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HomeMy WebLinkAboutItem IAGENDA STAFF REPORT `C DATE: January 9, 2017 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Jim Basham, Interim Director of Public Works SUBJECT: APPROVAL OF AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PUBLIC WORKS AGREEMENT WIT4CEDRO CONSTRUCTION AND APPROVE BUDGET AMENDMENT TO INCREASE THE BUDGET FOR THE 7T" STREET ALLEY WATERLINE AND SEWER REPLACEMENT PROJECT CIP NO. WT1607 SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6706: 1. Approving and authorizing the City Manager to execute Amendment No. 1 to the public works agreement with Cedro Construction, Inc. for an additional contingency in the amount not to exceed $60,000, with a total contract amount not to exceed $495,658.50, for, the 7h Street Alley Waterline and Sewer Replacement Project CIP NO. WT-1607; 2. Approving Budget Amendment No. BA17 -07 -01 allocating additional Water Capital Funds and Sewer Capital Funds in the amount of $85,000 to 71h Street Alley Waterline and Sewer Replacement Project CIP No. WT1607 for a total project cost not to exceed $554,658.50. BACKGROUND AND ANALYSIS: At the July 25, 2016 City Council meeting, the City Council approved a public works agreement with Cedro Construction, Inc. (Contractor) to provide construction services for the 71h Street Alley Waterline and Sewer Replacement Project CIP No. WT1607 (Project), in the amount of $401,658.50 and authorized the City Manager to approve contract change orders not to exceed $34,000, for a total of $435,658.50. The Project, located north of Electric Avenue, consists of replacing the sewer and waterline with 8 -inch pipes and the rehabilitation of the alley pavement with a Agenda Item I new concrete surface. During the course of construction, in addition to the work performed by the Contractor, the City must undertake public works inspections and materials testing for the Project. Construction on the Project began on September 26, 2016 and is near completion. The Contractor has removed both the old sewer and waterline, and constructed the new sewer pipe and manholes. Curreritly, the Contractor is installing the waterline, reconnecting all water services and will complete the Project by constructing the concrete surface alley. During construction several unforeseen conditions were, encountered by the Contractor that resulted in construction change orders (CCOs) and delays. Due to those unforeseen conditions, out of the original $34,000; contingency, the City has approved CCOs totaling $27,796.36 as of January 9, 2017. In addition, poor weather conditions and approved CCOs added working; days to the Project. Furthermore, contingent upon forecasted weather conditions, completion of the Project has been extended to early 2017. A break -down of the approved CCOs is provided as follows: The Contractor has also submitted several additional CC, Os requests totaling $40,001.61, which are under review. Staff also anticipates that until completion of the Project, additional CCOs and inspections may be required that are forecasted to exhaust the available contingency funds. Some of these anticipated additional risk items and required CCOs include additional roadway excavations due to unforeseen unsuitable soils conditions, extending asphalt concrete pavement limits and associated delays. Asa result, staff suggests amending the public works agreement with the Contractor to increase the contingency by $60,000, and authorizing additional expenditures for construction inspections, materials and testing. Additionally, staff would suggest amending the budget for additional funds to complete the Project. ENVIRONMENTAL IMPACT: This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under section 15301 class 1 subsection (b). .•' Revised Description Amount Contract Amount 6 -inch Insta -Valve $ 15,959.36 $ 417,617.86 -Installing Cut ex. 6 -inch waterline and cap ex. 12 -inch waterline $ 11,837.00 $ 429,454.86 Total $ 27,796.36 The Contractor has also submitted several additional CC, Os requests totaling $40,001.61, which are under review. Staff also anticipates that until completion of the Project, additional CCOs and inspections may be required that are forecasted to exhaust the available contingency funds. Some of these anticipated additional risk items and required CCOs include additional roadway excavations due to unforeseen unsuitable soils conditions, extending asphalt concrete pavement limits and associated delays. Asa result, staff suggests amending the public works agreement with the Contractor to increase the contingency by $60,000, and authorizing additional expenditures for construction inspections, materials and testing. Additionally, staff would suggest amending the budget for additional funds to complete the Project. ENVIRONMENTAL IMPACT: This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under section 15301 class 1 subsection (b). .•' LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: In the approved FY 2016/17, a budget for $470,000 of Water Capital Funds and Sewer Capital Fund is identified for construction of the Project. The public works agreement is $401,658.50 with Cedro Construction, Inc. The table below presents the estimated breakdown of the necessary funds to complete the Project: Description Approved Proposed Expenditures Difference Construction & Contingency $ 435,658.50 $ 495,658.50 $ 60,000.00 Inspection $ 25,000.00 $ 35,000.00 $ 10,000.00 Materials and Testing $ 9,000.00 $ 24,000.00 $ 15,000.00 Total $ 469,658.50 $ 554,658.50 $ 85,000.00 The total estimated cost for the Project is $554,658.50. Budget Amendment No. BA17 -07 -01 in the amount of $85,000 from Water Capital Funds and Sewer Capital Funds is recommended for approval. RECOMMENDATION: That the City Council adopt Resolution No. 6706: 1. Approving and authorizing the City Manager to execute Amendment No. 1 to the public works agreement with Cedro Construction, Inc. for an additional contingency in the amount not to exceed $60,000, with a total contract amount not to exceed $495,658.50, fort the 7th Street Alley Waterline and Sewer Replacement Project CIP NO. WT1607; 2. Approving Budget Amendment No. BA17 -07 -01 allocating additional Water Capital Funds and Sewer Capital Funds in the amount of $85,000 to 71h Street Alley Waterline and Sewer Replacement Project CIP No. WT1607 for a total project cost not to exceed $554,658.50. Page 3 ITTED Basham �im Director of Public Works NOTED AND APPROVED: Prepared by: Cesar Rangel P.E., Associate Engineer Attachments: A. Resolution No. 6706 B. Amendment No. 1 C. Original Contract with Cedro Construction, Inc. Page 4 Attachment "A" RESOLUTION NUMBER 6706 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING THE CITY MANAGER TO INCREASE THE BUDGET FOR THE 7T" STREET ALLEY WATERLINE AND SEWER REPLACEMENT PROJECT CIP NO. WT1607 THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves that certain Amendment No. 1, to the public works agreement between the City of Seal Beach and Cedro Construction, Inc., dated July 25, 2016, for an additional contingency payment in the amount not to exceed $60,000, for a total contract amount not to exceed $495,658.50. SECTION 2. The City Council hereby authorizes and directs the City Manager to execute Amendment No. 1 and all related documents, on behalf of the City. SECTION 3. The Council hereby approves Budget Amendment No. BA17 -07 -01 to modify the Fiscal Year 2016/2017 budget as follows: Description Account Revised /Adopted Budget Proposed I BudgE Budget (diff) I Amendment Capital Project 019 - 950 -49605 $ 11,840,000 $ 11,882,500 $ 42,500 Capital Project 044 - 975 -49605 $ 1,320,000 $ ;1,362,500 $ 42,500 PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of January, 2017 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Mayor, Sandra Massa -Lavitt ATTEST: Robin L. Roberts, City Clerk Resolution Number 6706 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6706 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 91h day of Januarv,'2017. Robin L. Roberts, City Clerk Attachment "S" AMENDMENT NO. 1 PUBLIC WORKS AGREEMENT between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 R 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 7'" 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: CITY OF SEAL BEACH CONT�R By: BY_.. Jill R. Ingram, City Manager Name: aL� 6'1= 0rAr.'P Attest: Its: By: L. Roberts, City Clerk Approved as to Forrp;, By: Craig A. Steele, City Attorney By: Name: in Attachment "C" ® 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 • 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 7fh Street AIIeV 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 Contractor's Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Agreement, Contractor shall perform and complete in good and workmanlike manner all work ( "Work') required by this Agreement and the documents listed in • Subsection 1.2 for the Project. 1.2 Contract Documents. The "Contract Documents' that comprise the agreement between the City and the Contractor are the- Notice Inviting Bids, Instructions to Bidders, Accepted Proposal, Non - Collusion Affidavit, Bid Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms for Check or Bond, Specifications, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, this Agreement, Exhibits attached to this Agreement, including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers' Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Agreement. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. El 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 Hof 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 • 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 0 • • 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 f subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. 5.6 Survival. The provisions of this Section 5 shall survive the termination of the Agreement and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 6. Insurance. 6.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subcontractors. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by ,Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D -1 Commercial General Liability. Automobile Liability. 6.1.2 Exhibit D -2 Additional Insured Endorsement - Additional Insured Endorsement - 6 13 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). 622 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 8). 5of9 0 E r 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. 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. 5.3 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brouaht. 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. I 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, Contractors 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 amountlis 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. 8of9 i �J 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 By: VI . Ingram, City ? Attes q00 By Robin Roberts, t y,} le (r1FE9 n�, ,, Approved as or ._� -t'- j rt By: el ,,City Attorney 9of9 CONTRACTOR By:� %L /�� Name: �i iCGa Title: S (1?S6t 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.) 0 THE FINAL PREIHM IS PREDICATED ON THE FINAL CONTRACT PRICE Bond No. 0705454 PERFORMANCE BOND KNOW Ate, PERSONS BY THESE PRESENTS mat: (One of Three Originals) prerniorn S7,025.00 WHEREAS the City of Seal Beach, has awarded Cedro Construction, Inc.. 120 E. Santa Maria Street, Santa Paula, CA 93060 (mBnd ma ("Principal "), a contract (the "Contract') for the work described as follows: 71h Street Alley Waterline and Sewer Reolacernent Proiecr C1P# WTI607 WHEREAS, Principal is required under the terms of the Coouw to! furnish a bond for the faithful performance of the Contract. i NOW, THEREFORE, we, the undersigned Principal, and International Fidelity Insurance Company, 2400 E. Katella Avenue, Suite 250, Anaheim, CA 92806 i (Name and address of Surety) ("Surety") a duty admitted suety insumar under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Four Hundred One Thousand Six Hundred Fifty Eight and 50/100 Dollars (S 401,658.50 1 this =in= ,being not let+ than the total contract price, in lawful money of the United Stasis of America, for the paymemt of which sum well and Maly to be made, we bind ourselves, Our heirs, executors, adrnioisaaaon,. successors, and assigns, Jointly and severally, firmly by these presoots. THE CONDITION OF THIS OBUGATION IS SUCH THAT, if the hereby bounded Principal, his, her Of its heirs, exaarmrs, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenaats, conditions and agreements in the Contract and any aherstum 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 offseets, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond. Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terns 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 party hereto. IN WITNESS WHEREOF, two (2) identical counurparts of this instrument, each of which shall for all purposes be deemed an original hereof, have bees duly executed by Principal and Surety, on the date set forth below, the name of each corporate parry tieing hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Page D -99 State of Cald mia Subscribed-and sworn to '(or affirmed) before me. CounTy of on this 14L day.of 20� by Date Year _ (and (2) ) Name(s) of Signer(s) MARIE T. PARKS . commiww # 1689625 proved to me on the basis of satisfdctory . evidence R m 1' NoWry PublIC- Cahfpni2 s _to -be the perso (s)'who -'a eared before me. Ventura County - - My comm Expires Aug. 28.2016 - Signature ' Signature of Notary Public Sea! Pace Notary Seal Above 'OPTIONAL Though this section is optional completing this information; can deter alteration of the document or . fraudulent' reattachment of this form to an unintended document. Description of-Attached Document :. TirtielorTypel. of Document: Document Date: :Num ber of Pages.._ Signers) "Other Than'Named Above:: ©2014 National'Notary.Association • www.NationalNotary.org 1- 800 -US NOTARY (1- 800 -876 -6827) .Item #5910 Dated: "Principel- Cedro Construction. Inc. 9y: IV By: -surety° International Fidelity Insurance Company i By. ttS Attomey -m -Fact, i it tew obyns By: (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 attachedi Page D -100 'KSantz(p their true -and othe ,..d,ft' COMPAI acknome 'This Pm COMPAI of:INTEI IN WIT attested compl duly affi ady.e l ctedofficem at their: principal -o, fft es- 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 9'6. 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 persons) whose names) is /are subscribed to the within instrument and acknowledged to me that he /si+e /they executed the same in his /her /their authorized capacity fies), and that by his /ber /their signatureH on the instrument the person(s), or the entity Upon behalf of which the person(s),i 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 -n NOTARY PUBLIC CALIFORNIA O WITNESS y ha and official seal. ORANGECOUNTY ;1- My mmm. erpiras Mao 5, 2017 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(TES) DESCRIPTION OF ATTACHED DOCUMENT Included In The Bond Me. 0705454 Bond Premium Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the Ciry of Seal Beach, has awarded to Cedro Cunstrumon, Inc., 120 E. Santa Maria Street, Santa Paula, CA 93060 (Name and address of Contractor) ( "Principal"), a contract (the "Conti ") for the work described as follows: 7th Street Alley Waterline and Sewer Replacement Pju;acL CW# WTI 6o7. WHEREAS, Principal is required under the terms of the Contract and the Califomia Civil Code to secure the payment of claims of laborers, mechanics, materielmen, and other persons as provided by law, NOW. THEREFORE, we, the ursdasipcil Principal, and International Fidelity Insurance Company, 2400 E. Katella Avenue, Suite 250, Anaheim, CA 92806 (Name and address of Surety) ('SurW) a dulY admitted smaty insurer under the laws of the State of California, as Surety, ate held and firmly bound unto the Public Agency in the penal son of Two Hundred Thousand Eight Hundred Twenty Nine and 25/100 DOOars (S 200 829.25 this amount being not less than fifty percent (SDVa) 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 beiM executors, edminisbatoM successors, and assigns, jointly and severally, firmly by these presents, THE CONDMON 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 Ltsmaaa Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, aid paid over to the Employment Developtnmt Department 8om the wages of employes 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 Steely 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 rase suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable twomeys- fees in an amount fixed by the court FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, aheration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shell in toy way allea its obligations under this bond and it dos hereby waive notice of any such chango, 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. Page 6102 CALIFORNIA JURAT WITH AFFIANT STATEMENT r ttached Document (Notary to cross out lines 1-6 below) Fl See Slbkment Below (Lines 1-5 to be completed only by document er[s], not Notary) Signature of DOOUment Signer No, I State of California County of Q�:delrl MARIE T. PARKCommission 01989525 Notary Public- Caliloma Ventura County My Comm. Expires Aug. 28, 2078 { Place Newry Seal Above Signature of Document Signer No 2 (it arty( Subscc /ril7pd and sworn to (or affirmed) before me on this ' day of 20 ///O' by Data ]'�� r' (' M�mtthh / Year (1) """.ILLS rtA`JS�„ . Na FA Signet proved to me on the basis of satisfactory evidence to be the person who appeared before me (and (2) Name of Slgrler proved to me on the basis of satisfactory evidence to be the perso who appeared bI Signature Sgromo of Nouey PoWe OPrIONAL Though the iWormalion 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. Tap of thumb here Top of thumb here Further Description of Any Attached Document Tole or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: G'¢ Z4E%( 7K] 4 .'%G"= 4r�6CG"e_�C')r= %G"r m200]NativW NOOry ASSwiabon•9]50 De SOb Ave.,PO.aor 2x02 cnattwvnn, CA 91b112a02•www NatimalNOiaryag Iterna5e10 NaorJer Ca0To0F.1- 800 -EP6 7 IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shalt for ail 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" "gam," Cedro Construction, Inc. International Fidelity Insurance Company By, ✓ Its t By` By: I A atthew i . 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 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 name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /" executed the same in his /lam /their authorized capacity (es), and that by his /her /their signatureH 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 PFR]URY under the laws of the State of California that the foregoing paragraph is true and correct. _ 1 ERIKAGUIDO COMM. a 2022671 WITNESS hand and official seal. NOTARY PUBLIC CALIFORNIA N ORANGE COUNTY 'f My comm. expkes May 5, 201_77 it i ure of ry OPTIONAL 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) WORKER'S COiNIPENSATION CERI-IFICA'fR OF INSIfRA NCI,- %VII EREAS, the Cl 'I Y OI: SEAL REACH has rcyuired certain insurance to he provided by Cedro Construction Inc. NOW THFRER)KE, the undersigned invuance company dues hereby xnify that it has issued the policy or policies described below to life following owned insureds and that the same are in force w this time. 1. This certificate is issuer] to: CITY OF SFAL REACH, City Hall, 21,11 £UGHTH STREET, SF•Nl. REACH, CA 90740 - 63,79. 2. File insureds under such policy of policies are: Cedro Construction 3. ]Yorker's Compensation Policy or Policies ui a fowl approved by theinsurance Commissioner of California covering all operations of the named insureds, as follmvs: POLICY NUMBER FFFECfIVE DATE EXPIRATION DATE ONUWC0135887 4/1116 4/1/17 4. Said policy or policies shall not be c:mceled, voided or reduced in coverage m limits of liability, unless and wait thirty day; advance written notice thereof ha, peen screed upon the City Clerk of the CITY EAL BFA C11 IL BY _� Its Audtorized Representative P;�e <• D -loj ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Cedro Construction Inc. Nam- and address of naned insured (•'?finned husured' -j: Financial Pacific Insurance Company Name and aJJn•ss of Insurance Company ("Company"): OFFICIAL TITLE OF PROJECT: 7111 STREET ALLEY WA ITRUNF: AND S WER R EPLACLNILN'1'S PROreCI CIP NO. WT1607 Notwithswnding any inconsistent statement in the policy la which this endorsement is anaehed (file "Policy ") or in any endorsement now or hereafter attached Ihereto, it is agreed as follows: I. The City of Seal Reach, its elected officials, Officers, amomcys, agents, employees, and volunteers are additional insureds Ithe above named additional insureds arc hereafter referred la as the ".Additional Insureds ") under the Policy in relation to those activities described generally above with regard In operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability tort the payment ofam• premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional hvsureds wider the Policy shall be primary insurance. and no other insurance maintained by the Additional Insureds shall be called! upon to contribute with fire insurance coverages provided by file Policy. 1. Each insurance coverage under the Policy shall apply separately to each Additional Insured against Whom claim is made arsuil is brought except with respect to the limits of the Company's liability. 4. Nuthing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the Policy against mrother insured under the policy. All such ciaints shall covered as third -part claims, i.e." in the san- manner as if separate politics had been issued to each insured. Nothing contained in this pruvision shall operate to increase or replicate the Company's Iimim of liability as provided under the policy. i. lltc in.SwanCe afforded by the Policy for contractual liability insurance (subjeel to the tcmas, conditions and exclusions applicable in such insurance) includes liability assumed by [tie Named Insured under the indemnification and/or hold harmless Pmvisinn(s) contained in or executed in Conjunction with the writtetl agreements) ar penuigs) designated ubuve, between the Named Insured and the Additinn:d Insureds. fi. 'I he policy m which this endoueunenl is "'ached shall curt he subject to cancellation, change in coverage, reduction of limits (except as the result Of Ihe pavmenl of claims), yr nun - renewal except adler wrincn notice to Public Agency, by certified mail, return receipt request -d, not less than filmy (10) days prior to the effective date thereof. In the even) of Conapwiy's failure to cornply with this notice provision, the policy as initially drafted will continue in full force unit effect until eoiupfance with this notice requirement. - Current Policy expires an 9124/16, less than 30 days. 7. Company hereby waive all tight ul subrogation and couributiou agaimr the Addliuual Insureds. ovhile acting within tire scope of their dntle5, from all claims, losses and Iiahiiitivs arising out of or incident to the perils insured against in relafloo to those activities described generally above with regard to operations performed by or on behalf of Ihe Nanued Insured regaudlcss of any prior. cuncurlew, or subsequent active or Passive negligence by the Additional Insureds. 8. it is horehy agreed that the la" of file State of Calilimntiu shall apply In and euvern [lie validity, constnmtion, interpretation, and cnthrceniuu rf this contract of insurance. Payed I a -1117 '). IIn., cndnrsemcnl and all n.4 ices given hercundm shall ba SCIII w Public Aecncv at, Ciro Eneiaca Cif, ul Sed (leach 211 Xdt Srreet, 2 "6 Pltna Seal Beach CA 407441 b). E: cept as mated above and net in conflict with this cndnrscunn0, nothing contained herein shall he held ro waive. alter or extend anv of die limits, agreements, or esclusions ul'the policy to which this endorsement is attached. TY'PE OF COVERAGES TO W IICI1 POLICY PERIOD LIMITS 01: TI US FM1nRSEMENT ATTACHES FROM/fO UAF GXn' Commercial General Liability 9/24/2015 to 9/24/201 6 $1,000.000 Occurrence it. Scheduled items or locations are to he identified oil an attached sheet. The following inclusions relate n> the above coverages. Includes. ' Counmebral Liability f l Il torn c r¢I -and lordsr['ananfs 0 Manuracnrrca7Cnnvactnrs °S Products;Completed Operations XI broad Fomt Property Oamagc �X Extcuded Bodily Injury X Broad Form Comprehensive 'k Ceneml Liability Endorsement CG 00 01 04 03 x Esplos ion I iarard IX Collapse Hazard x: Underground Property Dainage O Pollution Liability U Liquor Liability O 12. A S deductible or u self- insured retention (check one) of S 5.000 applies to all euvemge(s) except: _ -- (if nunq so state) Mite d vineihle is applicable ❑ par claim or LX per occurteuee (check uI,). 13. this is an xl ncee Tenec on claims made policy (check one). I -I. This endursentent is ,f1cc(ivc on September 8, 2016 at 12;1)1 A.M. amt loons a pan of 1'olicc Number 60452356 t David Drumright (print name), hnruhv declare under penalty of parjun under [he Imes o(ihe Stine or Cowomia that ]'have the uuthorin• to bind Ili,; Company to this endunement and that by my execution hcreut; I do so hind One Company. Isecund _ September 8 _ . 20 16 Siguatuie MAut on cd RAr,, ta ri - (Origibal sidnalure only; nu facsintile signa(urc nr iitifialed signature accepted) Phun, Nu.: 1 605 / 690 -2609 P :n;� l)- I nX ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Cedro Construction Inc. Nance and address of named insured P1Named Insured "): Financial Pacific Insurance Company Name and address 01 insurance Company ("Comparry'i: 01-'PIC1,11. TITLE OF PH0,10-T: 7111 Street dtler Waterline and Seaver Replacement PaulECt -C1P A'u. IV? 1607 Notwithstanding mep inconsistent statement in the palicp to which this endnrs'ement iv nnuched (the "Policy) or in dnv endorvernent now or hereafter atmdhed thereto, it iv agreed os follows: The City of Seal Beach, its elected officials, officers, attorneys, agents, employees. and volunteers are additional insureds (the above rammed additional insureds are hereafter referred to as the "Additional Insureds ") under the Policy in m1alion bt those activities described generally above with regard rat operations performed by tar on behalf of the Numed Insured. 'Rue Additional fm ireds have nu liability for file payment ofany premiums or assessments under the Policy. I. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insumna. and nu other insurance maintained by the Additional Insurers shall he called upon to contribute with the insurance cOverluMs 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 its this contract ufinsurmce shall be wnstrucd to preclude coverage of a claim by one insured under the policy against another insured trader the policy. All such clabns shall covered as dnird -party, claims, i.e., in the saute mamher as if separate policies had been issued to each insured. Nothing contained in Ihis pravi,non shall operate to increase or replicate the Company's limits of liability W provided under the patio 1 4. The insurance afforded by the Policy lur cumractiml liability insurance (subject to the terms, conditions mid exclusions applicohle In such insurance) includes liability assunted by dnc Named Insured under the indermhificmfou and/or hold harmless pruvisionts) contained or executed in conjunction with Lite written agreemenl(s) or permit(.. ^.1 designated above, between the Named Insured and lite Additional Insureds, 5. The policy to which this endorsement is attached shall rot be subject to cancellation, Outage in CIo`CMgc, reduction of limits (except as the result of the payment of claims), or non - renewal except after written notice to Public Agencv, by certified mail, return receipt requested, not bss than (him (301 drys prior In the effective dale thereto. In the event of Company's failure to comply with this France provision, the poll,y as initially drafted will continue in full force and (feet until compliance with this notice requirement. ' Current policy expires on 9124116, less than 30 days. 0. Company hereby waives all rights of suhrugatiou and cnntributiou against the Additional baaalS, while acting within the scope of their duties, frnur all claims, losses ;aid liabilities arising nut of uh incident 11) the perils insured against in relation uo those activities described generally above with regard to operaimis perlbrmed by or tan behalf' of the Named Insured regardless of any prior, concunca, or subsequent active or passive negligence by the Additional insureds. It is hereby agreed that the laws ul the State of Calitiihnia shall apply lu mid gmwem the validity, construction, interpretation, had udircemeut of this Conti act of insurance. 'rh is endorsuucnt 1nut all urniers given hereunder shall he sent In Public Agcncy :n: City Gngiuem City of Seal Heath 211 8th Street, 2" Flom Scal (tench CA 40740 Paee Ii 1 1U 7. Eacepl as stated above: and not in aurillicr with this endorscmznt. nothing cunmined herein shall he field to waive, if or extend any v (tic limits. agreemen(s, or escIusions of tlm poIiev to which this end., scmcot is attached, 'fYPL OF COVER, \GLS'I t) Wffb:jI Commerdal Auto POLICY PERIOD I, IN0 1 S OF ]1 ITS ENDORSEMENT' AYFACHLS $1,000,000 FRONV TO 9/24115 to 9124/16 LIABILITY Scheduled itews or lucatiuns are to be identified on in attached sheet. The following inclusion., relae to the above c(,verages. Includes: 'x 4ny.\uumwhih:s i I All Owned Auto nntbdes Non -owned automobiles G Hired Automobiles Cl Scheduled Automobiles I_i Garage Coverage D Truckers Coverage NfuWr Comer Act O Rus Regulatory Reform Act Public Livery Covei age 11. A 0 deductible or 6 self - insured retention (check one) of $ applies to all arvcragets) cxcep(. No Deductible of none, ", elate) 71w deductible is applicable J per claim or O pa occut«nce leheck one). 12. phis is an x occurrence or ❑ claims made policy (check one) 13. This cndorsen ew is effective on September 8, 2016 al 12111 A.NI and forms a part of Policy Number 60452356 -— I, David Drumright I (print awic), hereby declare under penalty ufpajury under the la„K of the Stale of California, that I have the authority to bind the Conipuny to this endorsement and that by my execution hereof, 1 do in hint thz Company. Lseculcd _ September 8 .2016 Sivnawre ul'AinhotizeJ Heprcsnttative (Original signature only; no facsimile signature ur initialed signature accepted) Phone No.: ( 805 1 690 -2609 pub c D -1 I I 2. We will pay mil} for those expenses incurred during the police period be=ivaiug 21 hours after the -toss and eadugg regardless of the policy -s expiration_ with the lesser of the following number of days: A) The number of days reasonably required to repair or replace the covered -into." If ..loss' u cursed by theft. this number of days is added to the number of days it takes to lcunlc the covered -auto- and retain it to von. b) The number of days shown iu the Sched,le. 3- This coverage applies out, to a covered -auto for which there is Comprehensive. Specified Causes of Loss or Collision Coverage provided on this covered -alto.' If there is no Collision Coverage for a covered -anro.' then Rental Reimbursement Coverage will rot apply to a Collision loss imnlving that covered -auto." J. Our palment is d auted to the fesser of the following amounts: a) Necessary and actn:d expeuses iurnrred. b) $75 for arry one day or for a ir=imum of 30 days. 5. This coverage does nor apple while there are span or reserve -autos - al allable to you for your operations. 6. If -loss results from the total theft of a eocered -auto 7 of the private passenger bvper we with pay under this Lox erage only that amount of your rental reimburse,,,,( e%peuses which is not already provided for under the PHYSICAL DAMAGE COVERAGE Coverage Extension - 7. Coverage does not apply to any covercd "auto' for ,rhidr coverage is provided br endorsement form CA 9923 on this policy. WAIVER OF DEDUCIMLE- GLASS Deductible is aneuded by adding the foilowium: No deductible for a covered -auto will apply to glass damage if the &Lass is repaired rather dun_ replaced. SECTION IV - BUSINESS AUTO CONDITIONS - Ameudments LOSS CONDMONS ]KNOWLEDGE OF ACCIDENT, CLAD1i, SUIT OR LOSS The requirements for reporting and seuding claim or `saw information to us including previsions related to the FPICO200 (12 -11) Albsegnecr investigation of such cilinns or 'snits . under DUTIES W TIE EVENT OF ACCIDENT. CLA2,L SUrr OR LOSS. do not apply nntill the -accident' or -loss" s kaowu to I. You. if you are an individual; 2. A partner, ifpou ate a p�wtership: 3. An exeaniue officer or instiri ce olin lger_ if you are it corporation: 1. Your members, managers or utauarce manager, if you are a limited habilir' company. 5. Your elected or appointed officials, uustees. board member,, or; our umirance manager, if v'ou are as orgaiization odrer than a Partnership-joint cetuum. or hatited liability company. But. this section does not amend the provisimu reLutiue to notification of poll=- protection or ev-miiivuiou of the propem, which u -as subject to ale -loss.- BLANIMT WAIVER OF SUBROGATION Transfer Of Rights Of Rmoven' ACamst Others To Lis is deleted cud replaced by the following: We tai ;e anv right of recovery we may have against aav person or orp rizaion to the c-tent required of 3'ou by o written contract executed prior to 3wV "accident' or - loss." provided that the -accident- or "loss' arises out of the opemtious contemplated by such contract. The ,air applies mby to the person or organization designated in such contract. GENERAL CONDMONS UN MNTIONAL ERRORS OR OMISSIONS Cuucealmeut, NMrepresentaoou Or Fraud is amended be adding tine follow to..: The unintentional ouuissiou of or unintentional e:ror in anv information given by you shall not prejudice _;our rights under this insurace_ However. this precision does our affect our right to collect additional premium or exercise oar right of cancellation or non- renen ai, SECTION V - DEFINITIONS - Amendment MENTAL AINGLISH The definition of "-bodily iupary- is wtcnded to include meard anguish resulting from any -bodily input." sickness or disease sustained by a person. Inolvdes oap�ri td mauia(of l+0 &opuiicc lee v:im i4p�iasfun Pace3 of -11023430< IIIII�IIIQI�IIIIIIIIII eptl ll` IN IN 111111 ANORCE"i DELA CERTIFICATE OF LIABILITY INSURANCE GATE5120�YTYYI 8111512016 ' 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: H the certificate holder is an ADDITIONAL INSURED, the policy(!") must be endorsed. If SUBROGATION IS WANED, 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 endomement(s). PRODUCER (SOS ) 965.0071 Brown &Brown Insurance License k 0D04053 P.O. Box 51010 Saner Barbara, CA 93160 -1010 CONTA NAME CT Laura Decker =NE FAIL m: (805) 690 -2615 I I IArt: Nm:�05 690 -2775 sooRese: Idecker bbofcal.com wWRER(SI AFIADMNG COVERAGE NAICa INSURER A: Midwest Employers Casual company I E- OCCURRENCE INSURED Cedro Construction Inc 120 E Santa Maria Santa Paula, CA 93060 INSURER 9: _ 15 INSURER C: wsuReR o NSURERE: INSURER F GVVtR utzs CERTIFICATE NUMRFR- 1 Revlmnu X.-m acv. 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, LNTRI TYPEOFINSURANCE Y WIKM EX LIMITS POLICY NUMBER NMm I COMMERCIAL GENERAL LIABNTY ' CLAIMS-MADE ❑ OCCUR I I E- OCCURRENCE S OnCMtRRE PR_, SES Ea R nenm �MEO 15 EXP (Any caw Feroar) S I u I PERSONAL A AOV INJURY S UNIT APPLIES PER POLICY 0 PRO- JECT LOC GENERALAGGRECWTE f �GEIWLAGISREGATF I PRODUCTS- COMPIOP AGO S S OTHER I AUTOMOBILE uA96JLY I ce eBmEAmSINGLE LIMIT S BODILY INJURY (Pr Arson) S ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS ( BODILY INJURY (Per. at) E ! UEO HIRED AUTO ATOS Ra Q S I I I UMBRELLA LIAB OCCUR I EACH OCCURRENCE S EXCESS We CLAMG+AAOE I I AGGREGATE S DED RETEm10NS S A WORKERS cONPENSATION ANeEMPLOYER5LUUJAITY ArvY PROFeI ICRNARTNERJFJ(ECUTIVE YIN OFFICERMEMBER ERCLUDEOT �N /A X BNUWC0135887 4!1!2016 _ I 4/1/2017 P R TH- X STATUTE ER EL. EACHACCDENT s 1,000,00 EL DISEASE - EA EMPLOYEE. 1,000,00 If I.,d arya NMI Dym, RPTION OF O DESCRIPTION OF OPERATIONS beIRm I I E.L DISEASE - POLICY LIMIT IS 1.000,00 I I I DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (ACORD 101, AodMaal RmuMs S voulo, may 0o rWeMd B mom apaceb ra'.kad) RE: 7th Street Alley Waterline and Sewer Replacement Project CIP No. WTI 607. 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 - AUTHOR VED REPRESENTAME 0 1 98 8 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/011 The ACORD name and logo are registered marks of ACORD: ANORCED -01 DELA 4t`loszo CERTIFICATE OF LIABILITY INSURANCE 0 8/1 M®Dm Y B115l20t6 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 endomemenL A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BO 965 -0071 ( 5) Brown It Brawn Insurance License S OD04063 P.O. Box 61010 CONTACT NAME: Laura Decker uc °NE (805 690 -2615 PA'T AK NP: 805 690 -2715 E-MAIL ADDRESS ldecker@bbofcal.com INSURERISIAFFORDINGCOVERAGE NAICt Santa Barbara, CA 93160 -1010 INSURER A: Financial Pacific Insurance Company EACHOCCURRENCE S 1,000,00 INSURED Cedric Construction Inc INSURER e: I INSURER C: 912412015 120 E Santa Marla Santa Padla, CA 93060 INSURER o: MEG EJIP(Any one pawn) INSURER E: 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, DCCLUSICNS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IPT�R TYPE OF INSURANCE I, Seat Beach, CA 90740 - POLICY NUMBER IPoY110 Y EFF I p Y Ex➢ LIMITS A X COMMERCIAL GENERAL LY9arY EACHOCCURRENCE S 1,000,00 CWMSauDE X OCCUR X X 60452356 912412015 9l24@Ot6 PREMISES Ea mv,. r 100,00 MEG EJIP(Any one pawn) IS 5,00 H ' I PERSONAL a Nov INJURY IS 1,000,00 GENLAGGREGyj ATUNIT E UNIT APPLIES PER: POLICY �J JEC LOC i I j I I GENERAL AGGREGATE jS 2,000,00 PRODUCTS - COMP/OP AGO S 2.000,00 is DrHER I I A AUTOMOBILE UABILITY r AUTO X' X 60452356 912412015 9/2N2016 EaMOr<IN�EO SINGLE UM" is 1,000,00 BamLV INJUar !Par panm; s �ANY AUTOEO I AUTOSU�D X .HIRED AUTOS I X AU7, DS �EO i BODILY INJURY (Per amdmgS IP.'.p ;AMAGE S I Is I UMBRELLA LIAB I X OCCUR I I EACH OCCURRENCE Is 4,000,00 A X ExcESS UAS CLAIMS -MADE I 912412015 9/24/2016 AGGREGATE ;% 4,000,00 OED 1 1 RETENTIONS 1/60452356 ( 4 WORKERS COMPENSATION ANDEMPLOYERS'IJABIUTY yIN ANYPROPRIETORYPARTNEWEXECUTIVE OFPICERIMEMEER EXCLUDED? NIA PER OTH- S'ATIITE ER EL. EACHACCIOENT is E.L. DISEASE - EA EMPLOYEE; $ (Myi�mnory in NH) OE SCRIIPOON OF OPERATIONS blow E.L. DISEASE - POLICY LIMrt 1 s I I DESCRIPTON OF OPERATIONS/ LOCATIONS I VEHICLES ACORD 101. AOdltlonal RaI SCNadule, may be allalIdd if Md epee lam Iu l 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 10R 12 11 and under the Auto Liability per the attached farm FPICO200 (12 -11). The insurance is primary and noncontributory per form CG 20 10R 1211. Waiver of Subrogation applies underthe General Liability per attached forms CG 20 1O 1211 and underthe Auto Liability per attached form FPICO200 (12 -11). CERTIFICATE HOLDER CANCELLATION © 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 211 - 6th Street ACCORDANCE WITH THE POLICY PROVISIONS. Seat Beach, CA 90740 - AUTHORIZED REPRESENTATIVE © 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 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 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. The type of work performed must be that as described under classifications in the CGL 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 ian 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 engineer i ing activities. Endorsement EFFECTIVE DATE: SEE DEC Endorsement EXPIRATION DATE: SEE DEC CG 20 101112 11 Includes copyrighted material of Insurance Services Office, Inc 3s permission Page. 1 of 1 60452356 FPICO200 J2 -IIj THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BUSINESS AUTO ELITE COVERAGE Thiseadorsemeut modifies imQ , ce provided underthe fodocin., : PREMIUM 225 BUSLNESS AUTO COVERAGE FORM With respect to coverage provided by this mclotsemeut, the provisions of the Coverage Form appiv nliess modified b_v this endorsement. SECTION 11 - LIABILITY COVERAGE - Ameadmentc WHO IS AN INSURED The fadon tog are added to WHO IS AN INSURED: BLANKET ADDITIONAL INSUREDS Any person or organization with 0 hot you agreed. pursuant to a tvrittea contract to provide insurance such as is afforded under this Coverage Part but only to the extent that the_ person or organization is held liable for your acts or omissions with respect to van oa'uzndiip. maintenance or use of a coveted - auto.- This proxisiou only applies if the written contract has been executed prior to the -bodih' input or -property da tage.- This coverage shall be print= and nor contributor with respect to the person or oignaimlion included as an -insured- under dus section. Any ciltu insurance that person or organization has shall be excess and not contributor' with respect to this insurance. burr this provision only applies if it is required in tare hrritim contra=t identified it tbis section, and is permitted by Lan-. BROAD FORM NAMED INSURED Aux business entity aeeh. acquired or forined by vou, other than a partnership. joint venture or limited liabdit} company during the police period provided you once 50% or more of the business entity and The business entih is not separately insured for Business Auto Coce.•age. Coverage is extended up to a maxhnruu of I80 days folloaciug acquisition or formation of die business euturY. EMPLOYEES AS INSURED -HIRED AUTOS Am - employee' of yours is an -insured" while operating an 'auto lured or r_med under a ceptrta or agreement in that 'employees' name, tvith your perntissiou. wiule perforiuing duties related to the conduct of otn business. EMPLOYEESAS INSURED - NONOWNED AUTOS .r1' - employee' of }ours is an -insured- TkUC using a covered -auto' you doa "t ona, hire or borov in mir business COVERAGE EXTENSIONS - SUPPLE.MENTARY PAYMENTS Supplementary Papmeuls is amended as follows: We will pay up to 53.000 for cost of bail bonds (including bonds for rchued traffic Late violations) mgnired because of an - accident- the cover. We do not have to fumish these bonds. We will pap all reasonable expenses incurred by the 'insured- at our request including actual loss of earnings up to 5300 a day. because of time off from n�odc SECTION III - PHYSICAL DAMAGE COVERAGE - Amendments AUDIO, VISUAL, AND DATA ELECTRONIC EQUIPMENT COVERAGE EXTENSION A.nv reference to egtupmeut for the reproduction of sound also includes video aad global positioning s+•stems_ EXPANDED TOWING COVERAGE In addition to the toeing and labor limit shown in tar Declarations for private passenger type -auras-- we mill pay up to 574 for [oaring and labor Costs incurred each tilue the covered -auto* is disabled. Hon'evcr. the labor must be performed at the place of disablement. This coverage applies oaly to an covered on this polim for other physical damage coverage. EXPANDED TRANSPORTATION EXPENSE Coverage Ertensious- TransImmation Erperues is deleted and repiaced by due follcm Lug: We will pat up to $60 per den to a nuounat u of $1.600 for tempomr transportation e%pense ioanrred be vou because of tare total tlheft of a covered -auto' of the private passeuger type. We will pay 0111' fo those coveed -atuos_ for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pal' far temporary transportation expenses incurred during the period beginning 16 hours after bmturlv. mmaiml 41SO Prnpcttia. Inc. aair6 in poroimino Page I of ?. *10023420* the theft and ending- regardless of the polices expiration. ashen the covered `auto' is renuned to use or we pay for its -loss.- EXTRA EXPFNSE — STOLEN AOTOS We mitt pay up to SLOW for the expense of returning a stolen covered "auto to you. We will pay onh- for those covered -autos for which cou carry Comprehensive or Specified Causes of Loss Coverage. HIRED CAR PHYSIC.L DAALdkGE COVERAGE For purposes of this section. die terra -auto- is redefined to mean a laud motor vehicle, -trailef or semitrailer widr a gross vehicle neigh under 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 ottued autos by this pohm yon ma}, e_xtend that coverage to apply to Physical Damage -loss' to bired 'autos:' We mill provide coverage equal to the uriniimtm coverage available to any covered -auto- shown in the DecLuatioms. But. the most fit mill pay for -loss" a hired -auto' in anv one -accident is the lesser of 1. $50,000: or 2. The actual ash value of the damaged or stdten propert}, as of the time of the -loss : - or 3. The actual cost of repairing or replacing the damaged or stolen property [vita other prnpem- of life kind or qutdinl. A part is of like kind and qualm n lien it is of equal or better moditiou than the pre- accident part. We mill use the ouginal equipment from the manufacturer when- a) The operational safety- of the vehicle might nthem use be impaired: b) Reasonable and diligent efforts to locate the appropriate rebuilt; aftemv -r"et or used pan hate been unsuccessful: c) A new original equipment pan 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 ',L 2003, the teh icie has been used no more titan 15.W0 miles unless The pre- accideat condition warrants othern'ise: or e) For vehicles insured under policies written on m after Jarman- L 2W1, the vchicle has been used no mom data 20.000 riles unless the pre- accident condi.tiou warrants otherwise. PPICO200 (12 -11) For each lured -auto .our obligation to pay -loss will be reduced by a deductible equal to the lugbest deductible applicable to anv onued -auto'- for that coverage. No deductible mill tie applied to "loss caused by fire or LIZIMI: g- We mill also pap tip to $500 per --accidear fur loss of use of the hired FIMIC if it results from an -accident` for which toes are Iegntly Gable. The lessor must suffer an actual financial -Loss- for this cot erage to apply. Mind Car Ph} -sical Damage Coverage provided by this extetrsiou is ex= over anv other collectible insimmce. LOANILEASE GAP COVERAGE For purposes of this section- fire 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 roadi but does not include -mobile equipment:' If a long -term leased or fmamced ;into° is a coveted -auto for die Physical Damage Coverage applicable to a total 'loss.' mid the lessor or financial institution is an additional instued tinder this Coverage Part. nc will pay up to a mavimtim of $15A00 the difference between amounts you orte due lessor or fimacial institution under the lease or loan terms and the ameum of insurance paid the lessor or financial institution for the total Floss- of the covered -,,for minus; am° payments overdue at the time of the loss: anv fmancW penalties imposed due to near and tear, bight mintage or similar charges auy securth, deposits not refunded by the lessor or Emijacial inanition: any costs for credit life, health and accident. or disability insurance: am- costs for e�'teoded warranties: or any carrvocer balances from precious leases or loans. You are responsible for the deductible applicable to fire -loss - for the covered - auto -. This coverage is emess insurance over any other collectible imatimice or lease provi ion PERSONAL. EFFECTS COVERAGE We will pav up to $100 for -loss' to wearing apparel and other personal effects. which are: 1. tfi'ned by an - insured:' and 2. lu or on tour covered "auto:' in die event of a total theft -loss of your covered -ato." No deductibles apply to Personal Effccts Coverage. RENTAL RERVMC SEbtENT COVT:R4GE i 1. We will pn for rental reimbursement expenses incurred by you for the rental of am "auto" because of Ioss to a cot er_d'auto.' Pat meat apples in addition to the o0rei rise appGcable amount of each coverage yon have on a cot ered- -auto. °'i No dednctibles apple to Renal Reimbursement Coverage. 1m iud� ,.Pm,,ht m t.IiM Pram env im ht � wnl: it Page 2 of 3 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code 5 70'_8.151 [Public Contract Code y 20101.51 1. the undersigned. certify that 1 am aware of the following provisions of California law and that 1. or the entity on wdhose behalf this certification is given, hofd 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: 111 The person is particularly exempted from this chapter. ('_) 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 § 20103.51 of the Public Contract Code. (bi 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 countyjail for not less than 10 days nor more than sir months. or both. In the event die person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "die 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. (d This section shall not apply to it joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submittine the bid shall he 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 sha!1 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, 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 contrwt 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. .Anv contract awarded to, or any purchase order issued to. a contractor who is not licensed pursuant to this chapter is void. (1) Any compliance or noncompliance with subdivision (e) of this section. as added by Chapter 363 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 of freer 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 tie board failed to respond to the inquiry within Page U -114 three business days. For purposes of this section. a [elcphone response by the board shall be deemed sufficient. Public Contract Code § 201035: 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 Convectors' 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 lawi 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 [he 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 Flo.: 7 7 S9 1 3 Class: R Expiration Datc: 3— 3 Date: 9-9 - a O Ic� Pa ec D- I 14 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS ]Labor Cade §§ 1720, 1773.8, 1775, 1776, 1777.5. 1813. 1860. 1861.37001 The undersigned Contractor certifies that it is aware of and herebv agrees to fully compiy 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 17201 of the California Labor Code relating to public works and the awarding public agency P'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 1773 and 177; concerning the payment of prevailing rates of wages to workers and the penalties for failure to pav prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars (b50) 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 (he contract by Contractor or by any subcontractor 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require COmraC(Or and each subcontractor to f 1) keep accurate payroll records. (2) certify and make such Payroll records available for inspection as provided by Section 1776, and (1) 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 cumply 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 fur 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 Commetor shall. as a penalty to the Agency, forfeit twenty -five dollars (5251 for each worker employed in the execution of the contract by the Cnntracmr 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. Pan 7. Chapter I. Article 3 of the California Lahor Code, 7, California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its emplovees. 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 w 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 offtthis contract.- Date Signature v Page D -114 INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECT OR WORK: 7111 Street Alley Waterline and Sewer Replacement Project, CIP# WT1607 Indemnitor(s) (list all names): C:{cl oc Sect 13exc.�- To the fullest extent permitted by law. Indemnitor hereby agrees. at its sole cost and expense, to defend. protect. indemnify. and hold hamtless the City of Scal Beach and its elected officials, officers, anomeys. agents. employees, volunteers, successors. and assigns (collectively "Indemniteess") from and against any and all damages, costs, expenses, liabilities, claims. demands- causes of action. proceedings. expenses. judgments, penalties, liens, and lasses of any nature whatsoever, including fees of accountants, attorneys. or other professionals and all costs associated therewith (collectively "Liabilities "). arisinu 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 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 acnve or passive negligence by Indemnitees and shall operate to fully indemnity 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 Indemouce'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 shaft be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code i 2782(al or Ibi the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code ; 2782(hj. This indemnity is effective without reference to the existence or applicability of any insurance covcrace which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor. an 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 acli ve 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 obligatious. liabilities. covenants and conditions under this instrument shall be joint and several. "Indemnitor" .Name Rv: It Page D- I 15 Name:� //'�r< G �4 Yn, By: Its