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HomeMy WebLinkAboutAGMT - Mission Paving and Sealing (Dolphin, 13500 St Andrews)PROFESSIONAL SERVICES AGREEMENT Between City of Seal Beach 211 8th Street Seal Beach, CA 90740 H Mission Paving and Sealing, Inc 12747 Schabarum Ave Irwindale, CA 91706 This Professional Service Agreement ( "the Agreement') is made as of October 9, 2018 (the "Effective Date "), by and between Mission Paving and Sealing, Inc ( "Contractor "), a Contractor, and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties "). S7296- 0001 \1236808v1.doc RECITALS A. City desires certain professional services. B. Contractor represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Contractor shall provide those services ( "Services ") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue for a term of 3 months unless previously terminated as provided by this Agreement. 3.0 Contractor's Compensation City will pay Contractor in accordance with the lump sum shown on the proposal for Services but in no event will the City pay more than $22,725.00. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit A. 2 of 9 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24 -hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The Director of Public Works is the City's representative for purposes of this Agreement. 6.2. Mike Miller is the Contractor's primary representative for purposes of this Agreement. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: 3 of 9 To City: City of Seal Beach 211 8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: Mission Paving and Sealing, Inc 12747 Schabarum Ave Irwindale, CA 91706 Attn: Mike Miller 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Contractor is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. 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 liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's personnel practices. 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. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 4of9 10.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance . against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim /aggregate. 11.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, 5 of 9 employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self- insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self- insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnitees ") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Contractor, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Contractor shall defend Indemnitees, at Contractor's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Contractor shall reimburse City and its directors, officials, officers, employees, agents and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity 6 of 9 herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, the City, its directors, officials, officers, employees, agents or volunteers. All duties of Contractor under this Section shall survive termination of this Agreement. 13.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non - discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 16.0 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. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 7 of 9 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests; Conflict of Interest 20.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code § §1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 20.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon;any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 20.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 21.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from am the losing party all of its attorneys' fees and other costs incurred in connection therewith. 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH CONTRACTOR By: By: ✓ S ve Minter, Director of Public Works Name: Mid 4,{ i al Its: Vcc 9 of 9 Exhibit A Constract Scope: AC Paving Repairs RE: QUOTES FOR PAVEMENT RESTORATION: 13500 St. Andrews and 1430 Ocean Ave. Dear Bidders, The City of Seal Beach is soliciting bids for pavement restoration, post waterline emergency repairs (two locations), at 13500 St. Andrews in Leisure World Seal Beach, and 1430 Ocean Ave Seal Beach. There are two sites that will need a 2" grind and overlay, and one of the two will need removal and compaction. Attached is an official bid sheet listing the items in need of restoration and or repair. It is advised for bidders to arrange a site visit to familiarize with the location and scope of work listed. • Work days and times are Mmtday- Friday, Sam -4pm, unless otherwise approved. • All bidders must bid California Prevailing Wage rates per requirements and be registered with the Department of Industrial Relations (DIR). • Work must to place on weekdays unless otherwise approved on Saturday's. No Sunday work. • All work must meet applicable safety, construction, and traffic requirements and codes while utilizing approved materials. • Grinded materials must be removed and hauled off site. • Traffic striping and controls must be re- established utilizing traffic paint per Greenback Standards and specifications. • Traffic must remain open at all times. • All work must conform to latest GreenBook Standards and Specifications. • All materials are subject to approval by City of Seal Beach. • Winning bidder must attend a mandatory pre - construction meeting. Please use this bid form and email your bid electronically to me at dfait C sealbeachca.gov. Bids are due no later than 2:00 p.m. on Friday, September 7", 2018. Bidders are highly encouraged to visit the site to familiarize themselves with the scope of work required prior to submitting a bid. if you have any questions regarding this bid, please do not hesitate to contact me at 562 -431 -2527 z 1432. Since I . Dave Fait Interim Deputy Director of Public Works, Maintenance and Utilities PROPOSAL Bidders Name AS5ra.% PA-,J; e--f +,Z,r�/2�, the undersigned, as bidder, declares that: (I) -this proposal is made without collusion with any other person, fimt or corporation, and that the only persons or parties interested as principals are those named herein as sworn in the attached Non - Collusion Affidavit; (2)- bidder has carefully examined the Specifications, Instructions; and (3)- bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder, to enter into a contract with the City Council of the CITY OF SEAL BEACII, to perform said proposed work in accordance with the Plans, if any, and the terms of the Specifications, in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do; except such thereof as may otherwise be furnished or provided under the terms of said Specifications, for the following stated unit prices or lump sum price as submitted on the Bid Sheet herein. The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. This Safety Record must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each such partnership, joint venture, or corporate or individual bidder. The bidder may attach any additional information or explanation of data which he would like to be taken into consideration in evaluating the safety record. An explanation of the circumstances surrounding any and all fatalities must be attached. 2 0 r i Pavement Repair Seal Beach BLVD at Golden Rain BID SHEET No Item Description Unit of Measure Est. Qty. Unit Price Item Cost I M obilization/Demobilizat ion I's. I L$ KlS-�L! 2 Grind approximately 2" depth Asphalt. Leisure World Sy. It. 600 [location 3 Grind approximately 2" depth Asphalt. 1430 Ocean Sq. Ft.. 900 �,')f 1/725b,- Ave. location 4 Replace /Cap pavement with approved PG64 -10 HMA Sy. lt. 600 material (1 /2" mix). Leisure World l.ocat ion. 5 Replace /Cap roadway with appro ved PG 64-10 HM S Ft. 4 900 '� .9V ySD materal (1 /T min). 1430 Ocean Ave. 6 Full depth removal and replacement (approximately Sy. 1:1. 2(10 � 3 cw- 6 ")Ocean Ave. Location 15 � 7 Traffic control IS.. 8 Roadway striping. LS. I LS 9 Hauling of materials off -site. LS. 1 L S 3 S TOTAL BID PRICE (BASED ON BID SCHEDULE TOTAL OF UNIT PRICES): 2 2,-715 . =' Total Bid Price in Numbers ttJcn/ � J r Total Bid Price in Written Form Total __22,-7aS. �_ t4114-12"S- IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. NOTE: The City reserves the right to award a contract to the lowest responsible bidder in parts or in its entirety and reserves the rights to reject all bids and re- advertise, as appears to be in the best interests of the City. A bid is required for this entire work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and /or lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit prices shall govern over extended amounts, and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. The undersigned bidder agrees that, if awarded the Contract, bidder will complete all work according to the contract documents. Legal Business Name of Bidder �L 55, c, n% (,J L A tit O Business Address 11a-747 ��1 vl�t` ✓nn � � �w,n t 9/7 Business Tel. No. If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of part nership /joint venture must be provided, followed by signatures of all of the partners /joint venture's or of fewer than all of the partners /joint venture's if submitted with evidence of authority to act on behalf of the partnership /joint venture. if bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint venture's, or corporation officers must be acknowledged, before a Notary Public, who must certify that such partners, joint venture's, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. OP ID: DK A`�KLJ CERTIFICATE OF LIABILITY INSURANCE DATE rl CONTRACT OR OTHER DOCUMENT WITH RESPEC 11)(2J2018 19rzu291e THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MERIDIAN INSURANCE SERV. INC. NAME: PHONE Foe 4622 PLUMOSA DRIVE . (ABC. NO. EAU; _ _j.IAIC. Rul: YORBA LINDA, CA 92886 EMAIL - - Jared French ADDRESS; - - - - I_MISO EFP Ih+y are Pmeanl PRODUCER c4sTomER 10 MISSPAI_ X AFFORRNGCOVERAGE N_Mq INSURED Mission Paving & Sealing. Inc. INSURER A - California Insurance Company 138865 12747 Schabarum Ave. __ _ INSURER a: Liberty Mutual Insurance Co. '23043 CA Irwindale, CA 91706 -6807 _ _ _ _ _ GEN'L AGGREGA'TjE LIMIT APPLIES PER INSURER C: Liberty Mutual Insurance Co. i23043 _ "RODUCTS COMPIOP AGG INSUR_ER__O_: _ I PGUCY X PRO - I IIX: INSURER E: ' INSURER F' COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY RERIOO INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEC I 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 DISK 1AOOL'suBR" LTRi TYPE OF INSURANCE I SAlY1MQ. POLICY NUMBER - POLICY EFF POLICY EXP ! IMMI00IVYYYI' IMMIDMYYYY1! LIMITS GENERAL LIABILITY I - F.Af:H OCCURRE.4CL 4 2.000,00 13 X COSIMEHCIALGENERALU.PLII' Y I Y IBKW 56590902 06/30/2018 06130/20191 DAM se OA uEDw�el I_x 100__00 CLAWSWAOF I X � OCCUR I_MISO EFP Ih+y are Pmeanl 15 15,00 X 'CONTRACTORS POLLUTION 1 0630/20181 06130 /2019 IN RSONAI. x AOV INJURY I S 2,000,00_ i GENERAL AGGREGATE S 2,000,00 _ _ _ _ GEN'L AGGREGA'TjE LIMIT APPLIES PER "RODUCTS COMPIOP AGG IS 2,000,000 I PGUCY X PRO - I IIX: ' I S ' AUTOMOBILE LIABILITY f Y Y 1 (AMBINED SINGLE LIMIT Ira:,,aaenn S 2.008.08 I` B X ANV AUTO ��',BAO 56590902 :0613012018 0613012019 - - soon nN,Wn'r !Per Peaon, 5 X Al I OWNED AUTO, -' - scHeom ED AuTDS DOLL. /COMP $500. DIED DOOR .Y IN 111 R'!(Pq, a<CNnnl, ` i - PROPERTY DAMAGE S X HIRED AUTOS I 'PER ACCIDENT; I X I NON OWNED AUTOS X x$500 Pol. DED X 'UMBRELLA HAS OCCUR —i 16TCU OCCURRENCE 1 $ 5.000,00_ EXCESS LIAB I CLMAIS,,A I I ( i AGGREGATE I S 5,000.00 C �. - - -- — - - — Y Y MESA 56590902 " 06/3012018 06/30/2019 ' -- - - - - DEDUCIMI.E _GL 8 AUTO S RE IECn ION S !Auto Liab S j. WORKERS COMPENSATION - X 'NI:$IAlll' ` OIII,' ' AND EMPLOYERS ' LIABILITY YIN —. j.IORY LI\tI1J. I. A ANY PROPRIETCRIPARTNF61E%EtluTIVF I NIA 182-721924.01.01 A.10 01/01/2618 01101120191 F EACH ACCIOFNI 1S DFPICERIMEMBER EXCLUDED'' y, _1_.000,09 IMendetury in NHl CLI DISEASE. EWLOYCCI. S 1,000,00 . I'aa dex:nbe untlel OCSORIPTION OF OPERATIONS Wu � - CL DISEASE - POLICY LIMIT (S 1,000,00 B Rental Equipment I I,BKW 56590902 I 1 08/30/20181 06/30/2019 I Rental Eq I 500,00 DESCRIPTION OF OPEMTIONS I LOCATIONS I VGIIICLCB IAlInC1, ACORD III I. A,Mlllwul Ramuht BcnaUUle, II more ePeCa le reputreG '10 Day Notice of Cancellation for Non- Payment or Non - Reporting of Premium 8 Project: No. ST1901 All Operations. The City oif Seal Beach, its elected officials, officers, attorneys, agents. employees and volunteers are named as additional insureds under all policies in relation to these projects. 30 Da Notice of Cancellation A lies. SEALSEA City of Seal Beach Attn: Patricia Kharazmi 211 8th Street Seal Beach, CA 90740 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Jared French All rights reserved ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Mission Paving & Sealing, Inc., 12747 Schaburum Ave., Irwindale, CA 91706 Name and address of named insured ( "Named Insured "): Liberty Mutual Insurance Company 525 R Street, San Diego, CA 92101 Name and address of Insurance Company ( "Company „): OFFICIAL TITLE OF PROJECT: FY 2017 & FY 2018 Annual Slurry Seal Program Pgon!CrN.O. ST1701 & ST 1801 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 ill relation to those activities described generally above with regard to operations performed by or on behalf of the Nemed lowed, The Additional Insureds have an 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 rolled 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 iterated under the policy. All such claims shall covered as third• party claim, i.e., in the same manner as if separate policies had bmn issued to each insured. Nothing ctmtainal 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 tar contractual liability iusurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability asstrned by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreemern(s) or permil(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, ran Ices than thirty (30) days prior to the effective date thereof. In the evem of Company's failure to comply with cilia notice provision, the policy as initially drafted will continue in hull farce and effect until compliance with this notice mquircmcnt. 7. Company hereby waives all rights of subrogation and contribution against this Additional Insureds. while acting within the scope of their duties, from all claims, losses and liabilities ;rising 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, conoarent, 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. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at G-2 City Fngineer City of Seal Beach 211 8th Street, 2" Floor Seal Beach CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, niter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is touched. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF .52,000,000. THIS ENDORSEMENT ATTACHES FROM /TO 061111/20181c,06/30)2019 LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The rullowing inclusions relate to the above coverages. Includes: ;d Contractual Liability L: Explosion Hazard Lt, Owners/Landtordsi len nts li Collapse Hazard GI Manufacturers/Contractors Underground Property Damage H Products/Completed Operations ivl Pollution Liability Is Brood Form Property Damage D Liquor Liability 4 Extended Bodily Injury ❑ 'i: Broad Form Comprehensive ❑ R General Liability Endorsement 12. A rl deductible or D self- insured retention (check one) of $ _ _0.00 applies m all mverage(s) except: _ N/A ___ ' (if none, so stare). Tlie deductible is applicable l J per damn or ❑ per occurrence (check one). 13. This is an rl occurrence nr 0 claims made policy (check one). It,. This endorsement is ef& 10/22Y2018 ctive on at 12:01 A.M. and forms a part of Policy Number BKN 56590902 Y Jared French I. (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority b hind the Company to this endorsement and that by my execution hereof I do so bind die Company. Executed 101222018 Si nun re of Authorized Representative 20 1 R (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( 714 ) 693-9190 G -3 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY .Mission Paving & Sealing, Inc, 12747 Schabarum Ave., Irwindale, CA 91706 Name and-addrms of named insured ("Named Insured "): Liberty Mutual Insurance 525 B Street, San Diegn, CA 92101 Name and address of Insurance Company ( "Company "): OFFICIAL TITLE OF PROJECT. FY2017& FY201R Annual Wurry Seal Program Project No. STl701 A ST-1801 Norwitheronding any inconvistent statement In the policy to which this endomentent is attached (the `Policy) or in any endorsement now or hereafter attached thereto, it Is agreed asjollows., The City of Seal Beach, its elected officials, officers, anorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds') under the Policy in relatieato those activities described gonerally above with regard to operations perforated by car on 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 oovemgec 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 Poliuy. 2. Each Insurance coverage under the Polley shall apply separately to each Additional Insured agsimt whom claim is made or suit is brought except with respect to the limits of the Company's liability. 3. Nothing in this eommet 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 provisions) contained or executed in conjunction with the written agreerrent(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 5. The policy to which this endorsement is attached shall not he subject to cancellation, change in coverage, reduction of gmils (except as the result of the payment of claims), or non - renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, die policy as initially drafted will continue in full Porce and effect until compliance with this notice requirement. 6. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard w 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, inlerpretali0n, and entbrcement of this contract of insurance. This endorsement and all notices given hereunder Shull be sent to Public Agency at: City Engineer City of Seal Beach 211 8th Street, 2"d Ploor Seal Beach CA 90740 G -2 7. Except as stated above and not In conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend my 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 FROMI TO 061302018 to 06/302019 LIABILITY Scheduled items or locatims are to be idemifted on an attached sheet: The following inclusions relate to the above coverages. Includes: Any Automobiles 0 All Owned Automobiles Q No» -owned Automobiles Q Hired Automobiles i8 Scheduled Automobiles I i Garage Coverage U Trackers Coverage FI Motor Carrier Act fl Btu Regulatory Reform Act I7 Public Livery Coverage r I 11. A ❑ deductible or D self - insured retention (check one) of s 0'00 _appfiea to all coverages) except: (if none, so state). The deductible is applicable ❑ per claim or II per occurrence (dreck One). 12. This is an Kocetdrence or C claims made policy (check one). 13. This endorsement is effective on November 22nd at 12:01 A.M. and forms a pan of Polley Number RA0 565909112 1, Jared French (print name) hereby declare under penuity of perjury under the laws of the State of Califomin, that 1 havo the authority to bind the Company to this endmaament and that by my execution hereof. I do so bind the Company. November 22nd Executed .20 18 Signature ofAuthorired Representative (Original Signature only; no facsimile signature or initialed signature accepted) Phone N0 : ( 714 ) 693.9100 G -3 WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the CITY OF SEAL BEACH has required certain insurance to be provided by Califnrnie Insurance Company I Meridian Insurance Services, Inc. NOW THEREFORE, the undersigned insuranwc company does hereby certify that it has issued the policy or polioias described below to the following named insureds and that the same am 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. The insureds under such policy or policies are: Mission Paving & Sealing, Inc., 12747 Schabarum Ave., Irwindale, CA 3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all eperatione of the named insureds, m follows: POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 82- 721924.01.01 111/0120/5 01101/2019 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 the CfI'Y FS 'riT: EACH. By, _ Its Ai •d Representative G -2 POLICY NUMBER: BKW 9659091`12 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days: 30 Name of Person or Organization: (Additional Insured) The City of Seal Beach, Its elected officials, officers, attorneys, agents, employees & volunteers. Re: 51,1901 Slurry Seal (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Paragraph 2. Of CANCELLATION (Common Policy Conditions) is replaced by the following: 2. We may cancel this Coverage Part by mailing or delivering to this first Named Insured written notice of cancellation at least: a 10 days before the effective date of cancellation if we cancel for non - payment of premium; or b. The number of days shown in the Schedule before the effective date of cancellation if we cancel for any other reason. CG 02 12 11 85 CALIFORNIA INSURANCE COMPANY, INC. WAIVER OF SUBROGATION — DESIGNATED PERSON OR ORGANIZATION Policy No: 82- 721924.01.01 THIS ENDORSEMENT CHANGES'I'HE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following EMPLOYERS LIABILITY I WORKERS COMPENSATION COVERAGE PART WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of you ongoing (as opposed to completed) operations, or premises with regards to employee injuries or industrial accidents. This endorsement is also a waiver of subrogation an 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 upplicable to this endorsement. SCHEDULE Name of Person or Organization: The City of Seal Beach, its elected officials, officers, attorneys, agents, employees and volunteers. Re: All Operations S11901 cle co 93 i (n9 -I i 1