HomeMy WebLinkAboutAGMT - Mission Paving and Sealing Inc (2018-2019 Annual Slurry Seal Program)RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
211 - 8th Street
Seal Beach, CA 90740
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
X111 11 11 111111111111111111111111111111 11�1 II II NO FEE
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2019000146353 2:32 pm 05102/19
47 422 N12 1
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Space of above this line for Recorder's use.
No Recording Fee Pursuant to Government Code Section 6103, 27383
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. ST1901
6. The name of the contractor(s), if any, for such improvement was: Mission Paving and
Sealing,lnc. The date of the Contract Award was Auoust 13, 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: Ocean Ave. Old Town
District. City of Seal Beach.
Date:
Dire or dltblic Wor s, tity of Seal Beach
Signature of owner or corporate officer of owner
named in paragraph 2 or agent.
VERIFICATION
I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of
completion; have read said notice of completion and know the contents thereof; the same is true
of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on , 2019, at Seal Beach, California.
(Date of Sign ture)
Dirie6tef"of Public Works, City of Seal Beach
RECEIVED
MAY 2 0 2019
CITY CLERK
CITY OF SEAL BEACH
PUBLIC WORKS AGREEMENT
2018-2019 ANNUAL SLURRY SEAL
' OT '71
PROJECT CIP NO. ST1901
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
1*3
Mission Paving and Sealing, Inc.
12747 Schabarum Avenue
Irwindale, CA 91706
(626) 452-8200
(626) 452-9200 - FAX
THIS AGREEMENT is made as of August 13, 2018, by and between the City of
Seal Beach, a California charter city ("City"), and Mission Paving and Sealing,
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RECITALS
A. WHEREAS, the City Council has approved the plans and
specifications for the 2018-2019 Annual Slurry Seal Program Project CIP No.
ST1901 ("Project") with respect to design criteria;
B. WHEREAS, Contractor has submitted a bid to City for the Project
dated July 26, 2018 in the amount of $216,941 ("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
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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 August 13, 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 $216,941, 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.
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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 Dutv. 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.
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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.
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6.2 Minimum Scope of Insurance. Unless otherwise approved
by City, coverage shall be at least as broad as:
6.2.1 Insurance Services Office Commercial General
Liability coverage (occurrence form CG 0001).
6.2.2 Insurance Services Office form number CA 0001
(Ed. 1/87) covering Automobile Liability, code 1 (any auto).
6.2.3 Insurance Services Office form number CG 20 10
11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors
(Form B).
6.2.4 Workers' Compensation insurance as required by
the State of California and Employer's Liability Insurance.
6.2.5 Professional Liability insurance. Unless the City
waives in the requirement for professional liability insurance, Contractor shall
provide to City the standard form issued by the carrier.
6.3 Minimum Limits of Insurance. Contractor shall maintain
limits no less than:
6.3.1 General Liability: $2,000,000 per occurrence and
in the aggregate for bodily injury, personal injury and property damage.
Commercial General Liability Insurance or other form with a general aggregate
limit shall apply separately to this Agreement or the general limit shall be twice
the required occurrence limit.
6.3.2 Automobile Liability: $2,000,000 per occurrence
for bodily injury and property damage.
6.3.3 Employer's Liability: $1,000,000 per occurrence
and in the aggregate for bodily injury or disease and Workers' Compensation
Insurance in the amount required by law.
6.4 Deductibles and Self -Insured Retentions. Contractor shall
inform City of any deductibles or self-insured retentions except with respect to
any professional liability insurance.
6.5 Other Insurance Provisions. The general liability and
automobile liability policies are to contain, or be endorsed to contain, the
following provisions:
6.5.1 City, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in the role of City
officials, are to be covered as additional insureds as respects: liability arising out
of activities performed by or on behalf of Contractor; products and completed
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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
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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
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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
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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
CITY OF SEAL BEACH
Vul M'" -1 1O
CONTRACTOR: Mission Paving and
Sealing,
Inc.,//ja,California corporation
By: (/ (/4 "
Name: Mrd A,fi",em-
Title: VtCE-
11 of 12
(Intentionally Left Blank)
12 of 12
OP ID: DK
�``coRo CERTIFICATE OF LIABILITY INSURANCE
DATB1311 018
08/3112018
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 INSURERIS), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsements).
PRODUCER
MERIDIAN INSURANCE SERV. INC.
4622 PLUMOSA DRIVE
YORBA LINDA, CA 92886
Jared French
CONTAC
NAME:
PHONE EMI;AIC Nal,
E-MAIL
ADDRESS:
PRODUCER MISSPAI
CUSTOMER ID A: _.
INSUREINS) AFFORDING COVERAGE NAIC a
INSURED Mission Paving & Sealing, Inc.
12747 Schabarum Ave.
Irwindale, CA 91706-6807
INSURER A: California Insurance Company 38865
INSURER B: Liberty Mutual Insurance Co. 23043
INSURER C: Liberty Mutual Insurance Co. 23043
INSURER D
INSURER El
F:
-eTmrr ATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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SHOULD ANY Of THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE
POLICY NUMBER
MMIDD FF
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UNITS
GENERAL LIABILITY
AUTHORIZED REPREirENT)tKIVE
Seal Beach, CA 90740
Jared French
EACH OCCURRENCE $ 2,000,00
pftEMISES Eeomxrence $ 1DQ.DD
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BKW 56590902
CONTRACTORS POLLUTION
06/30/2018
06/30/2018
0613012019
0613012019
MED EXP(A,,Y one person) $ 15,0D
PERSONAL It ADV INJURY S 2,000,000
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GENERAL AGGREGATE $ 2,000,00
GENT AGGREGATE
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0613012018
06130/2019
COMBINED SINGLE LIMIT $ 2,000,00
(Ea =dent)
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BODILY INJURY (Pal pon) $
X
ALL OWNED AUTOS
BODILY INJURY (Per awdent) S
X
SCHEDULED AUTOS
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PROPERTY DAMAGE
(PER ACCIDENT) $
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DESCRIPTION OF OPERATIONS belt«
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DESCRIPTION OF OPERATIONS I LOCATIONSI VEHICLES (Adach ACORD 101, AddBional Remarks schedule, If more space is rpuired)
'10 Da Noti44 f Cancellation for Non -Pa rt�.ent or Non -Reporting of Premium
Projec No. ) 901 FY2018 & FY2019 & Ayl Operations.
The City off Seal Beach, its elected officials, officers, attorneys, agents,
employees and volunteers are named as a%, lions'insureds under all policies
In relation to these projects. 30 Da Notice of Cancellation Applies
CERTIFICATE HOLDER CANCELLATION
(6 98812009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
SEALBEA
SHOULD ANY Of THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Seal Beach
ACCORDANCE WITH THE POLICY PROVISIONS.
Attn: Patricia Kharazmi
211 8th Street
AUTHORIZED REPREirENT)tKIVE
Seal Beach, CA 90740
Jared French
(6 98812009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL
LIABILITY
Mission Paving and Sealing, Inc., 12747 Schobarum Ave., Irwindale, CA 91706
Nameand 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:
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 ofthe Named
Insured. The Additional Insureds have no liability for the payment of any premiums or
assessments underthe 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 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.
5. The 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 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 abovewith 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.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, constriction, interpretation, and enforcement of this contract of insurance.
46
9. Thisendorsement and all notices given hereunder shall be sent to Public Agency at:
City Engineer
City of Seal Beach
211 8th Street, 2'e Floor
Seal Beach CA 90740
10. Except as stated above and not in conflictwith 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.
TYPEOF'COVERAGES70 WHICH
POLICY PERIOD
LIMITS OF
THIS ENDORSEMENT ATTACHES
FROM/TO
LIABILITY
General Liability Policy
06/30/18 to 06/30/2019
82,000.000. $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:
ix ContractualLlability
I Owners/Landlords/renants
ik ManufacturerslContractors
Is Products/Completed.Operations
it Broad Form Property Damage
!x Extended Bodily Injury
i x Broad Form Comprehensive
1, General Liability Endorsement
P Explosion Hazard
s Collapse Hazard
Underground Property Damage
rx Pollution Liability
I, " Liquor Liability
12. A E: deductible or I self,insured retention (check one) of $ None
applies to all coverage(s): except: WA
None if none, so state). The deductible is applicable i'. per claim or i per occurrence
(check' one).
13. This is an Ix occurrence or L. claims made policy (check one).
14. This endorsement is effective on 08-30-2018 at 1101 A.M. and forms
apart of Policy Number BKN' 5659
Jared French
I, (print name);
hereby declare under penalty otperjury under the laws, of the State of California, that I have the
authority to bind the Company to this endorsement and that'by my execution hereof, I.do so bind
the Company.
Executed August 30th _ __. 20 18
Signat re of uthorized=Representative
(Original signature only; no facsimile signature or initialed
signature accepted)
693-9100
Phone No.: (714 )
47
ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY
Mission Paving and Sealing, Inc., 12747 Schobarum 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 electedofficials, officers, attorneys, agents, -employees, and volunteersare
additional. insureds (the above named additional insureds are hereafterreferred to as the 'Additional
Insureds") under the Policy in relation to,those activities described generally .above with regard to
operations performed by or an' 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 -shall be called upon to
contributemith the insurance coverages provided :bythe 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. The 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) orpermit(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 -asthe result of the payment of claims), or non-renewalexcept
after written notice to Public .Agency, by certified mail, return receipt. requested, not less than thirty
(30) days prior to the effective date thereto. tn.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.
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=ansing 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 passive negligence by the Additional Insureds.
It is hereby agreed that the laws of the State of California shall apply to and govern the validity,
construction, interpretation, and enforcement of this contract of insurance.
This endorsement.and all notices given -hereunder shall be sent to Public. Agency at:
City Engineer
City of Seal Beach
211 8th Street, 2n' Floor
Seal 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 identifiedonan attached sheet. The following: inclusions
relate to the:abovecoverages. Includes:
il AnyAutomobiles
Fx All,Owned Automobiles
is Non -owned Automobiles
tz Hired Automobiles
Ls Scheduled Automobiles
I x Garage Coverage
:.z. Truckers Coverage
Motor CerrierAct
Bus RegulatoryReform Act
Public Livery Coverage
11. A C deductible or C self-insured retention (check one) of $ None applies,lo all
coverage(s) except None
(if none, so state). The deductible is applicable C per claim or Cl per oceurrenee (check one).
12. This is an fx occurrence or C claims made policy (check one).
13. This endorsement is effective on 08/30/2018 at. 12:01 A.M. and forms a part of Policy
Number - BAO. 56590902
1 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 endorsement and that
by my execution 'hereof, I dodo bind the Company.
Executed August 30th,
Signature of Authorized Representative
(Original signature only; no
accepted)
Phone No.: (714 )
693-9100
20 18
signature or initialed signature
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 at time.
1. This certificate is issued to: CITY OF SEAL BEACH, City Hall; 215 EIGHTH STREET, SEAL
BEACH, CA 90740-6379.
Z 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 insurads,'as follows:
POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE
82-721924.01.01 01101/2018 01/01/2019
4. Said policy or policies shall not be canceled, voided or reduced in coverage or limits of
liability, unless arid -o9 it thirty days' advance wntten:notice thereof has been served upon the City
Clerk of he GITjf O, AL BEACH.
sy; �
Its A on ed • 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 11) 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 (ST1901 FY 2018 & FY2019)
CIC CG 931 (09-11)
EXHIBIT E
ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING
CONTRACTOR LICENSING LAWS
52
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 I, 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 a joint venture, each person submitting the bid shall be subject to
this section with respect to his or her individual licensure.
(d) This section shall not affect the right or ability of a licensed architect, land surveyor, or
registered professional engineer to form joint ventures with licensed contractors to render services within
the scope of their respective practices.
(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a
contractor who is not licensed in accordance with this chapter shall be considered non-responsive and
shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public
agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was
properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law,
unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or
employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor
who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such
citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any
purchase order issued to, a contractor who is not licensed pursuant to this chapter is void.
(f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter
863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during
which time that subdivision was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this section if the
public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying
the license status of any person or contractor and the board failed to respond to the inquiry within three
PR -53
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: 8/31 /19
Date: 8/29/18
54
EXHIBIT F
LABOR LAW REQUIREMENTS
55
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
[Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700]
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 undertake self-insurance in accordance with
the provisions of that code, and I will comply with such provis}ons`before commencing the performance of
the work of this contract."
Date 8/29/16 Signature
61
EXHIBIT G
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
:1l
INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF
SUBROGATION AND CONTRIBUTION
TITLE OF PROJECT OR WORK: 2018-2019 Annual Slurry Seal Program, CIP#
ST1901.
Indemnitor(s) (list all names):
Mission Paving and Sealing, 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"
and Sealing, Inc -Name:
By:By:
s Do
ItugSwoen Pr sident
58
Bond No. 5253365
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarc
12747 Schabarum Ave.
Premium $1,782.00
`— '(Name andaddres's of'Contractor)
("Principal"), a contract (the "Contract") for the work described as follows:
2018-2019 Annual SlurN Seal Program Project No..ST1901
WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful
performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and SureTec Insurance Company
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and
firmly bound unto the Public Agency in the penal sum of Two Hundred Sixteen Thousand
Nine Hundred Forty One & no/100 '
Dollars ($ 216,941.00 ), this 'amount -1 eirig '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, it the hereby bounded Principal, his, her or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the
Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and
performed, all within the time and in the manner therein specified, and in all respects according to their
true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents,
and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and
remain in full force and effect.
In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable
attomeys' fees in an amount fixed by the court.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration, addition or modification to the terms of the Contract, or of the work to be performed there
under, or the specifications for the same, shall in any way affect its obligations under this bond, and it
does hereby waive notice of any such change, extension of time, alteration, addition, or modification to
the terms of the Contract or to the work or to the specifications there under. Surety hereby waives the
provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond
and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this
instrument, each of which shall for all purposes be deemed an original hereof, have been 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.
KI:
Dated: August 15, 2018
"Principal" "Surety"
Mission Paving & Sealing. Inc. - SureTec Insurance Company
By: By:,
ey, Its President Da� e, Attorney in Fact
Its -
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.
39
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
County of LOS ANGELES JIS
On 8/15/18 before me, A VILLA NOTARY PUBLIC
Date Here Insert Name and Title of the Doicer
personally appeared DOUG SWEENEY
who proved to me on the basis of satisfactory
evidence to be the person whose name(s),is7ar�
subscribed to the within instrument and acknowledged
to me that he/SHe[\H'reK executed the same in
hisAaerrftek authorized capacirylies�, and that by
his/hetfth'e<signature(s)_ on the instrument the
person`(s),_ or the entity upon behalf of which the
person(s)-acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
A. VILLA laws of the State of California that the foregoing
Notary Public - California paragraph is true and correct.
$ Los Angeles County
Commission If 2248025
z z My Comm. Expires Jul 24, 2022. WITNESS my hand and official seal.
Signatui��1
Place Notary Seal Above OPTIONAL signature o of ry Public
� �
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:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
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:
D 2000 National Notary Association
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Panner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Ile. #590]
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 AUG 15 2018 before me
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- a
LOS ANGELES COUNTY -
COMMISSION # 2111126
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
w
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)
❑ MEMBER of LLC
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
DESCRIPTION OF ATTACHED DOCUMENT
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 o: 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 Attomey-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, recognizattces, 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
Attorney -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 26P' 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 June , A.D. 2018 .
SURETEC CE PANY
\�SVRANCxcC
By:
w w 'aJohn Kr Jr., Cbb-
State of Texas ss: 7s�.,
County of Harris
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.
EM
i;ENIP CHAvEZNotary Publle, Siate of TexasCcrnm. Expires 09-10-2020 NOtaly iD !29117"059
Xe nvez, Notary Public
I_ 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. AUG 15 2018
Given under my hand and the seal of said Company at Houston, Texas this _ day of .Q 4 a , A.D.
BrebttBeaty, Assistant 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 (7 i 3) 812=0800 any business day between 8:30 am and 5:00 pm CST.
Bond No. 5253365
Bond Premium Included with Performance Bond
X-VVTAZ tiZ9P.G]
(LABOR AND MATERIALS)
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
and address of Contractor)
("Principal"), a contract (the "Contract") for the work described as follows:
2018-2019 Annual Slurry Seal Program Project No ST1901
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 iureTec Insurance Company
3131 Camino Del Rio No., Ste 1450 San Diego, CA 92108
(Name and address
("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 Sixteen Thousand
Nine Hundred Forty One & no/100
Dollars ($ 216,941.00 this amount being not less than the total
contract price, in lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its
heirs, executors, administrators, successors or assigns, 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.
41
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: August 15, 2018
"Principal" "Surety'
Mission Paving and Sealing, Inc. SureTec Insurance Company
12747 Schabarum Ae 3131 Camino Del Ri o., Ste. 1450
Irwin le CA 170ven San Diego. gn I
By: By: /
e ey sid Davi oddle, Attorney in Fact
By: By:
ndr Andrews, Secretary
(Seal) (Seal) %
Note: This bond must be dated, all signatures must be notarized, and evidence ofthe
authority of any person signing as attorney-in-fact must be attached.
42
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
County of LOS ANGELES 1i
On 8/15/18 before me, A VILLA NOTARY PUBLIC
Dale Here InseN Name ii < Title of the Officer
personally appeared DOUG SWEENEY AND 'ANDREW T. ANDREWS
Name(s) of Signers)
A. VILLA
Notary Public - California
Los Angeles County
Commission p 2248025
My Comm. Expires Jul 24, 2022
Raw Notary Seal Above
OPTIONAL d
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.
who proved to me on the basis of satisfactory
evidence to be the persornW whose nameEts�Js aa�
subscribed to the within instrument and acknowledged
to me that heN4QAttey�executed the same in
his7h Pfeir authorized capaciryryttes), and that by
his/h�r/th signature(s)_ on the instrument the
persorl the entity upon behalf of which the
person(s),igcted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature: "/ 44'7Azl.
r Slgnatme of q6toyPublic
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capaclty(les) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s): _
❑ Individual
❑ Partner — ❑Limited ❑General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT,
OF SIGNER
0
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — O Limited ❑ General Top of thumb here
Cl Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
11-.n...1AAA97i
Ilam N99n]
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 AUG 15 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 persons) acted, executed the instrument.
A. BISORDI
NOTARY PUBLIC - CALIFORNIAn
zd LOS ANGELES COUNTY • "mi
COMMISSION # 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 Notat
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: Signer(s) other than named above
NAME OF PERSON(S) OR ENTITY(IES)
POA re: 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 time 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
Attorney -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 20° 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 June , A.D. 2018 .
�Rn c SURETEC i RA CE PANY
`15, ........_Fc,
By.
John Kr Jr., Cjib-
State of Texas ss:
County of Harris
On this 12m day of June , A.D. 2018 before me personally came John Knox Jr., to me known, who, being by me duly sworn, 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 name thereto by like order.
........... YEWA CH„VEZ
c 6_Nota1v Public. Strde of Texas
./te`° Comm. Expires o9-10-2020
tJotary ID 129117859
[tib
Xet ' avez, Notary Public
,-Wcommission expires September 1, 2020
I, 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. AUG 15
2018
Given under my hand and the seal of said Company at Houston, Texas this _ day of 4 4 A , A.D
. BrtittBeaty, Assi§tant Secreta
Any instrument issued in excess of the penalty stated above is totafiy voitiand without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 5:00 pm CST.