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HomeMy WebLinkAboutAGMT - Golden State Constructors (2018 Annual Concrete Repair Program)RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 )o_ 1 Cly lq$ BEP�N Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder �Jjjj I � jlj�iJ 11111111111 �Ijjj IIIIIIIIIIIIII�Jjjj II11111IIII$III III No FEE *$ R 0 0 1 0 20190002350651:20 pm 07102119 V7 422 N12 1 0 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 Sp a ove this line for Recorder's use. No Recording Fee Pursuant to Government Code Section 6103, 27383 NOTICE OF COMPLETION J/ 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 June 24.2019. The work was 2018 Annual Concrete Repair Program. CIP No. ST1802. 6. The name of the contractor(s), if any, for such improvement was: Golden State Constructors, Inc. The date of the Contract Award was June 25, 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: Various locations in Old Towns Hill and Cove, College Park West Community Districts Date: (9 Director of P orks, P.E., City of Seal Beach Signature, 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 periury the foregoing is true and correct Executed on W 125 111 , 2019, at Seal Beach, California. (Date of Signature) D46toWPu6iic Works, City of Seal Beach PUBLIC WORKS AGREEMENT 2018 ANNUAL CONCRETE REPAIR PROGRAM PROJECT CIP NO. ST1802 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 Golden State Constructors 208 E. Orangethorpe Avenue Placentia, CA 92870 (714) 625-8758 (714) 625-8295 - FAX THIS AGREEMENT is made as of August 13, 2018, by and between the City of Seal Beach, a California charter city ("City"), and Golden State Constructors, a California Corporation and General Contractor ("Contractor'). 1of12 RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the 2018 Annual Concrete Repair Program Project CIP No. ST1802 ("Project") with respect to design criteria; B. WHEREAS, Contractor has submitted a bid to City for the Project dated July 18, 2018 in the amount of $39,113 ("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 867060; Class A; and Contractor's DIR registration number is 1000004019. 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 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 $39,113, 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 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. Contractors 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 Riqht 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. 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 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: Golden State Constructors 208 E. Orangethorpe Avenue Placentia, California 92870 Telephone: (714) 625-8758 Fax: (714) 625-8295 Attn: Ronnie D. Cochran 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 CITY OF SEAL BEACH M601�_, � ,�_hIv1L._I �.. By: - Ni' Robin Approved as By: Craig A. Steele, City Attorney CONTRACTOR: Golden State Constructorsali orn� corporation By: Name: Title: /Ditr7�•� 11 of 12 A, (Intentionally Left Blank) 12 of 12 EXHIBIT C WORKER'S COMPENSATION INSURANCE CERTIFICATE 43 WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the CITY OF SEAL BEACH has required certain insurance to be provided by Golden S+a+e Gons+ruc+ors 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 this 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: All Pmnln iPx v�nrkinsfo r + of S(3 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 GOWG9-79031 2//0/2018 2/6/2019 4. Said policy or policies shall not be canceled, voided or reduced in coverage or limits of liability, unless and until thirty days' advance written notice thereof has been served upon the City Clerk of th OF SEAL BEACH. By: Its AuOrorized Representative 44 EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY (INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY) 45 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Golden S+a+e Gons+ruc+ors, 208 E. Orange+hot 2e Ave. Placentia, GA 928-70 Name and address of named insured ("Named Insured"): Hun+in,I+on beach Pacific Insurance, -7901 Professional Gircle, Hb 92645 Name and address of Insurance Company ("Company"): OFFICIAL TITLE OF PROJECT: 2018 ANNUAL CONCRETE REPAIR PROGRAM, PROJECT CIP NO. ST1802 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 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 witi 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 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, construction, interpretation, and enforcement of this contract of insurance. rr- 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Engineer City of Seal Beach 211 8th Street, 2"d 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 ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: L Contractual Liability F Owners/Landlords/Ten ants I Manufacturers/Contractors L Products/Completed Operations L Broad Form Property Damage ❑ Extended Bodily Injury I- Broad Form Comprehensive �< General Liability Endorsement ❑ Explosion Hazard F1 Collapse Hazard I I Underground Property Damage ❑ Pollution Liability ❑ Liquor Liability 12. A 6t deductible or F self-insured retention (check one) of $ X1000 applies to all coverage(s) except: (if none, so state). The deductible is applicable n per claim or n per occurrence (check one). 13. This is an �k occurrence or,7 claims made policy (check one). 14. This endorsement is effective on 8/20/2018 at 12:01 A.M. and forms a part of Policy Number LHAI39835 1, Mark Heberden (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 do so bind the Company. Executed Au us+ 20 20 0 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: (-714) 841-6283 47 EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] 48 EXHIBIT D-3 ADDITIONAL INSURED ENDORSEMENT [INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY, IF REQUIRED] 51 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 POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/ TO LIABILITY Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: F Any Automobiles x All Owned Automobiles L Non -owned Automobiles $c Hired Automobiles I Scheduled Automobiles 6c Garage Coverage n Truckers Coverage I Motor Carrier Act L] Bus Regulatory Reform Act ❑ Public Livery Coverage F1 11. A R deductible or E self-insured retention (check one) of $ 1000 applies to all coverage(s) except: (if none, so state). The deductible is applicable F per claim or F per occurrence (check one). 12. This is an $c occurrence or E claims made policy (check one). 13. This endorsement is effective on 8/20/2018 at 12:01 A.M. and forms a part of Policy Number 13A04 -000000V4 I, Mark Heberden (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 do so bind the Company. Executed Auqus+ 20 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( 714) &H-6283 50 EXHIBIT D-3 ADDITIONAL INSURED ENDORSEMENT (INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY, IF REQUIRED) 51 OP ID: MH CERTIFICATE OF LIABILITY INSURANCE DAonorzot W20120i8) s 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 pollcy(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 PRODUCER Pacific Ins. Agency sional Circle Beach. CA 92648 Mark Heberden GOLDENS NAIC 2 INSURED 208 E. Orangethorpe Ave. Placentia, CA 92670 nc INSURERA: Landmark American Ins Co. INSURER B: California Automobile Ins Co. INSURERC:NorGUARD Insurance Co. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE 211 8th Street, 2nd Floor POLICY NUMBER MLIC POLICY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 JAMAUL PREM.SES Ee NItUansa $ 50,000 A X COMMERCIALGENERALLIABILITY Y LHA139835 01/3112018 01/31/2019 CLAIMS-MADEOCCUR NED EXP(Aay one person) s 5,000 PERSONAL b ADV INJURY $ 1,000,00 X $2500 Deductible GENERAL AGGREGATE $ 2,000,00 GEN L AGGREGATE LIM!T A.PPJES PER'. PRODUCTS - COMPIOP AGG $ 2,000,00 P` r POLICY X LOC B AUTOMOBILE X LIABILITYY ANY AUro BA040000041474 07/0612018 02/06/2019 COMBINED SINGLE UNIT $ 1,000,00 IEa accideotl BODILY INJURY (Par person) $ ALL OWNED AUTOS BODILY IPI:URY (Per ecciden0 $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (PER ACCIDENT) $ NON -OWNED ALTOS Deductible Is UMSRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE 5 EXCESS LIAB CLAWS -MADE DEDUCTIBLE $ $ RETENTION $ C WORKERS COMPENSATIONX AND EMPLOYERS' LIABILITY ANY OPRIETER AR jER,1XECUTIVE YIN OPFICE DED? L (Mandatory in NH) NIA GOWC97SO31 02/06/2018 02/06/2019 WC STAID OTH- TORY LI.V.ITS R EL. EACH. $ 1,000,00 E . DISEASE EA EMPLOYEE $ 1,000,00 It yes describe unser DESCRI PTiON OF OPERATIONS below E.L. DISEASE- POLICY LI:dIT S 1,000,00 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (Attach ACORD 101, Addldonal Remarks Schedule, If mors space Is reAulred) RE: 2018 Annual Concrete Repair Program Project - CIP No. ST1802 City of Seal Beach,its officers officials,employees,designated volunteers and acct rats are named as Additional Insured In respecEEss to the General & Auto Liabillfy. CERTIFICATE HOLDER CANCELLATION SEAL001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Ci of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 211 8th Street, 2nd Floor Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 26 (2009/09) The ACORD name and logo are registered marks of ACORD LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED BLANKET - YOUR WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: ?Any person or organization to whom or to which you are obligated by virtue of a written contract or by the issuance or existence of a written permit, to provide insurance such as is afforded by this policy. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the SCHEDULE, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions, or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations, and/or "your work" defined for the additional insured(s) designated above included in the "products -completed operations hazard". This endorsement effective 1/31/2018 forms part of Policy Number LHA139835 issued to GOLDEN STATE CONSTRUCTORS, INC. by Landmark American Insurance Company RSG 15017 0615 Includes copyrighted material of Insurance Services Office, Inc. 1984 with its permission POLICY NO: BA040000041474 THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR GARRtr-R GOV1:RAGC FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1 he tollowing Is added to the Sedtlon II — Liability Coverage, Paragraph A.1. Who Is An Insured Provision: Any person or organization tnat you are required to Inclucle as adgltlonal Insured on the Coverage norm In a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which ll iia inourance appliea and only to the ea{ent that Pecaon or oryer'iieoliui i qualifies as an "ii mused" under the Who Is An Insured provision contained in Section II. MCA20480711 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 § 20103.5] 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 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.: 86-7060 Class: A P, r,—F3 Expiration Date: 3-31-2019 . Date: 8/21/2018 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, 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 undertake self-insurance in accordance with the provisions of that code, and I will comply with such pfgdlaio 's before commencing the performance of the work of this contract." Date 8/27/2018 Signature 63.1 EXHIBIT G INDEMNIFICATION AND HOLD HARMLESS AGREEMENT 57 INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECT OR WORK: 2018 Annual Concrete Repair Program, Project CIP No. ST1802. Indemnitor(s) (list all names): Ronnie D. Goohmn --------------- To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above -referenced contract, agreement, license, or permit (the "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor" Name Ro i ooh n Name: By: By: _ Its Presiden+ 3] THE FINAL PR6NM 18 PREDICATED ON THE FINAL CONTRACT PAID Bond No. 2273524 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: Premium $ 978.00 WHEREAS the City of Seal Beach, has awarded Golden State Constructors (Name and address of Contractor) (One of Two Originals) 208E Oranoethorpe Ave Placentia CA 92870 ("Principal"), a contract (the "Contract") for the work described as follows: 2018 Annual Concrete Repair Program Proiect CIP No ST1802 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 North American Specialty Insurance Company 6 Hutton Centre Drive, Suite 850 Santa Ana CA 92707 (Name and address of ("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 Thirty Nine Thousand One Hundred Thirteen and 00/100 vouars (z5 3uji3.uo ), 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, 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 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 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. 38 Dated: August 22nd, 2018 "Principal" "Surety" Golden State Constructors By: Its /ej! Its By: Its Its North American Specialty Insurance Company (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 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN 13Y TI-IF.SF. PRESENTS. THAT North American Specialty Insurance Company, a corporation duly organized and existing under I;n\s of the State of New I'lampshire- and having its principal office in the Cit: of Overland Park. Kansas- and Washington International Insurance Company. a corporation organised and existing under the laws of the State of New Hampshire and having its principal oil -tee in the Cit% of Overland Park. Kansas. each does hereby make, constitute and appoint: RANDY SPOHN and MATTHEW R. DOBYNS JOINTLY OR SEVERALLY Its Irue and lawful Attorney (s) -in -Fact. to make, execute, scat and deliver, for and on its- behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies. as surety. on contracts of suretship as are or may be required or permitted by law. regulation, contract or otherwise. provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION (S50,000,000.00) DOLLARS ['his Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specially Insurance Compare' and Washington International Insurance Company at meetings duly called and held on the 9" of May. 2012: "RESOLVED. that any Iwo ofthe Presidents, any Managing Director, any Senior Vice President. any Vice President. any Assistant Vice President. the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in file given Power of Attorney In execute on behalf of the Company bonds. undertakings and all contracts of surety. and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVF,D, that the signature of such officers and the seal of the Company nuc be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power ofAttorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond. undertaking or contract of surety to which it is attached." 0vuIIlillf, O6Q�p J. 7Y/% / / ,�p.10N.... {{22 ti "'rP` _ 111' /V'K1F•-"V_— ,xfyORPOq�:!p SEAL .n= Sic,e.P.A.dcrvm. Senior vice P—ldenlof\ra hl.,,nn ntmrnaaan.narnr.acc Compare �' SEALF %yy1... 1977 yin` &Seniorvice Presidem of North Ael a SMcitlrt lnscrance CompanN m dI Ut "AMIl BN 'Pili �dONnuu�\P\\` _•4, �. )lid ... I A. It., Se \'ice President.1 NN L ,k.n Internvtinnal Insurance I: ompaq & senior Vitt President of sooh American Specivlp Insuranct Compant IN WITNESS WHEREOF. North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 14 day of FEBRUARY . 2018 North American Specially Insurance Company Washington International Insurance Compare Sluts of Illinois County of Cook ss. On this 14 day of FEBRUARY . 2018 .. before me. it Nonrc Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito . Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company. personally known to me. \vho being by me duly s\%om. acknowledged that they signed the above Pon%er of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL Y. KENNY Niru, Public -Sumd Ill - MY(nmm�donrapN(s M. Kenny, Notice, Public 1LV,&tI 1..le07ev Goldbere ,the duly elected Assistant Secretary of North Annerican SpeciultInsmance,Connpany and Washington International Insurance Company, do hereby certify that the above and lbregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, whish is stillinfull force and effect. IN WITNESS WI IFREOF. I have set my hand and alfi%cd the seals of the Companies this 22» ddcy-of August - .20 18 . Jercny (ro)dberg, vice Prosldcet & Azsiaam S,oclan of Washington Inmmational Inmates ('nn:pap' & Soeh American SpeGalq Inzurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CALIFORNIA County of ORANGE On August 22nd, 2018 before me ASHLEY MARIE SPOHN, NOTARY PUBLIC. personally appeared RANDY SPOHN ® who proved to me on the basis of satisfactory evidence to be the person(g) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (iee), and that by his/her/their signature(s) on the instrument the personal, or the entity upon behalf of which the person(s) ' ASHLEY .#2MAR 188POHN ` acted, executed the instrument. COMM. # 2188685 NOTARY PUBLIC CALIFORNIA ORANGECOUNTY I certify under PENALTY OF PERJURY under the laws of the State of My comm. expires Mar. 2821 . 27,California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } On 8/27[2018 before me, Claudia Cochran Notary Public ( ,de insert name an 0 e o I a o ¢ep personally appeared Ronnie D. Cochran — who proved to me on the basis of satisfactory evidence to be the person(*whose name(&) is/afe subscribed to the within instrument and acknowledged to me that heilsheAheyt executed the same in hislheF/theIF authorized capacity4re ), and that by his/4ef4he4 signature(&) on the instrument the person(4,, or the entity upon behalf of which the person(-&) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CLAUOIACOCNRAN COMM Y 2095462 71 r ?i! _, ORANGE COUNTY WITNESS hand- d official seal. ,.> NOtARYPUBLIC-CALIFORNIAZ ,+ MY COMMISSION EXPIRES •' rt JAN. 30, 201• Notary Public Signature (Notary Public Seal) IAL OPTIONAL INFORF OF THE ATTACHED DOCUMENT (Title or description of attached document) description of attached document continued) of Pages —Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM This farm complies wilh current California saddles regarding noddy wording and, if needed, should be completed and attached to the document. A eknmvledgrnenls Jirom athersiales may be completedJmdocuments being sent to that state so long as the wording docs Plot require ilia Caldo mia nolan, to violate California nota; ­v law. • State and County information must be the State and County where the document signer(s) personally appeared before the nolary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his of her time as it appears within his at her commission followed by a comma sued then your title (notery public). • print the outlets) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. halshetehey, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a suf6citvt area permits, utbxaise complete a ditferxnt acknowledgment farm. • Signature of the notary public must match the signature on file with the office of the cuuuy clerk. eo Additional information is not required but could help to enswe this acknowledgment is not nrisusul or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate rite tide (i.e. CEQ CFO, Secretary). • Securely attach this document to the signed document with a staple. (One of Two Originals) Included In The Bond No. 2273524 Bond Premium Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded to Golden State Constructors 208 E. Orangethorpe Ave Placentia CA 92870 (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: 2018 Annual Concrete Repair Program Proiect CIP No ST1802 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 North American Specialty Insurance Company 6 Hutton Centre Drive, Suite 850, Santa Ana CA 92707 (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 Thirty Nine Thousand One Hundred Thirteen and 00/100 Dollars ($ 39,113.00 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: August22nd,2018 "Principal" "Surety' Golden State Constructors By: By: Its Its By: Its Its North American Specialty Insurance Company Spohn, A ney- -Fact (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. 42 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY TI IFSE PRISENTS.'I'I-IAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New I-lampshire. and having its principal office in the City of Overland Park. Kansas, and Washington International Insurance Company, a corporation organized and existing under the lave of the State of Neo, I lanmpshire and having its principal office in the City of 0verland Park, Kansas. each does hereby make, constitute and appoint RANDY SPOHN and MATTHEW R. DOBYNS JOINTLY OR SEVERALLY Its true and IaoTul AtiomcV(S)-in-Fact. to make. execute, seal and deliver, for and on its behalf and as its act and deed. bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety. on contracts of surer ship as are or may be required or permitted by law. regulation. contract or otherwise. provided than no bond or undertaking or contract or suretyship executed under this authority slmll exceed the amount of: FIFTY MILLION (S50.000,000.00) DOLLARS 'I his Power of Attorney is granted and is signed bV facsimile under and by the authority of the following Resolutions adopted bythe Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9'h of Mac 2012: "RESOLVED. that any tvvo of the Presidents. any Managing Director. any Senior Vice President. any' Vice President. any Assistant Vice President. the Secretary or any Assistant Secretary be. and each or anv of them hereby is authorized to execute a Power of Aaomey qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company: and it is FORT[-IER RFSOLVFD, that the signature of such officers and the seal of the Company may' be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Povver of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." tl 0\\ wry bi wawwu AptJtYA'v9 �' F. ri 13p 1:44 kti,G�gp SEAL .o= 5te.en1'.And—on. senior vire rusident mUn.n;ngtm: Inlet national In:P ce Cmnpa 3.+ SEALF 4 p}:Ty 1%3 yin` s4niur\'im YresiJem nl\orin Amerism SPecinllc lnsurana Campmm� m ,/...III; Bi ylichael A. no, senior Vice it—idem onyashington mtemnutuni Inan'ant, Compan & senior Vire President of North American Spec ialn 1nsum ice Cont Nam, IN WITNESS WI-FRF.OF. North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents 10 be signed by their authorized of kers this 14 day of FEBRUARY . ?()18 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 14 day of FEBRUARY . 2018 . before Inc. a Notary Public personally appeared Steven P. Anderson . Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito . Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me. who being by me duly savor, acknowledged that they signed the above Power of Attorney as off iters of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL U. "May Notary nclik-Sure AYlinin My rpmmistlon F'ae, 1=412M V t M. Kenny, Notary Public' 1, Jeffrey Goldberg . the duly elected Assistant Secretan- of North American Specialty. Insmance.Company and Washington International Insurance Conmpany. do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company. which is still in full force and eflect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 22nd day of - . -August .20 19 . Jeff— Goldberg, Vice President & Assistant Secretary ar Washington Interecomal Inameuce Company & Noar Amanean Spedalty Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CALIFORNIA County of ORANGE On August 22nd, 2018 before me ASHLEY MARIE SPOHN, NOTARY PUBLIC, personally appeared RANDY SPOHN ® who proved to me on the basis of satisfactory evidence to be the person( 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(o on the instrument the person(s), or the entity upon behalf of which the person(s) ' ASHLEY MARIE 8665 acted, executed the instrument. „ COMM. # 2188685 NOTARY PUBLIC CALIFORN ORANGE COUNTY I certify under PENALTY OF PERJURY under the laws of the State of ' Mycomm.ezpiresft.27,2021 California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. M Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 8/27/2018 before me, Claudia Cochran Notary Public ere insert name en i e a l e a ¢erJ personally appeared Ronnie D. Cochran who proved to me on the basis of satisfactory evidence to be the person(*whose name(&) is/aFe subscribed to the within instrument and acknowledged to me that he/she/they-executed the same in his/hArlthei authorized capacity(ies), and that by hisfi4ef*e signature(&) on the instrument the person(.}, or the entity upon behalf of which the person(.) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. � tlAY01ACOCHRAN COMM M 2095862 WITNESS and official seal. Z `�� ORANGE COUNTY NOTARY PUBLIC -CALIFORNIA Z MY COMMISSION EXPIRES -' JAN. 30, 2019 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETTA'G THIS FORM ThisJonn compfics with na7ent Caltibmia statutes regarding nolary wording and, it needed, should be completed and atlaahed to the document. A eknmvledgrnerris fr'o,n other states ,at, be compicied for documents being sent to that state so long as the wording docs not require the California notarp to violate California notmv /mv. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his at her name as it appears within his or her commission followed by a comma and then your tide (notary public). • Print the nante(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect fomu (i.e. lee/she/they;- is/ere ) or circling the correct tants. Failure to correctly indicate this information may lead to rejection ofdocumcnt recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seat impression snmdges, reseal if a sufficient area permits, otherwise compicte a different -acknowledgment form. • Signature of the notary public must match the signamre on file with the offer, of the county clerk. le Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and dale. Indicate the capacity claimed by the signer, If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.