctd Beach CA 90740 Pave 1)- 1 10 7. Except as staled above;md not in conflict with this endorsement, nothing contained herein shall he held to waive, alteror extend any of file limits, agreemmil is, or exclusions of the policy W which This endorsement is attached. TYPE OF COVERAGES TO WHICH Commercial Auto POLICY PERIOD UNUIS OF 11 -IiS ENDORSENIF,N'I' ATTACHES $1,000,000 FROM/ TO 9/24/15 to 9/24/16 LIA131LIT1' Scheduled items or locations arc to be identified on an attached sheet. The following inclusions relate to the above coveraecs. includes: ,x Anv Autnmubil.;s I I All Owned Automobiles ❑ Non -owned Automobiles u Hired Automobiles 0 Scheduled Automobiles U Garage Coverage D Truckers Coverage ! Mulur Carrier Act 0 Bus Regulatory Reform Act Public Livery Coverage 11. A D deductible or a self - insured reiention (check one) of $ applies to all cuveolge(s) except: No Deductible (if none, sn state) lie deduclibic is applfcabie D per claim or 0 per occurrence (check one). 11 This is an x occurrence or 0 claims made policy (check one). 13. 9'his endorsement is effective on September 8, 2016 at 12:01 A.M. and forms a part of Policy Number 60452356- 1, David Drumright (print nanc) hereby declare under penalty of pegury under the laws of the Stale of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, 1 do so hind the Contpanv. Executed September 8 q l Sienalure of Authorized Neprcsentative (Original signature only; no facsimile signature or initialed signature accepted) Phone Ne.: ( 805 1 690 -2609 Patic ft -I I I FPICO200 (12 -I1) 2. We wlll pay orily for those expenses incurred during the subsequent imEstigation of Such claims or 'suits_ mider poiiLv period begi' i tg 24 hours after the -loss and DUTIES IN THE EVENT OF ACCIDENT. CLARA SUIT endiu& regardless of the polin's expiration, with the OR LOSS. do not apply until the -accident or -loss' is lesser of the following number of days: known to a) The number of days reasonably required to repair or replace the covered -mtto." if "loss" is cursed by theft. this number of days is added to the number of days it takes to locate the coN Bred ",into" and return it to you. b) The number of days shown in the Schedule. 3- This coverage applies ordy to a covered -auto-for wWeb there is Comprehensive. Specified Causes of Loss or Collision Coverage provided on this covered -auto. - If there is uo Collision Coverage for a covered -auto;' then Rental Reimbursement Coverage will not apply to ,-t Collision loss imrolving that covered - auto. " a. Our pavment is limited to the lesser of the following amounts: a) Necessary and actual expenses incurred. b) $75 for any one day or for a maximum of 30 days. 5. This coverage does not apply while there are spare or reserve -autos" available to you for your operations. 6. If "loss results from the total theft of a covered -auto' of the private passenger tvpe, we will pai under this croverage only that amount of your rental reimburseruent expenses Anch is not already provided for under the PHYSICAL DAMAGE COVERAGE Coverage Extension. - 7. Coterage does not apply to any covered "auto for which coverage is provided by endorsement form CA 9923 on this polin'. WAIVER OF DEDUCTIBLE — GLASS Deductible is amended by adding the following: No deductible for a covered -auto will apph to glass damage if the glass is repaired rather than replaced. SECTION IV — BUSINESS AUTO CONDITIONS — Amendments LOSS CONDMONS 1. You_ if ion are an individual: 2. A partner, if you are a partnership: 3. Am executive officer or imauauce ntamiger. if on are a corporation: d. Your members. managers or insurance manager, if you are a limited liability company: 5. Your elected or appointed officials. trustees. board members. or tour insurance manager, if you are an organzation other than a partnership. joint venture.. or limited hiabilit} company. But, this section does not anieud the provisions relating to - notification of police. protection or ev'unimdiou of the propem. which was subject to the BLANKET WAIVER OF SUBROGATION Transfer Of Rights Of Rmoven-Against Others To Us is deleted and replaced by the following: We w,w c any right of recovery we map have against ariv person or organization to the extent required of you by a written contract executed prior to any "accidenf or "loss,' provided that the -accident- or "loss- arises out of the operations contemplated by such contract. The Waiver applies only to the person or orbmuzation designated in such contract. GENERAL CONDITIONS i UNINTENTIONAL ERRORS OR OMISSIONS Concealment, Misrepresentatiou Or Fraud is amended by adding the following: The nnimentiomal ouussion of or unintentional error in any infornuafiou given by you shall not prejudice pour lights under (his insurance- However, this provision does not affect our right to collect additional premium or exercise our right w of cancellation or non - reneal, y SECTION V — DEFINITIONS - Amendment MENTAL ANGUISH KNOWLEDGE OF ACCIDENT, CLAIM, SUIT OR LOSS The definition of "bodily iajun° is amended to include mental anguish resulting from any -bodily injury." sickness The information requirements for reporting and seeding claim or "suit' or disease sustained bi a person. information to ns, including provisions related to the InAdce cnprighted mntmat of ISO &nperties. Inc. e•iat it, pemussiun II page 3 of 3 *11023430* IIiIII III IIIIIIII III IIIIIIIIIIIII III IIII ANDRCED -01 DELA a`�ir[� CERTIFICATE OF LIABILITY INSURANCE DATE INSR LTR 81151DD/YYYY) sltsrzols 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 endomemengs). PRODUCER (805) 965 -0071 Brown & Brown Insurance License # 0004053 P.O. Box 61010 NAME, Laura Decker PHONN 805 690 -2615 ac No : 805 690 -2715 E -MAIL ADDRESS: ldecker@bbofeal.com Santa Barbara, CA 93160 -1010 INSURER(S) AFFORDING COVERAGE NAIL K INSURER A: Midwest Employers Casual Company INSURED Cedro Construction Inc INSURER B: 3 120 E Santa Maria Santa Paula, CA 93060 INSURER C: INSURER p: NSURER E: INSURER F: Ouv ERAGES 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR POLICY NUMBER POLICYEFF MMIOD POUCYEXP MMI00 LIMITS COMMERCIAL GENERAL LIE �MMERCIAL GENERAL LIABILITY CLAIMS�MADE E OCCUR EACH OCCURRENCE 3 '�MA�ET6RE PREMISES Ea ocanence I$ LJ MED EXP (Any one parson) $ I PERSONAL S AUV INJURY $ POLICY�PRO- ECT LOC GENERALAGGREGATE S GENTAGGREGATEUMITAPPLIESPER: I PRODUCTS AGO 5 Is OTHER AUTOMOBILE LIABIL" CEe OMBINED SINGLE LIMB accident $ BODILY INJURY (Par person) $ ANY AUTO A OWNED SCHEDULED AUU TOS AUTOS I BODILY INJURY (Peramdent) $ NON1SWNED HIRED AUTOS _ AUTOS PR PERTYDAMAGE Par accident $ I $ I UMBRELLA LEAS OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB CIAIMS -MADE DIED I I RETENTION$ $ A WORKERS COMPENSATION ANp EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNDED' CUTIVE EXCLUDED? NIA X BNUWC0135887 4/1/2016 411/2017 PER 0TH - X STATUTE ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE -EA EMPLOYEE! $ 1,000,00 (Mandatory, NM) If yes,doryin NM) Dyes,RIPnOe under DESCRIPTION OF OPERATIONS below E.L. DISE45E- POLICY LIMIT § 1,000,00 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addldonal Remade Schedule, maybe artacbed If mom space Is required) RE: 7th Street Alley Waterline and Sewer Replacement Project CIP No. WT1607. A Waiver of Subrogation applies per endorsement being issued by the carrier. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 211 - 8th Street ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach, CA 90740- AUTHORIZED REPRESENTATIVE ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD ANDRCED -01 DELA `� kee � R CERTIFICATE OF LIABILITY INSURANCE DAM °A81MW2 °AYYYI 8N - 5!2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER (805) 965 -0071 RMEcT Laura Decker PHONE 805 690 -2615 FAX o ExU,( INC. No: 805 690 -2715 Brown 8 Brown Insurance License # OD04053 P.O. Box 61010 -M ADDRESS: (decker bbofcal.com INSURERS) AFFORDING COVERAGE NAIC# Santa Barbara, CA 93160-1010 INSURERA ;Financial Pacific Insurance Company EA CH OCCURRENCE $ 1,000,00 INSURED Cedro Construction Inc INSURER B: -MADE �� OCCUR X INSURER C: 60452356 120 E Santa Maria INSURER D: PREMISES Ea Santa Paula, CA 93060 INSURER E: MED EXP (Any one person) $ 5,00 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Seal Beach, CA90740- OF INSURANCE I DBR POLICY NUMBER MM/D Y EFF M� Y EXP LIMITS "INSR IL GENERAL LNBILnY EA CH OCCURRENCE $ 1,000,00 -MADE �� OCCUR X X 60452356 9/24/2015 9/24!2016 PREMISES Ea 1 S 100,00 J MED EXP (Any one person) $ 5,00 PERSONAL BADV INJURY IS 1+000.00 IGENL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 2,000,00 POLICY) PRO. FJ LOC i PRODUCTS - COMP /OP AGG $ 2,000,00 $ OTHER' [AUTOMOBILE LIABILITY j � Ea aped D SINGLE LIMIT $ 1,000,00 • III ���III X ANY AUTO X � X 60452356 9/2412015 912412016 BODILY INJURY(Per Person) $ BODILY INJURY (Per accident) $ AALLLOWNED SCHEDULED NON -0WNEO I X HIRED AUTOS X AUTOS PROPERTY DAMAGE Per acddaIn $ Is I I UMBRELLA LUIS IX I OCCUR EACH OCCURRENCE $ 4,000,00 AGGREGATE $ 4,000,00 ({ X EXCESS LIAB CLAIMS -MADE 60452356 912412015 9/2412016 DED 11 RETENTIONS $ WORKERS COSIPENSATION AND EMPLOYERS. LIABILITY YIN ANYPROPRETOWPARTNE PER OTH- STATUTE ER E. L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUO EDDtECUTIVE ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ If yes de8=1,e under DESCRIPTION OF OPERATIONS below I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addlflonal Ramarb Schetlula, In, be eMEII.d If more npiI. le "Wred) RE: 7th Street Alley Waterline and Sewer Replacement Project CIP No. WT1607. The City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials are included as Additional Insureds under the General Liability per the attached form CG 20 1 O 12 11 and under the Auto Liability per the attached form FPICO200 (12 -11). The insurance is primary and noncontributory per form CG 20 1 O 12 11. Waiver of Subrogation applies under the General Liability per attached forms CG 20 1 O 12 11 and under the Auto Liability per attached form FPICO200 (12 -11). CERTIFICATE HOLDER CANCELLATION ACORD 25 (2014101) © 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 of Seal Beach 211 - 8th Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach, CA90740- AUTXORIZED REPRESENTATIVE ACORD 25 (2014101) © 1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 60452356 CG 20 10R 12 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (WITH LIMITED COMPLETED OPERATIONS COVERAGE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART BUSINESSOWNERS COVERAGE FORM PREMIUM Incl SCHEDULE NAME OF PERSON OR ORGANIZATION Any person or organization to whom or to which the named insured is obligated by a virtue of a written contract to provide insurance that is afforded by this policy. Where required by contract, the officers, officials, employees, directors, subsidiaries, partners, successors, parents, divisions, architects, surveyors and engineers are included as additional insureds. All other entities, including but not limited to agents, volunteers, servants, members and partnerships are included as additional insureds, if required by contract, only when acting within the course and scope of their duties controlled and supervised by the primary (first) additional insured. If an Owner Controlled Insurance Program is involved, the coverage applies to off - site operations only. If the purpose of this endorsement is for bid purposes only, then no coverage applies. WHO IS AN INSURED: (Section II) This section is amended to include as an insured the person or organization within the scope of the qualifying language above, but only to the extent that the person or organization is held liable for your acts or omissions in the course of "your work" for that person or organization by or for you. The "products - completed operations hazard" portion of the Policy coverage as respects the additional insured does not apply to any work involving or related to properties intended for residential or habitational occupancy (other than apartments). This clause does not affect the "products - completed operations" coverage provided to the named insured(s). WAIVER OF SUBROGATION: We waive any right of recovery, when required by written contract, that we may have against the person or organization within the scope of the qualifying language above because of payments we make for injury. LOCATION OF JOB: The job location must be within the State of domicile of the named insured, or within any contiguous State thereto. DESCRIPTION OF WORK' The type of work performed must be that as described under classifications in the CGL Coverage Part Declarations. PRIMARY CLAUSE: When this endorsement applies and when required by written contract, such insurance as is afforded by the general liability policy is primary insurance and other insurance shall be excess and shall not contribute to the insurance afforded by this endorsement. EXCLUSION This insurance provided to the additional insured does not apply to "bodily injury', "property damage" or "personal and advertising injury" arising out of an architect's, engineer's or surveyor's rendering or failure to render any professional services, including: 1. The preparing, approving, or failing to Prepare or approve, maps, designs, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications: and 2. Supervisory, inspection, architectural or engineering activities. Endorsement EFFECTIVE DATE: SEE DEC Endorsement EXPIRATION DATE: SEE DEC CG 20 101112 11 Includes copyrighted material of Insurance services Office, Inc.. with ice permission Page 1 of 1 60452356 FPICO200(12 -II) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BUSINESS AUTO ELITE COVERAGE ENDORSEMENT This endorsement modes insurance provided wider the following: PREMIUM 225 BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified b_v this endorsement. SECTION H - LIABILITY COVERAGE - Amendments WHO IS AN INSURED The following are added to WHO IS AN INSURED: BLANhTT ADDITIONAL INSUREDS Any person or organization with n bout you agreed, pursuant to a written contract. to provide insurance such as is afforded under this Coverage Part but ouly to the event that tbe . person or organization is held liable for lour acts or emissions with respect to your ownership, maintenance or use of a covered "auto.' TIiis provision only applies if the written contract has been executed prior to the '-bodily injury- or -property damage: This coverage shall be primary and not contributory with respect to the person or organization included as au -insured' under this section. Any other insurance that person or organization has shall be excess and not contributor with respect to this insurance, but this provision only applies if it is required in the written contract identified in this section, and is permitted by law. BROAD FORK NAMED INSURED Ain business entih, newly acquired or formed bl you, other [hart a parmerslup. joint venture or limited liabilit) company during the policy period provided you own 50% or more of the business endly and the business emir. is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of die business eutiN. EMPLOYEES AS INSURED - HIRED AUTOS Anl' employee" of )ours is an - hisured' wbile operating an '.auto- hired or rented under a contract or agreement in that "employee's � name, with vour permission. while performing duties related to the conduct of your business. EMPLOYEES AS INSURED - NONOWNED AUTOS Any - employee" of lours is an --burred' while using a covered "auto' you don't own, hire or borrow in tour business. COVERAGE EXTENSIONS - SUPPLEMENTARY PAYMENTS Supplementary Pavmew s is amended as follows: We will pav tip to $3.000 for cost of bail bonds (including bonds for related traffic law violations) required because of an - accident- we cover. We do not have to fimush these bonds. We will pay all reasonable expenses incurred by the - insured- at our request . including actual loss of earrings up to $300 a day, because of time off from work- SECTION IQ - PHYSICAL DAMAGE COVERAGE - Amendments AUDIO, VISUAL, AND DATA ELECTRONIC EQUIPMENT COVERAGE EXTENSION Am reference to equipment for the reproduction of sound also includes video and global positioning slstents. EXPANDED TOWING COVERAGE In addition to the towing and labor limit shown in the Declarations for private passenger type -autos,- rye will pap up to $7, for towing and labor costs incurred each time die covered -'auto' is disabled. However. the labor must be performed at the place of disablement. This coverage applies only to an -auto' covered on this poficv for other physical damage coverage. EXPANDED TRANSPORTATION EXPENSE Coverage Exteusious- Transportation Expenses is deleted and replaced by the follow ing: We will pav up to $60 per day to a nnaxirnum of $1.800 for temporary transportation expense inured by von because of the total Left of a covered "auto' of the private passenger r'pe. We trill pav oily for those co%cod -autos" for which you tarn either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after hicludec cur.Tjghtcd matcrial cflSO Prnpertics. Inc wirh its pmuimmn Page 1 of 3 *10023420* due theft and ending- regardless of the policy's expiration. when the covered "auto" is returned to use or we pay for its loss." EXTRA EXPENSE — STOLEN AUTOS We will pay up to $L000 for the expense of returning a stolen covered 'anto' to you. We will pay orth for those covered - autos for which you carry Comprehensive or Specified Causes of Loss Coverage. MUD CAR PHYSICALDANLAGE COVERAGE For purposes of this sectioa. die term "auto- is redefined to mean a lard motor vehicle, "trailer or semitrailer with a gross vehicle weight tinder 20,000 pounds designed for travel on public roads. but does not include -mobile equipment If Comprehensive. Specified Causes of Loss or Collision coverage is provided to all owned autos by this policy, you may extend that coverage to apply to Physical Damage -loss- to lured - autos." We will provide coverage equal to the miuimnm coverage available to any covered -auto" shown in the Declarations. But. the most we will pay for `loss' to a hired "auto' is any one -accident- is the lesser of 1. $50,000: or 2. The actual cash value of the daniaged or stolen property as of the time of the -loss:- or 3. the actual cost of repairing or replacing the damaged or stolen property with other property of like kind or quality A part is of like kind and quality mien it is of equal or better condition than the pre- accideul part. We will use the original equipment from the manufacturer when: a) The operational safety of the vehicle night othem ise be impa utd: b) Reasonable and diligent efforts to locate the appropriate rebuilt, aftermarket or used part have been unsuccessfid: c) A new original equipment part of like kind and quality is available and gill result in the lowest overall repair cost: d) For vehicles insured under policies written on or before December 3L 2003, the vehicle has been used no more than 15.000 miles unless the pre - accident corudition warrants othem'ise: or e) For vehicles insured under policies written on w after Jannat- 1. 2004. the velucle has been used no more than 20.000 miles unless the pre- accident condition warrants otherwise. FPICO200 (12 -11) For each hired "auto our obfigatiou to pay -loss will be reduced be a deductible equal to the highest deductible applicable to anv owned -auto" for that coverage. No deductible will be applied to "loss mused by fire or lighmhug. We will also pay up to $500 per - accident- for loss of use of the hired -auto if it results from all -accident` for which you are legally Liable. The lessor must stiffer an actual financial -loss-for this coverage to apply. Hired Car Pb)sical Damage Coverage provided by this extension is excess over am- other collectible insumuce. LOANIL.EASE GAP COVERAGE For purposes of this section, the term -auto' is redefined to mean a land motor vehicle. 'trailer' or semitrailer with a gross vehicle weight under 20,000 pounds designed for travel on public roads, but does not include "mobile equipment " If a longterm leased or financed - auto" is a covered "auto for flue Physical Damage Coverage applicable to a total `loss' and the lessor or financial institution is an additional rammed under this Coverage Part, we will pay up to a mayimmn of $15.000 the difference between amounts you owe the lessor or frmacial institution under the lease or loan terms and the amour of insurance paid the lessor or financial institution for the total "loss" of the covered -auto" minus: any payments overdue at the time of the loss: any financial penalties imposed due to wear and tear, high mileage or similar charges: anv security deposits not refunded by the lessor or financial institution: any costs for credit life, health and accident or disability instratce: am costs for extended warranties: or anv cart-over balances from previous leases or loans. You ire responsible for the deductible applicable to the "loss for the covered -auto -. This coverage is excess insurance over any otter collectible insurance or lease provision. PERSONAL EFFECTS COVERAGE We will pay up to $400 for "loss' to wearing apparel and other personal effects. which are: 1. Owned by an "insured:' and L In or oa } our covered "auto:' in the event of a total theft -loss- of your covered -auto.' No deductibles apply to Personal Effects Coverage. RENTAL REIM URSEMENT COVERAGE 1. We will pay for rental reimbursement expenses incurred by you for the rental of am "auto" because of -Loss to a covered "auto.' Payment applies in addition to the othewise applicable amount of each coverage von have on a covered -- -auto." No deductibles apph to Rental Reimbursement Coverage. Ivcludes coptriled vulenal of ISp Yrapcties iuc. tvvitb iu pemii�einu Page 2 of 3 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS (Business & Professions Code 5 7028.151 [Public Contract Code § 20103-51 1. the undersigned, certify that I am aware of the following provisions of California law and that I. or the entity ou 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: ( I ) 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 (54.500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months. or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly bads, "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 it joint venture license, as required by Section 7029.1. However, at the time of snaking a bid as ajoint 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 awardim_ a contract or issuing a purchase order, verity 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 Page U -114 three business days. For purposes of this section. a telephone response by the board shall be deemed sufficient. Public Contract Code § 301035: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated be 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 verities to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre - qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License No.: 19 5-9 4 3 Class: —A Expiration Date: Date: 9-9 - p (f^ Paec D - Ili AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS ILabor Code §§ 1720, 1773.8, 1775, 1776, 1777.5. 1813, 1860, 1861, 37001 The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: I. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7. Chapter I (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (`Agency ") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 177; concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (I) keep accurate payroll records. (2) certify and make such payroll records available for inspection as provided by Section 1776. and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works project+, 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 (S25) 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 I. Article 3 of the California Lahor Code. 7. California Labor Code Sections 1860 and 3700 provide that even contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work off tth is contract." t Date " �f' � a (q Signature !� / Page D -114 INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECTOR WORK: 7th Street Alley Waterline and .Sewer Replacement Project, CIP# WT1607 Indemnitor(s) (list all names): C� ty o� Sect1 �3en� -�-• 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, arisine or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to die 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 fndeamitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attomeys 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 y 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreemenl 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 fndemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indenmitees. to 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 By rt Pace D -I 15 Name: / r t C �C. �Q Ir By: Its