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HomeMy WebLinkAboutAGMT - Mission Paving and Sealing Inc (2016-2017 & 2017-2018 Annual Slurry Seal Program) RECORDING REQUESTED BY Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder AND WHEN RECORDED MAIL TO II III II I IIII II II I III IIII IIII IIII I IIII 0111 NO FEE * $ R 0 0 1 0 8 0 7 6 1 4 $ * CITY OF SEAL BEACH 2019000146354 2:32 pm 05102/19 Attn: City Clerk 47 422 N12 1 211 - 8th Street 0.00 0.00 0.0o 0.00 0.00 0.00 0.000.000.00 0.00 Seal Beach, CA 90740 Space of above this line for Recorder's use. *** No Recording Fee Pursuant to Government Code Section 6103, 27383**** ,(/ Cv NOTICE OF COMPLETION Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 —8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on November 28, 2018. The work was Annual Slurry Seal CIP No. ST1701/ST1801 6. The name of the contractor(s), if any, for such improvement was: Mission Paving and Sealina.Inc. The date of the Contract Award was July 23,2018. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: College Park West; Hill; and Cove/iDistricts, City of Seal Beach. Date: 7/.`374 427 Director of Public Works, ity •'-.eal Beach Signature of owner or corporate officer of owner named in paragraph 2 br agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty .f perjury the foregoing is true and correct. Executed on CI w , 2019, at Seal Beach, California. (Da - of Sig at e) Di ctor f Pu lic Works, City o eal Beach PUBLIC WORKS AGREEMENT FY 2017 & FY 2018 ANNUAL SLURRY SEAL PROGRAM PROJECT NO. ST1701 & ST1801 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 2 Mission Paving and Sealing, Inc. 12747 Schabarum Avenue Irwindale, CA 91706 (626) 452 -8200 (626) 452 -9200 - FAX THIS AGREEMENT is made as of July 23, 2018, by and between the City of Seal Beach, a California charter city ( "City "), and Mission Paving and Sealing, Inc., a California Corporation and General Contractor ( "Contractor "). 1of12 RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the FY 2017 & FY 2018 Annual Slurry Seal Program Project No. ST1701 & ST1801 ( "Project ") with respect to design criteria; B. WHEREAS, Contractor has submitted a bid to City for the Project dated July 5, 2018 in the amount of $226,500 ( "Accepted Proposal" hereinafter). The Accepted Proposal is attached hereto as Exhibit G and contains, among other things, provisions defining the Project scope; and C. WHEREAS, Contractor's California State Contractor's license number is 624257; Class A; and Contractor's DIR registration number is 1000002697. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: AGREEMENT 1. Contractor's Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Agreement, Contractor shall perform and complete in good and workmanlike manner all work ( "Work ") required by this Agreement and the documents listed in Subsection 1.2 for the Project. 1.2 Contract Documents. The "Contract Documents" that comprise the agreement between the City and the Contractor are the: Notice Inviting Bids, Instructions to Bidders, Accepted Proposal, Non - Collusion Declaration, 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 2of12 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. 1.4 In the event of any material discrepancy between the express provisions of this Agreement and the provisions of the other Contract Documents, the provisions of this Agreement shall prevail. 2. Effective Date. This Agreement is effective as of July 5, 2018 (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 $226,500, subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, 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 Manager 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. 3of12 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 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. 4of12 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 the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. 5.6 Survival. The provisions of this Section 5 shall survive the termination of the Agreement and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 6. Insurance. 6.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subcontractors. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D -1: Additional Insured Endorsement - Commercial General Liability. Automobile Liability. 6.1.2 Exhibit D -2: Additional Insured Endorsement - 6.1.3 Exhibit D -3: Additional Insured Endorsement. 5of12 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11185) covering Additional Insured — Owners, Lessees or Contactors (Form B). 6.2.4 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.2.5 Professional Liability insurance. Unless the City waives in the requirement for professional liability insurance, Contractor shall provide to City the standard form issued by the carrier. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 6.3.3 Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. 6.4 Deductibles and Self- Insured Retentions. Contractor shall inform City of any deductibles or self- insured retentions except with respect to any professional liability insurance. 6.5 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.5.1 City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed 6of12 operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. 6.5.2 For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self - insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it. 6.5.3 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5.4 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. 6.5.5 Each insurance policy, except for any professional liability policy, required by this Section 6 shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. 6.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's Risk Manager. 6.7 Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 7. Liquidated Damages. Should the Contractor fail to complete the project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and 7of12 damage incurred by reason of failure to complete the Contract is the per diem rate of $1,200.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Agreement. 9. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's 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: Mission Paving and Slurry, Inc. 12747 Schabarum Avenue Irwindale, California 91706 Telephone: (626) 452 -8200 Fax: (626) 452 -9200 Attn: Mike Miller 8of12 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. Claim Dispute Resolution. 11.1 In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be characterized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. 11.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein. 12. 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. 13. 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. 14. 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 9of12 shall be entitled to recover its costs of suit, including all attorneys' fees incurred in connection therewith. 15. 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. 16, 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. 17. Severability. The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. (Intentionally Left Blank) 10 of 12 [ S l M' L i] �y :\ W: 3 :F_T Q Sol LIM Attest: 0 Mayor Robin Roberts, City Clerk Approved as to Form: By: Craig A. Steele, City Attorney CONTRACTOR: Mission Paving and Sealing, Inc., a California corporation '- Ax-, ' .22 By: 4z Name: jt4j K-C i�1 f t c,�c7L Title: v, cc By; Nam : �;V G e% Title: p 11 of 12 CITY OF SEAL BEACH v Steele, City Attorney CONTRACTOR: Mission Paving and Sealing, Inc., a California corporation By: ' . Name: �tl �y iM is -c�YL Title: Vfe,,5: 11 of 12 (Intentionally Left Blank) 12 of 12 OP ID: DK A4 C >R"' CERTIFICATE OF LIABILITY INSURANCE DATE (MMIOD YYVY) 08/31/ 018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MERIDIAN INSURANCE SERV. INC. 4622 PLUMOSA DRIVE YORBA LINDA, CA 92886 Jared French CONTACT NAME: PHONE FAX a o Eat lac No): ADDRESS: _ CROOUMER D KMISSPAI INSURER(S) AFFORDING COVERAGE NAIC P INSURED Mission Paving 8. Sealing, Inc. 12747 Schabarum Ave. INSURER A: California Insurance Company 38865 INSURER e: Liberty Mutual Insurance Co. 23043 INSURERC: Liberty Mutual Insurance Co. 23043 Irwindale, CA 91706 -6807 ER D INSUR: Y SKIN 56590902 NSURER E 06130/2019 MED EXP I" and W—) INSURER F : CLAIMS E ❑X OCCUR -- RFVIRIrTN NI IMEIER! COVERAGES j vr„r­n,rr... 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. ... LTR R ttPE OF INSURANCE ADDL City of Seal Beach POLICY NUMBER MMl�DIYYFYFY MMIOWYYYYY UNITS AUTHORIZED REPR ENT E GENERAL LIABILITY Jared French EACH OCCURRENCE $ 2,000,00 PREMISES Me occurnnm $ 100,00 B X COMMERCIAL GENERAL LIABILITY Y Y SKIN 56590902 06130/2018 06130/2019 MED EXP I" and W—) S 15,68 CLAIMS E ❑X OCCUR PERSONAL S ADV INJURY $ 2,000,00 X CONTRACTORS POLLUTION 06/30/2018 06130/2019 X GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGO $ 2,000,00 $ POLICY X PRO LOC B AUTOMOBILE X UABILRY ANY AUTO Y Y SAO 56590902 06/30/2018 0613012019 COMBINED SINGLE LIMB (Ea accident) S 2,000,68 BODILY INJURY (Per person) $ X ALL OWNED AUTOS BODILY INJURY (Per account) S SCHEDULED AUTOS HIRED AUTOS COLLJCOMP $500. DED PROPERTY DAMAGE (PER ACCIDENT) $ X $ X NON- OWNEDAUTOS $ X $500 Pol. DED X UMBRELLA UAe X OCCU0. EACH OCCURRENCE $ 5,000,00 AGGREGATE $ 5,000,00 C EXCESS UAB CLAIM$ -MADE Y Y ESA 56590902 " 06130!2018 06130/2019 DEDUCTIBLE GL 8 Auto s Auto Liab $ RETENTION $ WORKERS COMPENSATION X WCSTATU- OTH- A AND EMPLOYERS LIABILITY ANY PROPRIETOWARTNEPo ECLITNE YIN OFFICERIMEMBER EXCLUDED? a (Mandatory In NH) NIA Y 82. 721924.01.01 At10 01/01/2016 01/0112019 E.L. EACH ACCIDENT $ 1,000,00 E. L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE - POLICY LIMIT $ 1,000,0 I(Yes, Oespiee urger DESCRIPTION OF OPERATIONS Dalo B Rental Equipment BKW 56590902 0613012018 0613012019 Rental Eq 500,00 DESCRIPTION OF OPERATIONS! LOCATIONS VEHICLES (Aesch ACORD 101, Additional Remarks Schedule, If more space Is raAulned) '10 Day Notic of Cancellation for Non -Pa ment or Non - Reporting of Premium Projec No. SeT1901 FY2018 & FY2019 & Ayl Operations. The City 0 i Seal Beach, Its elected officials, officers, attorneys, agents, emploVDes and volunteers are named as additional insureds under all policies in relation to these projects. 30 Da Notice of Cancellation A lies. CERTIFICATE HOLDER CANCELLATION SEALBEA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Patricia Kharazmi 211 8th Street AUTHORIZED REPR ENT E Seal Beach, CA 90740 Jared French © 988/2009 ACORD CORPORATION. All rights reserved. ke ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Mission Paving and Sealing, Inc., 12147 Schabarum Ave., Irwindale, CA 91706 Name.and address of named Insured ( "Named Insured'): Liberty Mutual Insurance Company, 525 "B" Strect, San Diego, CA 92101 Name and address of Insurance Company n (" Cornpany'): OFFICIAL TITLE OF PROJECT: 2018 -2019 ANNUAL SLURRY SEAL PROGRAM CIP NO. ST1901 Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy') or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach, its, elected officials, officers, attorneys, agents, employees, and volunteers are additional 'insureds, (the above named additional insureds are hereafter referred to as the "Additional Insureds ") under the Policy in relation to those activities described generally above with regard to operations performed: by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured, against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy againstanother insured under the policy. All such claims shall covered as third -party claims, i.e., . in the same manner as if separate policies had been issued to, each insured. Nothing contained . in this provision shall operate to. increase or replicate the Company's limits of liability as provided under the policy. S. The insurance afforded by the Policy for contractual liability insurance (subject to the terns, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between.the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non - renewal except after written notice to Public Agency; by certified mail, return receipt requested,. not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure - to comply with this - notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless, of any prior, . concurrent, or subsequent active or pasalve negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govem the validity, constriction, interpretation, and enforcement of this contract of insurance. 46 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Engineer City of Seal Beach 211 Blh Street, 2" Floor Seal Beach CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be. held to waive; .alter or extend any of the limits,, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF'COVERAGES TO'WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENTATTACHES FROMITO LIABILITY General Liability Policy 06130/18 to 06/30/2019 $2,000,000. $5,000,000. Umbrella 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages, Includes: b, Contractual: Liability t Owners/Landlords/Tenants ;z Manufacturers/Contractors i, Products/Completed Operations x Broad Form Property Damage ix Extended Bodily Injury i x Broad Form Comprehensive Ix General Liability Endorsement 12, A C: deductible or I' applies to all coverage(: None (if none, so (check one). p, Explosion Hazard x Collapse, Hazard Underground Property Damage �x Pollution Liability C" Liquor Liability (check one)' of S. None 13. This is an Ix occurrence or L . claims made policy (check one). per claim or I per 14. This endorsement is effective on 08-30 -2018 at 12:01 A.M. and forms apart of Policy Number BKw 5659 Jared French (print name); under penalty of;pbriury under the'laws,of the State of Cafifomia, that I have the i the Company to this endorsement and that by thy execution hereof, I do so bind August 30th IS Executed _�_ _____ '20 Signat re df uthofted Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: (114 ) 693 -9100 47 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Mission Paving and Sealing, Inc., 12747 Schabarum Ave., Irwindale, CA 91706 Name and address of named insured ('Named Insured'): Liberty Mutual Insurance Company, 525 "B" Street, San Diego. CA 92101 Name and address of insurance Company ("Company'): OFFICIAL TITLE OF PROJECT: 2018 =2019 ANNUAL SLURRY SEAL PROGRAM CIP NO. ST1901 Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy ") or in any endorsement now or hereafter attached thereto, it is agreed as follows: The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, . and volunteers are additional insureds (the above named additional insureds are hereafter referred: to as the 'Additional Insureds') under the Policy in relation to 'those activities described generally .above with regard to operations performed byorlan_ behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 1. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance; and no other insurance maintained by the.Additional Insureds shalt be called upon to contribute with.the insurance coverages provided by the Policy. 2. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits -of the Company's liability. 3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against,another insured under the policy. All such claims shall covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate. the Company's limits of liability as provided under the policy. 4. They insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions .applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and /or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds: 5. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non - renewal except after written notice to Public. Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the-event of Company's failure to comply with this noticeprovision, the policy as initially drafted will continue in full force,and effect until compliance.with this notice requirement. 6. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, While acting within the scope of their duties, from all claims, losses and liabilities +arising out of or incident to the penis insured against.in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. It. Is hereby agreed that the .laws of the State of California shall apply to and govem the validity, construction, interpretation, and enforcement of this contract of insurance. This endorsement and all notices given•hereundershall be sent to Public Agency at: City Engineer City of Seal Beach 211 8th Street, 2n° Floor Seat Beach CA 90740 49 7. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT' ATTACHES Commercial Auto POLICY PERIOD LIMITS OF FROM/ TO LIABILITY 06 -30 -18 to 06 -30 -19 $2,000,000. Scheduled items or locations are,to be identified on an attached sheet. The following, Inclusions relate to the above coverages. Includes: ll Any;Automobiles ix All,Owned- Automobiles Ix Non- owned Automobiles tz Hired Automobiles t. Scheduled Automobiles Ix Garage Coverage tx Truckers Coverage i,- Motor Carrier Act 1. Bus.. Regulatory:Reform Act Public Livery Coverage 11. A L deductible; or t self- insured retention (check one) of $ -- N" "e _ applies to all coverage(s) except: None (if none, so state). The deductible is applicable t per claim or C' per occurrence (check one). 12. This is an 'x occurrence or C claims made policy (check one).. 13. This endorsement is effective on 087302018 at 12:01 A.M. and fortes a part of Policy Number . - RAO56590902- t. Jared French (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company .to this "endoraementand:that by my execuhon'herecf, t do so bind the Company. Executed August 30th, Signature of Authorized Representative 18 (Original signature only; no faciiile signature or initialed signature accepted) 693 -9100 Phone No.: ( 714 ) WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the CITY OF SEAL BEACH has required certain insurance to be provided by Meridian Insurance Services, Inc., 4622 Plumosa Drive, Yorba Linda, CA 92886 NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy, or policies described below, to the following named insureds and that the same are in force atthis time. 1. This certificate is issued to: CITY OF SEAL BEACH, City Hall,. 211 EIGHTH STREET, SEAL BEACH, CA 90740-6379. 2. The insureds under such policy or policies are: Mission Paving and Sealing, Inc. 3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds,:as follows: POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 82- 721924.01.01 01101/2018 01/0112019 4. Said policy or policies shall not be canceled, voided or reduced in coverage or limits of liability, unless e999"til thirty days' advance writtemnotice thereof has been served upon the City Clerk of he GIT}f 0 AL9 Its A hors ad Representative 44 CALIFORNIA INSURANCE COMPANY, INC. WAIVER OF SUBROGATION — DESIGNATED PERSON OR ORGANIZATION Policy No: 82- 721924.01.01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following EMPLOYERS LIABILITY / WORKERS COMPENSATION COVERAGE PART WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your ongoing (as opposed to completed) operations, or premises with regards to employee injuries or industrial accidents. This endorsement is also a waiver of subrogation on the part of the company against the named person or organization. (If no entry appears below, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. SCHEDULE Name of Person or Organization: Blanket as Required per Written Contract Re: All Operations (ST 1901 FY 2018 & FY2019) CIC CG 931 (09 -11) EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS G -1 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.151 [Public Contract Code § 20103.51 I, the undersigned, certify that I am aware of the following provisions of California law and that 1, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as ajoint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non - responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within G -2 three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre - qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License No.: 624257 Class: C -8, C12, A Expiration Date: 08/31/19 Date: 07/12/18 G -3 EXHIBIT F LABOR LAW REQUIREMENTS G -1 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 37001 The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ( "Agency ") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undert e self - insurance in accordance with the provisions of that code, and I will comply with ; iaeh -provision fore commencing the performance of the work of this contract." Date 7/12/18 Signature Doug G -2 EXHIBIT G INDI iI: [oIU .ICI\ 7i " G -1 INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECTOR WORK: FY 2017 & FY 2018 Annual Slurry Seal Program Project No. STI701 & ST1801 Indemnitor(s) (list all names): Mission Pavine and Sealine. Inc. To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees ") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities "), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above - referenced contract, agreement, license, or permit (the "Agreement ") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor" Nam De ou Swee , President By. / IS A Name: Andrew T. Andrews, Secretary M Its Bond No. 5252968 Bond Premium Included with Performance Bond PAYMENT BOND (LABOR AND MATERIALS) 7 r' KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded to Mission Paving & Sealing, Inc. 12747 Schabarum Ave. Irwindale, CA 91706 (Name and address of Contractor) ( "Principal'), a contract (the "Contract') for the work described as follows: FY 2017 & FY 2018 Annual Slurry Seal Proeram Project No ST1701 & ST1801 WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW, THEREFORE, we, the undersigned Principal, and _ 3131 Camino Del Rio (Name and ( "Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Two Hundred Twenty Six Thousand Five Hundred & no /100 Dollars ($ 226,500.0) this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. Page D -49 IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: July 12, 2018 "Principal" "Surety" Mission Paving & Sealing, Inc. SureTec Insurance Company 3131 Camino Del Rio No., Ste. 1450 12747 Schabarum Ave., Irwindale, CA 91706 San L2jP,2Q. CA 92102 By: By: I g een y, P s ent Its av oddle, Attorney iu Fact By. By: — Its Andrew T. An yews, Secretary 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 -50 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On 08/27/18 before me, A VILLA, NOTARY PUBLIC Dale Mere Insert Name and Tip, of the 011icer personally appeared DOUG SWEENEY AND ANDREW T. ANDREWS A. VILLA iii Notary Public - California Los Angeles County Commission # 2248025 My Comm. Expires Jul 24, 2022 Place Notary seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument and acknowled d to me that �s //they executed the same in iTQs Izrr /their authorized capacl lies), and that by /their signatures) on th instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h nd and official seal. Signature: Sgnatur ! lotary a tic OPTIONAL Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here O Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Association • Natia,alh101arv.oro • 1 800 -US NOTARY I Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): _ ❑ Individual ❑ Partner — ❑ Limited O General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT,THUMBPRINT, OF SIGNER' LN Item x590] 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, or validity of that docu State of California County of Los Angeles On JUL 12 2018 before me, A. Bisordi , Notary Public personally appeared David Noddle who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. A, 1111 RDI NOTARY PUBLiC - CALIFORNIA zQ LOS ANGELES COUNTY COMMISSION t 2111128 MY COMM. EXPIRES MAY 11, 2019 I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary - 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) ❑ MEMBER of LLC ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR OTHER: Title or Type of Document Number of Pages Date of Document SIGNER IS REPRESENTING: Signers) other than named above NAME OF PERSON(S) OR ENTITY(IES) eon n: 510010 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know AM Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint David Noddle its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to my power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20' of April, /999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 12th day of June , A.D. 2018 . SURETEC CE PANY `�SURANCFC w f X y 3 By: w w 'at John Kr Jr., C O Stately of Ha ss: County of Harr ris s On this 12th day of June , A.D. 2018 before me personally came John Knox Jr., to me known, who, being by me duly swom, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his time thereto by like order. •`'! "'. XENIA CHA:VEZ Notary Public, state of Texes Cornet. Expires 09 -10 -2020 - 'J��,��„o•� No13ry iD 129117 659 Xe5&40Tqvez, Notary Public I,_ commission expires September 1 , 2020 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. JUL 12 2018 Given under my hand and the seal of said Company at Houston, Texas this day of , A.D. . Br t eaty, Assi tent Secreta Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 8i 2 -0808 an; 'businoss day between 8:30 am and 5:00 pm CST. Bond No. -- 5252968 < - Bond Premium .$1,851.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that WHEREAS the City of Seal rwindale; CA 91706 (Name and address of Contractor) - ( "Principal "), a contract (the "Contract") for the work described as follows: WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. -NOW, THEREFORE, we, the undersigned Principal, and SureTec Insurance Company (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Two Hundred Twenty- Six Thoti� anted Five Hundred & no /1 0 -- - -- Dollars ($ "K 00 00 ), this amount being not less than the total contract price;: in lawful money of the United States of America, for the payment of which sum well and truly, to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,firmly by these presents. _ THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her of its heirs, executors, administrators, successors or assigns, shalt in all things stand to and abide by, and well and truly keep and.perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein, provided, on the Principal's part to.be kept and performed, all within the time and in the. manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein oroyided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. .Incase suit is brought upon this bond; Surety further agrees to pay all court costs and reasonable attorneys' - fees in an'arnount fixed by the court.. alteration, addition or modification to the terms or me uonva or the specifications for thesame, shall :in any way affect its waive notice of any such change, extension of time, alteratic 'Contract or to the work or to the _specifications there unc Califomia.Civil.Code § §.2845 and 2849. The City is the rights of a party_ hereto. IN...W ITNESS- W HEREOF, two (2) of which -shall for all purposes be deemed an original here Surety, on the date set forth below, the name of each a presents duly.signed by its undersigned representative(s) par Dated: July 12, 2018 M. rees that no change, extension of time, . the work to be,performed there under, ins -under this bond, _and it does hereby - ioil or modification to the terms of the rely hereby waives the provisions of - d beneficiary of this bond and has all I counterparts of this instrument, each been duly executed by Principal. and - party being hereto affixed and these authority of its governing body. "Principal" Mission Paving and Sealing. Inc. "Surety" SiireTer. Inswance C'ompany- By- Its jZe�Attornelyin Fact M Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, ar,d evidence of the authority of any person signing as attorney -in -fact must:be; attached. A -3 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On 08/27/18 before me, A VILLA NOTARY PUBLIC Data Here Insert Name and Tiue d the Officer personally appeared DOUG SWEENEY AND ANDREW T. ANDREWS who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)\s/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in )hedtheir autliorized capacityjies), and that by /their signature(s) on th instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the a. vaLA laws of the State of California that the foregoing Notary Public - California Los paragraph paragraph is true and correct. Commission N 2248025 f My Comm. Lxplres Jul «, mtc IF WITNESS my hand and official seal. Signature Gl/ Place Nomq seal Above I Slgnatt d Nolaq Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signers) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — ❑ Limited ❑ General Top o1 thumb here • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: NatiendiNOtary.om • 1 600i NOTARY 11 -600. 61669271 �II llem x590] 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, or validity of that document. State of California County of Los Angeles On JUL 12 2018 before personally appeared Notary Public who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. A. BISORDI NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY COMMISSION i 2111128 MY COMM. EXPIRES MAY 11, 2019 of I certify under PENALTY OF PERJURY under the laws of the state of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. I Sign of Notary 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) ❑ MEMBER of LLC ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR OTHER: Title or Type of Document Number of Pages Date of Document SIGNER IS REPRESENTING: Signer(s) other than named above NAME OF PERSON(S) OR ENTITY(IES) POA a: 510010 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint David Noddle its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 206 of April, 1999.) in Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 12th day of dune , A.D. 2018 . SURETEC CE PANY \�SVRAAtCF,!? BY: w w 'ni John Kr Jr., C State of Texas ss: 7•'., `' ` <pt County of Harris 1•• f On this 12th day of June , A.D. 2018 before me personally came John Knox Jr., to me known, who, being by me duly swom, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his time thereto by like order. XENIA CHAVEZ Notary Public, Slate of Texas Comm. Ex,, s 09 -10 -2020 ... u• Notary iD 179117859 Xe • tavez, Notary Public Iii' commission expires September] 2020 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. 'JUL 12 208 Given under my hand and the seal of said Company at Houston, Texas this D day of 4 A, A , A.D. BrebtMeaty, Assilitant Secrete Any instrument issued in excess of the penalty stated above is toUlty void and withoufany validity. For verification of the authority of this power you may call (713) 812,0800 anv business day between 8:30 am and 5:00 pm CST.