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Home My WebLink AboutAGMT - Crew Inc and Extension No 1 & 2(Annual Sand Berm Construction and Removal) 4444 Crew, Inc. Grading & Excavating Building Together Since 1994 May 21, 2024 CITY OF SEAL BEACH MR. DAVID SPITZ 211 EIGHTH ST SEAL BEACH, CA 90740 Re: PROFESSIONAL SERVICES AGREEMENT EXTENSION ANNUAL SAND BERM CONSTRUCTION AND REMOVAL Mr. Spitz: We would like to thank you for the opportunities we have received in recent years in assisting the City of Seal Beach with the needed sand berm work. It has been an honor to have the opportunity to serve the community. At this time, we do not wish to receive another extension of the agreement and would like to cancel the current agreement effective immediately. Thank you for your help in concluding the agreement we have in place. I hope we might have an opportunity to serve the community again in the future, but we would need to negotiate a new contract in the future and we no longer wish to do work extending the current agreement. Sincerely yours, Signature: Au-kin A. laki 0(e Darrin A.Lalonde(May 21,2024 19:28 PDT) Email: darrin@crewgrading.com Darrin A. Lalonde Vice President darrin(&,crewgrading.com (310) 608-6860 x210 Crew,Inc. 19618 S Susana Road E Rancho Dominguez,CA 902211-57i6 �F SEA( '' /� ,-1 ce,a, �9 0)6 0 2' Cif-- C OeczA 1 CITY 11All. 211 FIGI•ITII S1'RI I I SEAT.I3EAC1-I.CALIFORNIA 90740 15621411-7S?7•‘r„\,.:calbeadhca.gm July 19, 2023 Crew, Inc. 19618 S. Susana Road Rancho Dominguez, CA 90221-5716 SUBJECT: CITY OF SEAL BEACII-CREW, INC. PROFESSIONAL SERVICES AGREEMENT EXTENSION NO.2 Annual Sand Berm Construction and Removal Dear r. Lalonde: Pursuant to the Professional Services Agreement for Annual Sand Berm Construction and Removal, dated July 22, 2019 and Amendment No. 1 dated October 11, 2021, by and between the City of Seal Beach (City) and Crew, Inc. the City is hereby notifying Crew, Inc. of its desire to exercise the second of three additional one (1) year term extensions per Section 2.2 Term for a total not-to-exceed amount of two hundred forty eight thousand seventy six dollars and 34/100 ($248,076.34). The Agreement termination date is now revised to midnight of July 22, 2024. All other terms and provisions of the Agreement shall remain unaltered and in full force and effect. Feel free to contact David Spitz, P.E., Associate Engineer at (562) 431-2527 ext 1331 or by e-mail at dspitz@sealbeachca.gov if you should have any questions. Sincerely, ilk1 a 14.E i 1 Alp R, Ingram City Manager, City of Seal Beach cc: Iris Lee, P.F,., Director of Public Works Kathryne Cho, P.E., Deputy Director of Public Works/City Engineer August 15, 2022 Crew, Inc. 19618 S. Susana Road Rancho Dominguez, ICA 90221-5716 Attn: David M. Lalonde, President SUBJECT: CITY OF SEAL BEACH — CREW, INC. PROFESSIONAL SERVICES AGREEMENT EXTENSION NO. I Annual Sand Berm Construction and Removal Dear Mr. Lalonde: Pursuant to the Professional Services Agreement for Annual Sand Berm Construction and Removal, dated October 11, 2021, by and between the City of Seal Beach (City) and Crew, Inc., the City of Seal Beach is hereby notifying Crew, Inc. of its desire to exercise the first of three additional one (1) year term extension per Section 2.2 Term for a total not -to -exceed amount of two hundred thirty-three thousand eight hundred thirty-five dollars and 75/100 ($233,835.75). The Agreement termination date is now revised to midnight of July 22, 2023. All other terms and provisions of the Agreement shall remain unaltered and in full force and effect. Should you have any questions, please do not hesitate to contact Iris Lee, Acting Public Works Director at (562) 431-2527 x1322 or ilee@sealbeachca.gov Sincerely ill R. Ingram City Manager CC: Iris Lee, Acting Public Works Director Gloria D. Harper, City Clerk June 20, 2022 Crew, Inc. 19618 S. Susana Road Rancho Dominguez, CA 90221-5716 Attn: David M. Lalonde, President SUBJECT: CITY OF SEAL BEACH — CREW, INC. PROFESSIONAL SERVICES AGREEMENT EXTENSION NO. 1 Annual Sand Berm Construction and Removal Dear Mr. Lalonde: Pursuant to the Professional Services Agreement for Annual Sand Berm Construction and Removal, dated October 11, 2021, by and between the City of Seal Beach (City) and Crew, Inc., the City is hereby notifying Crew, Inc. of its desire to exercise the first of three additional one (1) yearterm extension per Section 2.2Term for a total not -to -exceed amount of two hundred thirty- three thousand eight hundred thirty-five dollars and 75/100 ($233,835.75). The Agreement termination date is now revised to midnight of July 22, 2023. All other terms and provisions of the Agreement shall remain unaltered and in full force and effect. Should you have any questions, please do not hesitate to contact Iris Lee at (562) 431-2527 x1322 or ilee(@sealbeachca.gov Sincerely, ris Lee Acting Director of Public Works AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT Public Works Agreement for Sand Berm Construction and Removal between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 :a Crew, Inc. 19618 S. Susana Road Rancho Dominguez, CA 90221-5716 P - (310) 608-6860 F - (310) 608-6865 , This Amendment No. 1, dated October 11, 2021, amends that certain agreement ("Agreement") dated July 22, 2019, by and between the City of Seal Beach (City"), a California charter city, and Crew, Inc. ("Contractor"), a California corporation. 1 RECITALS A. Effective July 22, 2019, City and Contractor entered into an Agreement whereby Contractor provides certain services to City for a sand berm construction and removal project ("Project"). B. The Agreement.provides for an initial contract term of 24 months for the total amount of $379,892, and further provides that the City may elect to exercise an extension to renew the Agreement for two additional two-year terms, contingent upon satisfactory performance of Contractor. C. City and Contractor wish to amend the Agreement to (i) extend its term for an additional one-year term; (ii) specify the compensation to be paid to Contractor for that one-year extension in accordance with Section 3.2 of the Agreement; (iii) authorize the City Manager to extend the Agreement for a maximum of three additional consecutive one-year terms, not to exceed one-year each, contingent upon satisfactory performance of Contractor; and (iv) specify the compensation to be paid to Contractor for any such extension term in accordance with Section 3.2 of the Agreement. AMENDMENT NO. 1 NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, the Parties agree to amend the Agreement as follows: Section 1. Section 2 (Effective Date; Term) of the Agreement is amended to read as follows: . "2. Effective Date: Term. 2.1 Effective Date. This Agreement, originally effective as of July 22, 2019 (the "Effective Date") for a two-year period through and including July 22, 2021, shall remain in full force and effect for an additional one year, through and including July 22, 2022, unless previously extended or terminated as provided in the Agreement. 2.2 Extension. City may extend this Agreement for a maximum of three consecutive additional periods, not to exceed one-year each (each an "Extended Term") by the City Manager giving notice of the City's desire to extend to Contractor not less than thirty (30) days prior to the end of the term or any individual extension period. Upon mutual agreement of the parties to the terms of the extension, the parties shall execute an amendment to this Agreement." Section 2. Section 3 (Payment) of the Agreement is hereby amended to add Sections 3. 1.1 and 3.1.2 to read as follows: "3.1.1 Payment for First One -Year Extension. For performing and completing the Work for the additional one-year term for the time period 2 extending from July 22, 2021 through and including July 22, 2022, in accordance with Section 3.2 of this Agreement City shall pay Contractor, in full compensation therefor, the total amount of $233,835.75 (two hundred thirty-three thousand eight hundred thirty-five dollars and seventy-five cents) ("Compensation Amount"), subject to any additions and deletions pursuant to the terms of the Contract Documents. The City Manager may authorize in writing extra work to fund unforeseen conditions provided that the total sum paid to Contractor under this extension shall not exceed the Compensation Amount. Payment for additional work in excess of this amount requires prior City Council authorization.: 3.1.2 Payment for Subsequent Extensions. In the event that the City Manager elects to extend the Agreement for an additional terrn(s). the City Manager shall determine the amount of each Extended Term in accordance with Section 3.2." Section 3. Section 17 (Safety Requirements) of the Agreement is hereby revised to require Contractor to comply with all applicable COVID-19 public health regulations and industry safety orders, to read as follows: "17. Safety Requirements. In raddition to all other, requirements of the Contract Documents, all Work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable local, state and federal laws, industry safety orders and/or health orders. Contractor's obligations shall include but are not limited to, the requirement to comply with all applicable COVID-19 social distancing requirements, daily monitoring and recordkeeping requirements when Contractor's employees come onsite, and other applicable provisions of any applicable industry safety standards and/or health orders issued by the County of Orange, City of Seal Beach, and/or any other federal, state or local agency with jurisdiction over the City and/or Contractor, during Contractor's performance of the Project. The City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Work. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor." Section 4. All references to the term "Agreement" throughout Sections 1 through 17, inclusive, of the Agreement are hereby modified to include the Agreement dated October 14, 2019, and this Amendment No. 1, dated October 11, 2021, as if all of those terms are fully set forth therein. Section 5. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and 3 effect. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control. Section 6. The persons executing this Amendment No. 1 on behalf of Contractor warrants that he or she is each duly authorized to execute this Amendment No. 1 on behalf of said Party and that by his or her execution, Contractor is formally bound to the provisions of this Amendment No. 1. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested by their proper officers thereunto. CITY OF SEAL BEACH CONTRACTOR: Crew, Inc., a California corporation By: By: *Jill.ram, City Mar�Ap ; BI r "`' Name: Andrew J. Kerr Attest: �j :QgQ,ptE[� �� ' Its: _ Chief Financial loris D. Hare I 0 ., --� a� -B Cro �K. . , Approved as to For - �,q�GE, C�� Name: D51rrjkq fa*f�- Its: �T By: (Please note, two signatures required for corporations raig A. Steele, City Attorney under Corp. Code §313, unless corporate documents authorize only one person to sign this Agreement on behalf of the corporation.) M CRFWINC-n1 MIRRANDMAN nnv�ewn_�� t%COTicrr`A•rC wn leeQco. RFVICInM MIIMRFR- 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 OF LIABILITY INSURANCE 12021 /DD/YYYY) 2/2M DATE (MMfDDrf 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 have ADDITIONAL INSURED provisions or 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 License # 0757776 Riverside, CA - HUB International Insurance Services Inc. PO Box 5345 Riverside, CA 92517 NAMEACT AX (AIHCNNo, Ext): (951) 788-8500 (A C, No):(951) 788-8502 E-MAIL INSURERS AFFORDING COVERAGE NAIC # INSURER A: Executive Risk Indemnity 35181 INSURED INSURER B: Federal Insurance Company 20281 INSURER c: The Continental Insurance Company 35289 Crew, Inc. INSURER D: 19618 S. Susana Road Rancho Dominguez, CA 90221 INSURERE: INSURER F • 2/1/2021 nnv�ewn_�� t%COTicrr`A•rC wn leeQco. RFVICInM MIIMRFR- 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 LTRIN TYPE OF INSURANCE ADDL D SUER WVD POLICY NUMBER POLICY EFF MMIDD POLICY EXP MMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1'000'000 DAMAGE TO RENTED $ 100,000 anggt)MED CLAIMS -MADE FX] OCCUR X X 54310109 2/1/2021 2/1/2022 EXP (Any oneperson) S 6'000 PERSONAL &ADV INJURY S 1'000'000 GEN'LAGGREGATE LIMIT APPLIES PER: X1 POLICY [XI Yoof F-1 LOC GENERAL AGGREGATE S 2'000'000 PRODUCTS -COMP/OP AGG S 2'000'000 Deductible: S 10,000 Per Proj Gen Agg per contract X I OTHER: B AUTOMOBILE LIABILITY OMBINED SINGLE LIMIT 1,000,000 Ea acadent S 20,1," BODILY INJURY Per person)S X ANY AUTO X X 54310108 2/112021 2/1/2022 BODILY INJURY Per accident S OWNED SCHEDULED AUTOS ONLY AUTOS SSyyN AUTOS ONLY A&N O1E P OaaEande DAMAGE $ Liability Ded: $ 0 C UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 1'000'000 AGGREGATE S 1'000'000 X EXCESS LIAB CLAIMS -MADE X 6080553952 3/2/2021 2/1/2022 DED I X I RETENTIONS 10,000 S B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFF15ERIMEMBEREXCLUDED? (Mandatory in NH) NIA X 64310110 2/1/2021 21112022 X PER OTH- TAT TE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT S 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RE: Annual Sand Berm Construction and Removal. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees and volunteers are included as Additional Insureds where required by an executed written contract as respects General Liability and Auto Liability per attached endorsements. This Insurance shall apply as Primary and Non -Contributory where required by an executed written contract as respects General Liability and Auto Liability per attached endorsements. Waiver of Subrogation applies where required by an executed written contract as respects General Liability, Auto Liability, Workers' Compensation and Umbrella Liability per attached endorsements. f`AAIf`CI I ATlnhl ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rignts reservea. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Engineer 211 8th Street, 2nd Floor Seal Beach, CA 90740 AUTHORIZEDREPRESENTATIVE ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rignts reservea. The ACORD name and logo are registered marks of ACORD ACORO° 4111� AGENCY CUSTOMER ID: CREWINC-01 LOC #: ADDITIONAL REMARKS SCHEDULE MBRANDMAN Page 1 of 1 AGENCY License # 0757776 NAMED INSURED Riverside, CA - HUB International Insurance Services Inc. Crew Inc. 1961>� S. Susana Road Rancho Dominguez, CA 90221 POUCYNUMBER EE PAGE 1 CARRIER NAIL CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 r_1■J■JnLai 0WIII THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Insurance Cancellation: Should the policy(ies) be cancelled before the expiration date, Hub International Insurance Services Inc. (Hub), independent of any rights which may be afforded within the policies to the certificate holder named below, will provide to such certificate holder notice of such cancellation within thirty (30) days of the cancellation date, except in the event the cancellation is due to non-payment of premium, in which case Hub will provide to such certificate holder notice of such cancellation within ten (10) days of the cancellation date. AWKU 101 (2005/07) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 54310109 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations The City of Seal Beach, its elected officials, officers, RE: Annual Sand Berm Construction and Removal. attorneys, agents, employees, volunteers and agents Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — 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 for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional' insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: 54310109 COMMERCIAL GENERAL LIABILITY CG 20 371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations, The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, volunteers and agents RE: Annual Sand Berm Construction and Removal. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. 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' or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 C Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: 54310109 COMMERCIAL GENERAL LIABILITY 10-02-2461 (Ed. 7-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE FOR SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Additional Insured: The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, volunteers and agents SCHEDULE Location Of Covered Operations: RE: Annual Sand Berm Construction and Removal. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect only to the Additional Insured and at the Location Of Covered Operations shown in the Schedule, the following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to the Additional Insured with respect to the Location Of Covered Operations shown in the Schedule under this policy provided that: (1) The Additional Insured is a named insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. 10-02-2461 (Ed. 7-15) Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. GL Policy No. 54310109 b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire,, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work'; (ii) That is Fire insurance for premises rented to you or temporarily occu- pied by you with permission of the owner; (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rent- ed to you or temporarily occupied by you with permission of the owner; or (iv) If the loss arises out of the mainte- nance or use of aircraft, "autos" or watercraft. (b) Any other primary insurance available to you covering liability for damages aris- ing out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer de- fends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self- insured amounts under all that other in- surance. (4) We will share the remaining loss, if any, with any other insurance that is not de- scribed in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method al- so. Under this approach each insurer contrib- utes equal amounts until it has paid its appli- cable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable lim- it of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. b. We may audit your books and records as they relate to this insurance at any time during the term of this policy and up to three years after- wards. c. The first Named Insured mustkeep records of the information we need for premium computa- tion, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accu- rate and complete; b. Those statements are based upon representa- tions you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this in- surance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. OTransfer Or Waiver Of Rights Of Recovery Against Others To Us We will waive the right of recovery we would oth- erwise have had against another person or organ- ization, for loss to which this insurance applies, provided the insured has waived their rights of re- covery against such person or organization in a contract or agreement that is executed before such loss. Page 12 of 16 Includes copyrighted material of ISO Properties, Form 10-02-1800 (Rev. 09-17) Inc., with its permission GL Policy No. 54310109 To the extent that the insured's rights to recover all or part of any payment made under this Cover- age Part have not been waived, those rights are transferred to us. The insured must do nothing af- ter loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Coverage C. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi- ration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means an electronic, oral, written or other notice, about goods, products or services, designed for the specific purpose of attracting the general public or a specific market segment to use such goods, products or services. "Advertisement" does not include any e-mail ad- dress, Internet domain name or other electronic address or metalanguage. 2. "Advertising injury" means injury, other than "bodi- ly injury",. "property damage" or "personal injury", sustained by a person or organization and caused by an offense of infringing, in that particular part of your "advertisement" about your goods, products or services, upon their: a. Copyrighted "advertisement"; or b. Registered collective mark, registered service mark or other registered trademarked name, slogan, symbol or title. b. Sickness; or c. Disease; sustained by a person, including resulting death, humiliation, mental anguish, mental injury or shock at any time. All such loss shall be deemed to oc- cur at the time of the physical injury, sickness or disease that caused it. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or dam- age arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Advertising injury" or "personal injury" offenses that take place through the Inter- net or similar electronic means of commu- nication provided the insured's responsibility to pay dam- ages is determined in a "suit" on the merits, in the territory described in Paragraph a. above or in a settlement we agree to. 7. "Employee" includes a "leased worker". "Employ- ee" does not include a "temporary worker". 8. 3. "Asbestos" means asbestos in any form, including its presence or use in any alloy, by-product, com- pound or other material or waste. Waste includes materials to be recycled, reconditioned or re- 9. claimed. 4. "Auto" means: a. A land motor vehicle, trailer or semitrailer de- signed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is li- censed or principally garaged. "Executive officer" means a person holding any of the officer positions created by your charter, con- stitution, by-laws or any other similar governing document. "Fungi" means any type or form of fungus, includ- ing mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. 10."Hostile fire" means one which becomes uncontrol- lable or breaks out from where it was intended to be. 11."Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: However, "auto" does not include "mobile equip- a. It incorporates "your product" or "your work" ment". that is known or thought to be defective, defi- 5."Bodily injury' means physical: cient, inadequate or dangerous; or a. Injury; b. You have failed to fulfill the terms of a contract ry' or agreement; Form 10-02-1800 (Rev. 09- Includes copyrighted material of ISO Properties, Inc., with Page 13 of 16 17) its permission POLICY NUMBER: 54310108 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Crew, Inc. Endorsement Effective Date: 02/01/2021 SCHEDULE Name Of Person(s) Or Organization(s): The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, volunteers and agents RE: Annual Sand Berm Construction and Removal Information required to complete this Schedule if not shown above will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Fors and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage For. CA 20 48 10 13 O Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: 54310108 COMMERCIAL AUTO 16-02-0316 Ed. 10 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY LIABILITY INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Crew, Inc. Endorsement Effective Date: 02/01/2021 SCHEDULE Name(s) Of Person(s) Or Organization (s): The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, volunteers and agents RE: Annual Sand Berm Construction and Removal. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Item 5. — "Other Insurance" of Item B. — "General Conditions" under Section IV — "Business Auto Conditions": e. Regardless of the provisions of Paragraph 5.a. through d. above, for any liability arising out of the ownership, maintenance, use, rental, lease, loan, hire or borrowing by an "insured" of a covered "auto" for which an "insured" is contractually obligated to provide primary insurance coverage to a client, this Coverage Form will be primary and non-contributory with respect to the Persons or Organizations in the schedule, regardless of the availability or existence of other collectible insurance under any other Coverage Form or policy that applies on a primary basis. 16-02-0316 Ed. 10 14 Page 1 of 1 POLICY NUMBER: 54310108 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Crew, Inc. Endorsement Effective Date: 02/01/2021 SCHEDULE Name(s) Of Person(s) Or Organization(s): The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, volunteers and agents RE: Annual Sand Berm Construction and Removal. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 44 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 99 03 04 (Ed. 7- 08) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 0 2 / 01 /2 0 21 at 12:01 A. M. standard time, forms a part of (DATE) Policy No. 54310110 of the Federal Insurance Company (NAME OF INSURANCE COMPANY) issued to Crew, Inc. Endorsement No. Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for the blanket waiver offered by this endorsement shall be 0.00 % of total California premium. Schedule Person or Organization WHERE REQUIRED BY WRITTEN CONTRACT. WC 99 03 04 (Ed. 7-08) Job Description CMA CNA Paramount Excess and Umbrella Liability Policy Assignment of interest under this policy shall not bind the Insurer unless its consent is endorsed hereon. V. Unintentional Omission Based on Insurer's reliance on the Named Insured's representations as to existing hazards, if the Named Insured should unintentionally fail to disclose all such hazards at the effective date of this Policy, the Insurer will not deny coverage under this Policy because of such failure. OWaiver of Rights of Recovery The Insurer waives any right of recovery it may have against any person or organization because of payments the Insurer makes under this Policy if the Named Insured has agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. is in effect or becomes effective during the policy period; and 2. was executed prior to loss. VII. DEFINITIONS For purposes of this Policy, words in bold face type, whether expressed in the singular or the plural, have the meaning set forth below. Advertisement means a notice that is broadcast or published to the general public or specific market segments about the Named Insured's goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: A. notices that are published include material placed on the Internet or on similar electronic means of communication; and B. regarding web -sites, only that part of a web -site that is about the Named Insured's goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Aircraft means any machine or device that is capable of atmospheric flight. Arbitration proceeding means a formal alternative dispute resolution proceeding or administrative hearing to which an Insured is required to submit by statute or court rule or to which an Insured has submitted with the Insurer's consent. Asbestos means the mineral in any form whether or not the asbestos was at any time airborne as a fiber, particle or dust, contained in or formed a part of a product, structure or other real or personal property, carried on clothing, inhaled or ingested, or transmitted by any other means. Authorized Insured means any executive officer, member of the Named Insured's risk management or in-house general counsel's office, or any employee authorized by the Named Insured to give or receive notice of a claim. Auto means: A. a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or B. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, auto does not include mobile equipment. Bodily injury means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the bodily injury, sickness or disease. Claim means a: A. suit; or Form No: CNA75504XX (03-2015) Policy No: 6080553952 Policy Page: 22 of 32 Policy Effective Date: 03/02/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 ® Copyright CNA All Rights Reserved. Memo To: Gloria D. Harper, City Clerk From: David Spit P.E., Associate Engineer P.E. QSD Date: November 10, 2021 Re: Crew Inc. Hi Gloria, The scope of the attached agreement with Crew, Inc. is restricted to construction of the winter sand berm. There will be neither professional design components nor other professional components to this work. Therefore, the contract is not required to have professional liability. Thank you. THE HANOVER INSURANCE COMPANY Principal: Crew, Inc. 19618 S. Susana Road Rancho Dominguez, CA 90221 Obligee: City of Seal Beach 211 8th Street Seal Beach, CA 90740 Bond Amount: $ 233,835.75 CONTINUATION CERTIFICATE Bond No.: 1064326 Continuation Term: From: July 22, 2021 To: July 22, 2022 Agent: Alliant Insurance Services, Inc. 701 B Street, 6th Floor San Diego, CA 92101 Premium: $ 2,444.00 It is hereby agreed that the above referenced captioned numbered Bond issued by The Hanover Insurance Company (hereinafter the "Surety") is continued in force in the above amount for the Continuation Term period of the continued term stated above, and is subject to all the covenants and conditions of said Bond. This Continuation Certificate shall be deemed a part of the original Bond, and not a separate obligation, no matter how long the Bond has been in force or how many premiums are paid for the Bond, unless otherwise provided for by statute or ordinance applicable. Surety's liability under said Bond and for all continuation certificates issued in connection therewith shall not be cumulative and shall in no event shall the liability of the Surety exceed the amount as set forth in the Bond or in any additions, riders, or endorsements properly issued by the Surety as supplements thereto. In witness whereof, the company has caused this instrument to be duly signed, sealed and dated as of the above "continuation effective date." TBTFcR INSURANCE COMPANY MahonAttorney-In-Fact CALIFORNIA ALL-PURP05E ACKNOWLEDGMENT Civil Code § A notary public or other officer completing this certificate verities 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 San Diego On OCT 2 8 2021 before me, Maria Guise Date Insert Name of Notery exactly as it appears on the official seal personally appeared Lawrence F. McMahon Name(s) of Signer(s) MARIA GUISE E COMMISSION #2283717 3 E = Notary PI tic- CalTomia 3 ORANGE COUNTY ` My Comm ExprasApr 14.2023 Place Notary Seal Above 1189 , Notary Public, who proved to me on the basis of satisfactory evidence to be the person(14 whose nameW is/#f# subscribed to the within instrument and acknowledged to me that he/Iyt/(jj' executed the same in hislftffllfnt authorized capacity( and that by his/fi#f/XW signature(Q on the instrument the persona, or the entity upon behalf of which the person((M acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and FlIfficial seal. Signature �h Signature of Notary Public Maria Guise OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General [9 Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑, Other. Signer is Representing: Surety Company Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): — ❑ Partner ❑ Limited ❑ General ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OFAMERICA, a corporation organized andexisting underthe laws of the State of Michigan, (hereinafter individually and collectively the "Company' does hereby constitute and appoint, Lawrence F. McMahon, Sarah Myers, Lilia De Loera, Maria Guise, andfor Janice Martin Of Alliant Insurance Services, Inc. of San Diego, CA each individually, if there be mon: than one named, as its true and lawful attomey(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duty signed by the president and attested by the secretary of the Company, In their own proper persons. Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any such obligations in the United States, not to exceed Twenty Five Million and Nall 00 ($25,000,000) in any single instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attomeys-in-fact of the Company, In its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all otherwritings obligatory in the nature thereof, with powerto attach thereto the seal of the Company. Any such writings so executed bysuch Attomeys-in-fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President orVice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October 7, 1981— The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 — Citizens insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, dulyattested bytwo Vice Presidents, this 6th day of February, 2019. The Hanover Insurance Company Massachusetts Bay Ins4ance Company Citizens Insurance CoTnyof America John C. Roche, EVP andFresident THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. The Hanover Ins a mce, Company Massachusetts, Bay rasurance Company Citizens Insurer=" Company of America JamesH. Satviecla, Vice President On this 6th day of February, 2019 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover insurance Company, Massachusetts Bay insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and theirsignatures as officers were dulyaffixed and subscribed to said instrument by the authority and direction of said Comorations. ouue r }yyrpQ� +iaa ar r�d l'ublNM Yr�� J. NucuY Public -=1Ca 1 *-17 m VApi, Stn,ch 4.2022 i, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Odginal ower_of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are stili in force and effect. GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 22nd, day of -July, 2027, CERTIFIED COPY - 71xod3tz G INtMine:, VIxPcesidentJ 0 o 4 C" 0 CD0 CO CD M N CO n 1 0 0 E9 .RiH21tGi8C1w .a o 00 M X ON Z a C� N ren IS O Mm v Od � cn - m COZ* COX CO MZ d iC7 v 56MM413A FEM After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Waming: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-deliverymisdeliveryor misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including Intrinsic value of the package, loss of sales, income Interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. PUBLIC WORKS AGREEMENT FOR ANNUAL SAND BERM CONSTRUCTION AND REMOVAL between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Crew, Inc. 19618 S. Susana Road Rancho Dominguez, CA 90221-571 P — (310) 608-6860 F — (310) 608-6865 THIS AGREEMENT is made as of July 22, 2019 by and between the City of Seal Beach, a California charter city ("City"), and Crew, Inc., a California Corporation ("Contractor"). RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Annual Contract for Sand Berm Construction and Removal ("Project") with respect to design criteria; and B. WHEREAS, Crew Inc. ("Contractor"), a California Corporation, has submitted a bid to City for the Project dated April 24, 2019 in the amount of $379,982.00 ("Accepted Proposal"). The Accepted Proposal is attached hereto as Exhibit G and contains, among other things, provisions defining the Project Scope of Work ("Work"). NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: AGREEMENT Contractor's Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Agreement, Contractor shall perform and complete in good and workmanlike manner the 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 this Agreement between the City and the Contractor are the: Notice Inviting Bids, Instructions to Bidders, Accepted Proposal, Non -Collusion Affidavit, Bid Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms for Check or Bond, Plans and Specifications dated February 25 2019, 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 and Specifications, and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 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: Term. 2.1 Effective Date. This Agreement is effective as of July 22, 2019 (the "Effective Date"), and shall remain in full force and effect for two years through and including 11:59 p.m. on July 22, 2021, unless previously terminated or extended as provided in this Agreement. 2.2 City may extend the term of this Agreement for two (2) consecutive additional periods of two (2) years each ("Extended Term") by giving notice of its desire to extend to Contractor not less than thirty (30) days prior to the end of the term or any individual extension period. Upon mutual agreement of the parties to the terms of the extension, the parties shall execute an amendment to this Agreement. Payment. 3.1 For performing and completing the Work over the two-year Term, in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of $379,982.00 (three hundred seventy nine thousand nine hundred and eighty two dollars and zero cents), subject to any additions and deletions pursuant to the terms of this Agreement and the Contract Documents incorporated herein. 3.2 In the event that this Agreement is extended pursuant to Section 2.2, the payment amount set forth in Section 3.1 shall be adjusted at the beginning of the Extended Term , based on the lesser of either (a) changes to the Consumer Price Index for Los Angeles -Long Beach -Anaheim, CA, all urban consumers, not seasonally adjusted (1982-84=100) as most recently reported by the Bureau of Labor Statistics for the 12 -month period extending backwards from the most recent April 30th to the previous May 1st, or (b) three percent (3%). No adjustment amount shall be due, owing or paid to Contractor by City until approved in advance by the City Manager. 3.3 Each sum set forth in Section 3.1 and 3.2 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 in writing 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. 3.3 City will not compensate Contractor for any services performed that are not specified in Section 1 of this Agreement unless the City authorizes such work in advance and in writing. 4. Contractor's Personnel. 4.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of city officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the work performed pursuant to this Agreement. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Indemnification. 5.1 Contractor's Duty. To the maximum extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend with competent defense counsel approved by the City Attorney, protect, indemnify, and hold harmless City, its elected and appointed officials, officers, employees, volunteers, attorneys, agents (including those City agents serving as independent contractors in the role of City representatives), successors, and assigns (collectively "Indemnitees") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or resulting from any act, failure to act, error or omission of Contractor or any of its officers, agents, attorneys, servants, employees, Subcontractors, material suppliers or any of their officers, agents, servants or employees, and/or arising out of, incident to, related to, in connection with or resulting from any term, provision, image, plan, covenant, or condition in the Contract Documents; including, without limitation, the payment of all consequential damages, attorneys' fees, experts' fees, and other related costs and expenses (individually, a "Claim," or collectively, "Claims"). Contractor shall promptly pay and satisfy any judgment, award or decree that may be rendered against any of the Indemnitees as to any such Claim. Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable or whether the Claim was caused in part or contributed to by an Indemnitees. 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 Civil Code Exception. Nothing in Section 5.1 shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or City's active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 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. 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. 5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees. 5.6 Survival. The provisions of this Section 5 shall survive the term and termination of the Agreement, are intended to be as broad and inclusive as permitted by the law of the State of California, 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. 6.1.2 Exhibit D-2: Additional Insured Endorsement - Automobile Liability. 6.1.3 Exhibit D-3: Additional Insured Endorsement. 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 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 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 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 admitted to do business in California with a current A.M. Best's rating of no less than A:VII 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 damage incurred by reason of failure to complete the Contract is the per diem rate of 750 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: Crew, Inc. 19618 S. Susana Road Rancho Dominguez, CA 90221-5716 Telephone: (310) 608-6860 Fax: (310) 608-6865 Attn: David M. Lalonde, President 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 categorized 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 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. CITY OF SEAL BEACH By: Atte: By: Appi LOM CONTRACTO 7--- By !/L1 Name: Andrew J. Kerr Title: Chief Financial Officer Name: Title: 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 Los Angeles Subscribed and sworn to (or affirmed) before me on this 10th day of July , 20 19, by Andrew Jefferson Kerr proved to a on the basis of satisfactory evidence to be the person(sho appeared before me. CAROLINA TORRES e Notary Public - California <. Lcs Angeles County z Commission # 2154892 D �m I. E Hires May 27, 2020 (Seal) Signature— POLICY NUMBER: AlCG94241810 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: WHERE REQUIRED BY AN EXECUTED WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 0 POLICY NUMBER: Al CA94241810 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Crew, Inc. Endorsement Effective Date: 02/01/2019 SCHEDULE Name Of Person(s) Or Organization(s): WHERE REQUIRED BY AN EXECUTED WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 OLD REPUBLIC GENERAL INSURANCE CORPORATION ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. SCHEDULE Name of Person(s) or Organization(s) : WHERE REQUIRED BY AN EXECUTED WRITTEN CONTRACT. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. If the person or organization shown in the schedule qualifies as an 'insured' for Liability Coverage, and they have coverage as a first named insured under another policy, this policy is primary to and non-contributory with that other insurance. All other terms, conditions, and exclusions apply. Named Insured Crew, Inc. Policy Number Al CA94241810 Endorsement No. Policy Period 02/01/2019 to 02/01/2020 Endorsement Effective Date: 02/01/2019 Producer's Name: Producer Number: CA EN GN 0044 02 12 Page 1 of 1 POLICY NUMBER: Al CA94241810 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Crew, Inc. Endorsement Effective Date: 02/01/2019 SCHEDULE Name(s) Of Person(s) Or Organization(s): WHERE REQUIRED BY AN EXECUTED WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 44 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule WHEN REQUIRED BY WRITTEN CONTRACT. The premium charge for this endorsement is $0.00. Named Insured Crew, Inc. Policy Number AlCW94241810 Endorsement No. Policy Period 02/01/2019 to 02/01/2020 Endorsement Effective Date: 02/01/2019 Producer's Name: Producer Number: WC 99 03 15 (09/06) Policy No. XSC30000476701 WAIVER OF SUBROGATION THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. We agree to waive our right of subrogation against any person or organization to whom or to which you are obligated, prior to any loss, by an "insured contract" to provide such a waiver, but only with respect to "your work", "your product" or facilities owned or used by you. This endorsement does not change any other provision of the policy. Endurance Risk Solutions Assurance Co. Page 1 of 1 EXL 6092 0813 EXHIBIT A FAITHFUL PERFORMANCE BOND EXHIBIT B PAYMENT BOND EXHIBIT C WORKERS' COMPENSATION INSURANCE CERTIFICATE EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT (COMMERCIAL GENERAL LIABILITY) EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT (AUTOMOBILE LIABILITY) EXHIBIT D-3 ADDITIONAL INSURED ENDORSEMENT EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS EXHIBIT F LABOR LAW REQUIREMENTS EXHIBIT G ACCEPTED PROPOSAL (NOTE. Exhibits will not be included with the contract at the time of award. The Contractor will have 10 working days to submit all exhibits to the City after the award of contract. Failure to do so will result in voiding of the contract. The City will then have the right to cash the bid bond for the proiect and re -advertise for construction or award to the next lowest responsive bidder.) DUPLICATE ORIGINAL EXHIBIT A FAITHFUL PERFORMANCE BOND Page D-37 DUPLICATE ORIGINAL Executed in Duplicate Bond No. 1064326 Bond Premium—$3,420.00.-.- Premium remium$3,420.00Premium subject to adjustment based on final contract price PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that. WHEREAS the City of Seal Beach, has awarded Crew, Inc.,_1.9618 S. Susana Road, Rancho Dominguez, CA 90221-5716 (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: Annual Winter Sand Berm Construction and Removal Contract. WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and The Hanover Insurance Compaq, 5 Hutton Center Drive, Suite 1060 -Santa Ana, -CA 92707___ - (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Three Hundredynty Nine Thousand Nine Hundred Eighty Two and 00/100 Dollars ($ 379,982.00 ), 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, 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. Dated: July 12, 2019 "Principal" "Surety" Crew, Inc.The_Hanover Insurance Company Page D-38 By. JABy: It. Damn A. Lalonde, V.P. By _ _ _.__. By: Its Its Attorney -in -Fact, Maria Guise its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Page D-39 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 '`riPC.P'f�iG`F'.G�C�/rY`.lrf`C`!'!`�`f`� ��R`MY� �f`�+A�iiY.�&�`�Y�rLi�^rC�'cGY��'%•<�,E�.i=`.f`F;�`.cJCli`S.tG'�`afi'.4.•f:F`.�_Y'.i�Y` - "- MM 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 Los Angeles On October 25th, 2019 before me, Erika A. Arauio, Notary Public Date Here Insert Name and Title of the Officer personally appeared Darrin A. Lalonde Name(f of Signer($)/ who proved to me on the basis of satisfactory evidence to be the person(N) whose name(* is/am subscribed to the within instrument and acknowledged to me that he/st>seftmy executed the same in his/1M it authorized capacity(), and that by hisAPaMr signature( on the instrument the person(A), or the entity upon behalf of which the person(s) acted, executed the instrument. *my ERIKA A. ARAUJO Notary Public - California zLos Angeles County Commission it 2234867 Comm. Expires Mar 18, 2022 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature G Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Performance Bond Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(lies) Claimed by Signer(s) Signer's Name: 7 Corporate Officer — Title(s): 7 Partner — J Limited L i General 1 Individual 7, Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner — ___ Limited -' General Individual i� Attorney in Fact Trustee O Guardian or Conservator Other: Signer Is Representing: ©2014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 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 OCT —9 4 2313 Date personally appeared before me, Reece Joel Diaz REECE JOEL DIAZ =Gr Notary Public - California Orange County > My Commission # 2294772 Comm, Expires Jun 25, 2023 Place Notary Seal Above Insert Name of Notary exactly as it appears on the official seal Maria Guise Name(s) of , Notary Public, who proved to me on the basis of satisfactory evidence to be the person(W whose nameWh is/#f# subscribed to the within instrument and acknowledged to me that he/fir#/M#g executed the same in his/fI#f/#Wf authorized capacityu#!), and that by his/n###A* signature(/Q 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. Witness my ha and ici eal. Signature Signature 07 ry ub c OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner ❑ Limited ❑ General 9 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name ❑ Individual ❑ Corporate Officer—Title(s): — ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, (hereinafter individually and collectively the "Company") does hereby constitute and appoint, Michael Parizino, Rachelle Rheault, Jeri Apodaca, James Schaller, Rhonda C. Abel, Kim Luu, Jeffrey Strassner, Patricia S. Arana, Tim M. Tomko, Natalie K. Trofimoff and/or Maria Guise Of Alliant Insurance Services, Inc., Newport Beach, CA, each individually, if there be more than one named, as its true and lawful attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any surety bond, recognizance or obligation in the United States, not to exceed Twenty Five Million Dollars ($25,000,000.00) in any single instance. That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October 7, 1981 — The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 — Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 29th day of December, 2015. THE HANOVER INSURANCE COMPANY MASSACHUSETTS SAY INSURANCE COMPANY CITIZENS URANCE�OMPANY OP AMERICA Rob erl niUR1a5. V it v Pr�.__........ THE HANOVER INSURANCE COMPANY MA 8 HUSETT. BAY 1 RA! CE COMPANY CIT EN 1 SUR CE OF AMERICA THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss.h V.—Pe., em On this 291h day of December 2015 before me came the above named Vice Presidents)The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. it R% ter. OI�r11 o Irrw M, oo w.l.ral 4+. Diene J N, Public M, C,nnnus. .. E,,nrc Mt h .A. 20�2 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 12th day of July 2019 CERTIFIED COPY ---� --" 4 T eDdore G Martirwz, Vice President DUPLICATE ORIGINAL EXHIBIT B PAYMENT BOND Page D-40 DUPLICATE ORIGINAL Executed in Duplicate Bond No. 1064326 Bond Premium Included in the Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded Crew Inc. 19618 S Susana Road. Rancho Dominque CA 90221-5716 (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: Annual Winter Sand Berm Construction and Removal Contract. 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 The Hanover Insurance Company, 5 Hutton Centre Dr. Suite 1060 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 Three Hundred Seventy Nine Thousand Nine Hundred Eighty Two and 00/100 _ Dollars ($ 379,982.00 this amount being not less than fifty percent (50%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our 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. 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 Page D-41 name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: July 12, 2019 "Principal" "Surety" By: Its BY —_ DaMn A. Lalonde V.P. Its The Hanover Insurance Company By: Maria Guise Its �'—rney in -Fact BY Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Page D-42 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ��-�•••,[�E:c f,�^rnr.n _—"_i�.f',c�('.�=fi,�:tsc�cYc<',r-:f:c-_r.,�'f,�t`,r:l�.c�[`.— �.r 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 Los Angeles ) On October 25th, 2019 before me, Erika A. Arauio, Notary Public Date Here Insert Name and Title of the Officer personally appeared Darrin A. Lalonde Name(f of Signer($)/ who proved to me on the basis of satisfactory evidence to be the person(IO whose name( is/ace subscribed to the within instrument and acknowledged to me that he/stpeICbtmy executed the same in his/f m it authorized capacity(im), and that by his/&V r signature(jkj on the instrument the person(,$), or the entity upon behalf of which the person(s) acted, executed the instrument. *my ERIKA A. ARAUJO Notary Public - California Los Angeles CountyCommission # 2234867 Comm. Expires Mar 18, 2022 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature G `- Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond Document Date: Number of Pages: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: I Corporate Officer — Title(s): Partner — J Limited L. 1 General ❑ Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: _ Corporate Officer — Title(s): Partner — --Limited 7 General Individual 17 Attorney in Fact Trustee L Guardian or Conservator 7 Other: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 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 Date before me, Reece Joel Diaz , Notary Public, Insert Name of Notary exactly as it appears on the official seal personally appeared Maria Guise Name(s) of Signer(s) OMy REECE JOEL DIAZ Notary Public - California Orange County Commission N 2294772 Comm. Expires Jun 25, 2023 who proved to me on the basis of satisfactory evidence to be the person() whose name(W is/#f# subscribed to the within instrument and acknowledged to me that he/ft/rr y executed the same in hisftffflof authorized capacityu##), and that by his/h##/ signature(Q on the instrument the person(/$p, or the entity upon behalf of which the personQM acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my h a offi 'al seal. Signature Place Notary Seal Above Sign lure to ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General R1 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): — ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, (hereinafter individually and collectively the "Company") does hereby constitute and appoint, Michael Parizino, Rachelle Rheault, Jeri Apodaca, James Schaller, Rhonda C. Abel, Kim Luu, Jeffrey Strassner, Patricia S. Arana, Tim M. Tomko, Natalie K. Trofimoff and/or Maria Guise Of Alliant Insurance Services, Inc., Newport Beach, CA, each individually, if there be more than one named, as its true and lawful attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any surety bond, recognizance or obligation in the United States, not to exceed Twenty Five Million Dollars ($25,000,000.00) in any single instance. That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be binding upon the Company as if they had been duly exectged and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October 7, 1981 — The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 — Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 29th day of December, 2015. 914, (C.-. 1 a ) THE HANOVER INSURANCE COMPANY MASSACHUSETTS ®AY INSURANCE COMPANY CITIZENS URANCE OMPANY OF AMERICA Robert rhomas, V ice Pre ident THE HANOVER INSURANCE COMPANY t1re. 8 IIUSETT SAY 1 RA CE COMPANY CI EN 1 8UR ICE OF AMERICA THE COMMONWEALTH OF MASSACHUSETTS ) , COUNTY OF WORCESTER ) ss. 7The On this 29th day of December 2015 before me came the above named Vice PresidentsHanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. OWN J. m"No NIIwp P%"o Id�d I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 12th day of July 2019 CERTIFIED COPY Theodore G h4artinez, Vice Presiden�,. CREWINC-01 CLICK .d►coRv CERTIFICATE OF LIABILITY INSURANCE DATD/YYYY) 7//12/212/2019 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 have ADDITIONAL INSURED provisions or 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 License # 0757776 CONTACT NAME: Newport Beach, CA - HUB International Insurance Services Inc. Fn1"co,"N , Ext): (949) 623-3980 FAX No): 891-0407 4695 MacArthur Court, Suite 600 - ( ) Newport Beach, CA 92660 ADDRESS: INSURED Crew, Inc. 19618 S. Susana Road Rancho Dominguez, CA 90221 INSURER(S) AFFORDING COVERAGE NAIC 0 INSURER A:Old Republic General Insurance Corp. 24139 INSURER B: Endurance Risk Solutions Assurance Company 43630 INSURER C: INSURER D: INSURER E: INSURER F: rnVFRAnI=Q L`CDTICIr`ATC All 1YQCD• GC\/ICIr1A1 All IAaGCC. 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. ILTR TYPE OF INSURANCE ADDL SUNSD WBR' POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'006 CLAIMS -MADE X OCCUR X X AICG94241810 2/1/2019 2/1/2020 DAMAGE TO _$ 100'000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1'000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ 2'000'000 POLICY X JEeT LOC PRODUCTS - COM P/OPAGG $ 2,000,000 OTHER: Deductible: $ 10,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO X X AICAS4241810 2/1/2019 2/1/2020 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOSBODILYBODILY INJURY (Per accident) $ _ AUTOS ONLY AUTOS ONLY (Per aid ntDAMAGE $ Liability Ded: $ 0 B UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1'000,000 X EXCESS LIAB CLAIMS -MADE X XSC30000476701 2/1/2019 2/1/2020 _AGGREGATE _ $ 1'000,000 DED X RETENTION $ 0 $ A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS' LIABWTY Y/N STATUTE ER _ ANY PROPRIETOR/PARTNER/EXECUTIVE X A1CW94241810 2/1/2019 2/1/2020 1,000,000 OFFICER/MEMBER EXCLUDED? NIA E.L. EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE_ - EA EMPLOYEE $ 1'000'000 It yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space is required) RE: Annual Sand Berm Construction and Removal. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, designated volunteers and agents serving as independent contractors in the role of City officials are included as Additional Insureds where required by an executed written contract as respects General Liability and Auto Liability per attached endorsements. This Insurance shall apply as Primary and Non -Contributory where required by an executed written contract as respects General Liability and Auto Liability per attached endorsements. Waiver of Subrogation applies where required by an executed written contract as respects General Liability, Auto Liability, Workers' Compensation and Umbrella Liability per attached endorsements. CCRTICICATC LIr11 n1=0 r`A\Ir M I AT1^ ALrUKU Zb (ZU1b/U3) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Engineer ACCORDANCE WITH THE POLICY PROVISIONS. 211 8th Street, 2nd Floor AUTHORIZED REPRESENTATIVE Seal Beach, CA 90740 ALrUKU Zb (ZU1b/U3) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD / 1 ACORO` AGENCY CUSTOMER ID: CREWINC-01 LOC #: 1 ADDITIONAL REMARKS SCHEDULE CLICHT Page 1 of 1 AGENCY License # 0757776 NAMED INSURED ewport Beach, CA - HUB International Insurance Services Inc. Crew Inc. 1961$ S. Susana Road Rancho Dominguez, CA 90221 POLICY NUMBER EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Cancellation: Should the policy(ies) be cancelled before the expiration date, Hub International Insurance Services Inc. (Hub), independent of any rights which may be afforded within the policies to the certificate holder named below, will provide to such certificate holder notice of such cancellation within thirty (30) days of the cancellation date, except in the event the cancellation is due to non-payment of premium, in which case Hub will provide to such certificate holder notice of such cancellation within ten (10) days of the cancellation date. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: Al CG94241810 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations WHERE REQUIRED BY AN EXECUTED WRITTEN LOCATIONS AS REQUIRED BY AN CONTRACT. EXECUTED WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. 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 for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 C Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: Al CG94241810 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations WHERE REQUIRED BY AN EXECUTED WRITTEN CONTRACT, BUT ONLY WHEN COVERAGE FOR LOCATIONS AS REQUIRED BY AN COMPLETED OPERATIONS IS SPECIFICALLY EXECUTED WRITTEN CONTRACT. REQUIRED BY THAT CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. 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" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 C Insurance Services Office, Inc., 2012 Page 1 of 1 OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Location(s) of Covered Operations Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so, we will share with that other insurance by the method described in paragraph 4.c. of Section IV — Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured Crew, Inc. Policy Number Al CG94241810 Endorsement No. Policy Period to 02/01/2020 Endorsement Effective Date: 02/01/2019 Producer's Name: Producer Number: CG EN GN 0029 09 06 EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS Page D-52 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.15] [Public Contract Code § 20103.51 1, the undersigned, certify that 1 am aware of the following provisions of California law and that 1, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as 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 Page D-53 verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre -qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License No.: -&,74.01— Class:--j!!�_Cla CP l Expiration Date: g Date: //,.2k a" 'l - Page D-54 EXHIBIT F LABOR LAW REQUIREMENTS Page D-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: I. 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 provisions before commencing the performance of the work of this contract." Date /�—%/-- / 9Signatur 'T Page D-56 INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECT OR WORK: Annual Winter Sand Berm Construction and Removal Contract. Indemnitors) (list all names): 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. "Indemnitors%' Name /`7wrgu) Name: By: G — ego KJ t afC • By: Its Its Page D-57 Section C PROPOSAL Bidders Name Crew, Inc. E MAYOR AND CITY COUNCIL OF THE The undersigned, as bidder, declares that: (1) -this proposal is made without collusion with any other Person, firm 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 project Plans, Specifications, Instructions To Bidders, Proposal, Notice Inviting Sealed Bids and all other contract documents and information furnished therefor and the site of the proposed work; 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 BEACH, to perform said proposed work in accordance with the Plans, ifany, 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. Accompanying this proposal is Bidder's Bond (Insert "cash", "a Cashier's Check", "a certified check", or "a Bidder's Bond in the form fiurnished by the City", as the case may be) in the amount of $ ; 7, q_gg,2_ . an amount equal to at least ten percent (10%) of the total aggregate bid price based on the quantities shown and the unit prices quoted. The undersigned bidder agrees that should bidder be awarded the Contract on the required evidence of the basis hereof and thereafter fail or refuse to enter into a Contract and provide insurance and bonds within 15 calendar days after written notice of the awardthe be forfeited to the city in accordance with Public Contract Code sectio, h, check or bond shall n -the cash, except as otherwise -20174. The undersigned agrees that in the event of such failure, provided in Public Contract Code section the actual amount of damages to the City would be impractical and extremely difficult to determine. In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a contract to furnish all labor, materials and supplies for this project in accordance with the Specifications, Plans other Contract Documents which are on file in the office of the City Engineer of the CITY OF SEAL BEACH, to the satisfaction and under the direction of the Director of Public Works, at the following prices: completed by the undersigned is fixed at 30 working days working days starting from the day after the issuance of the Notice to Proceed. Page C- t i City of Seal Beach California PROPOSAL FOR ANNUAL CONTRACT FOR SAND BERM CONSTRUCTION AND REMOVAL BID SHEET WINTER SAND BERM CONSTRUCTION/REMOVAL 1 1 LS Sand Berm Construction with Backpass - Winter 2019 - Words, per LS $185000 _ - _ ------ -- Figures per LS Total (Figures) $ 185, 000 2. LS Sand Berm Removal - Spring 2020 -------- _ Words, per LS $ 3 O, 000 _ Figures per LS Total (Fig ures) 3. 1 LS Additional hourly work during Year 1 Ten Thousand dollars _ ----_ $10,000.00 _ Words, per LS _--_----__—_-- Figures per LS Total (F� res) $10,000.00 _ 4. 1 LS Sand Berm Construction- Winter 2020 $ 115,000 Words, per LS Figures per LS Total (Figures) 5• l LS Sand Berm Removal - Spring 2021 _ Words, per LS -- - - - Figures --perS Total (Figures) C182 Page C-2 6. 1 LS Ten Thousand dollars Words, per LS TOTAL BID PRICE (items #I through 96) Additional hourly work during Year 2 Total (Figures)y_ $10,000,00 $10,000.00 Figures per LS T-hf�"-h Y-1*— ?4_sevent nine +Koos_ ni 3_ WORDS htAntjfe79,982 gh#e�--two -- 011 a�S FIGURES IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. Page C-3 NOTE. The Cil',,' reserves the right to award a contract to the lowest responsible bidder in parts or in its entirety and reserves the right to reject all bids and re -advertise, as appears to be in the best interests of the City. Abid 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 amounts 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. The undersigned bidder is licensed in accordance with the requirements of the Business and Professions Code, California Contractor's License No.- A, C12, C21, C31(REQUIRED AT TIME OF AWARD)- 696291 _ Class Legal Business Name of Bidder _ Crew, Inc. usiness Address -- -- — ---- 19618 S sang Rd., Rancho Dominguez CA 90221-571E smess Tel.--�_—__-_-- - (310) 608-6860 -------- 19 Vice-President/Secreta ry 'i -nature Date ----_ Title „4/22/19 Vice-President/Secretary ign e Date Title f Signature _ __ _. Date Title 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 partnership/joint venture must be provided, followed by signatures of all of the partners/joint venturers or of fewer than all of the partners/joint venturers 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 venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners, joint venturers, 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. Page C-4 IiNFOR.YIATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Business Address: 19618 S. Susana Road, Rancho Dominguez, CA 90221-5716 Telephone and Fax Number: T- (310)-6 - -- - - - - -08-6860 _F.'_(31_0)508_6865 California State Contractor's License No. and Class: #'696291 (REQUIRED AT TIME OFAWARD) _______ Class; A, C12, C21, C31 Original Date Issued: 2/3/94 Expiration Date: 6/30/20 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Darrin A. Lalonde, Vice -President The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures. and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone David M. Lalonde President 19618 S. Susana Road, Rancho Domin uez, CA 90221-5716 (310) 608-6860 Darrin A. Lalonde Vice -President 618 S. Susana Road, Rancho Dominguez, CA 90221-5716 (310)608-6860 Corporation organized under the laws of the State of California The dates of any voluntary or involuntary bankruptcy judgements against any principal having an interest in this proposal are as follows. - N/A ------------ page C-5 All current and pr G.B.A.'s, aliases, and ficti proposal this proposal are ass follows: tious business names for any principal having interest in N/A For all arbitrations, la -suits, settlements or the like (in or out of court) you have been involved in with project owners (public agencies, private companies, etc...) in the past five years (Attach additional Sheets if necessary) provide; Provide the names, addresses and telephone numbers of the parties; --- -- -- N/A Briefly summarize the parties' claims and defenses; ------------------------------- State the tribunal (i.e., Superior Court, American Arbitration Association, etc.) the matter number and outcome. ---------- Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. --------------- Have you ever been terminated for cause and then had it converted to a "termination of convenience"? If so, explain. _ No For any projects you have been involved with in the last 5 years did you have any claims or actions: Circle One I By you against the owner? Yes / 2. By the Tner against you? Yes /M Page C-6 3, By any outside agency or individual for Labor con-ipiiance (i.e. 4701 failure to pay prevailing mage, falsifying certified payrolls, etc-) No n 4. Yes / 4. By Su contractors (Stop Notices, etc.) Yes /E° 5. Are any claims or actions unresolved or outstanding? Yes / i�o If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a comptete and accurate manner may be considered non-responsive. Subscribed and sworn to before me By This April -- day of -22 __- z© Vid nd 1.9 ( nt n e ne or reside to rpor ti mpany) (Signature of Notary Republic) - -- - ignature) _ ___ Vice-President/Secretary (SEAL) (Title) _ _ _ 2/19 Date) n re a o ra Page C-7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the State of California ) County of Los Angeles ) On April 23rd, 2019 before me, Erika A. Arayjo Notary Public Date Here Insert Name and Title of the Officer Personally appeared Darrin A. Lalonde Name(f) of Signer($)/ who proved to me on the basis of satisfactory evidence to be the person(* whose name(K) is/Rae subscribed to the within instrument and acknowledged to me that he/stpey executed the same in his/,. ,: it authorized capacity(), and that by hist/Mr signature(§ij 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. ERIKA A. ARAUJO WITNESS my hand and official seal. > Notary Public - California Los Angeles County s f/3CJ Commission # 2234867 Signature My Comm. Expires Mar 18, 2022 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: 9 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 7 Corporate Officer — Title(s): 7J Partner — __I Limited L 1 General 1 Individual Attorney in Fact Trustee Guardian or Conservator J Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner — -- Limited General Individual 1—i l Attorney in Fact Trustee __. Guardian or Conservator 7 Other: Signer Is Representing: ©2014 National Notary Association ^ www.NationalNotary org ' 1 -800 -US NOTARY (1 -800-876-6827) Item #5907 �z EFE 14'CES,� Contrcactoy rnz1st use this form,'!./ Please print or type. Bidders Name Crew, Inc. FAIL;RE OF THE BIDDER 1`0 PROVIDE: Al.[ RF.QU[R ED iNFORNIATION [N A COMPLETE AND ACCURA"IE tNIANNER MAY BE CONSIDERED VON-RF.SPONS[VE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: I Project Name/_dumber Phase II of the New Wiseburn High School Project Project Description Construction of new pool and gymnasium, site improvements, and modernization. Approximate Construction Dates From to 12/1/2017 - 1/19/2018 Agency Name Wiseburn Unified School District Contact Personan FoUch - - __ -- Telephone (949 502-4000 Original Contract Amount$ 2 122 870 z . Final Contract Amount $ 2,122,870 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 2 Project NameiN umber Perris High School No. 4 Project Description Construction of new high school including classrooms and parking lots. Approximate Construction Dates From - 3/4/2Q19 to 3/31/2020 Agency dame Perris Union High School District Contact PersonRo Wager I - _W Telephone (goo 947-3768 Original Contract Amount $ 8,940,QQQ.._.__. Final Contract Amount $ $,940,000__.._ If final amount is different from original, please explain (change orders, extra work, etc.) N/A Page C-8 Did you file any claims against the Agency? Did the Agency rile any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. --- - ---- ---------- -- ----- __ No Project Name,i'�umbel. - Banning High School Project Description Construction of new classroom buildings parking lot, site improvements Approximate Construction Dates From 12/1/2018 to _8/30/2019 Agency Name Banning Unified School District Contact Person Robin Weise Telephone (909) 476-0590 -- Original Contract Amount $ 2,168,000 Final Contract Amount $ 2,168, 000 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. i 4 Project Name/Number _____Torrance Elementa School Modernizations Project Description Construction of new classroom buildings and site improvements. Approximate Construction Dates From 7/2/2018 to 9/6/2018 Agency Name Torrance Unified School District Contact Person David Meyer _-._----_--__ _-----�----____-- - _ Telephone (949) 502=4000 Original Contract Amount $ 751,00-0 Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Page C-9 Nc 5Project Name/dumberOak Vlew Elementary School Gymnasium Project Description Construction of new gymnasium and site improvements. Approximate Construction Dates From 5/31/201$_ to Agency game Ocean View School District Contact Person Anne Acurso Telephone (9091.476-0590 Original Contract Amount $ 194750 __ Final Contract Amount $ _194',750 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. - -------------- 6 Project Name/Number Irvine Science Labs Project Description Construction of three new science labs and site im rovements. J p — ---- — - . Approximate Construction Dates From ---6/4/2018 _-_ to 8/31 /2018 Agency Name - _ __-_--_ - Irvine Unified _School Dista -- ---- - _ Contact Person LaNette Barris lelcpiione (909 947-3768__ _ Original Contract Amount $ 358,800 Final Contract Amount $ 358,800_ _ If final amount is different from original, please explain (change orders, extra work, etc.) -- ---_ NI/Al ----------- ___ ---- Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No Page C- 161 -1., Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Page C- i 1 DESIGNATION OF SURETIES Bidder's name Crew, Inc, Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Insurance: HUS International Services, Inc. 4695 Macarthur Court, Suite 600, Newport Beach, CA 92660 .--(9-4 9) -623 -398 -0r - Bond: ) 623-3980 Bond: Alliant Insurance Services, Inc. - - S Street, 6th floor, San Die oL CA 92101 P: _(61-9) _849-3851 Page C-12 ACKNOWLEDGEMENT OE ADDENDA Bidder's name Grew Inc. The bidder shall signify receipt of all Addenda here, if any: Page C-13 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Grew, Inc. Record Last Five (5) Full Years Current Year of Record — - -n»•• �• _,_�� «� «� uic �'auic as iequlrea for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. Legal Business Name of Bidder _ Grew, Inc. Business Address: 19618 S. Susana Rd., Rancho Dominguez, CA 90221-5716 Business Tel. No.: (310) 608-6860 State Contractor's License No. and Classification: #696291 _ A, C12, C21, C31 Title Vice-President/Secretary The above information was com filed from the records t a vailably eat this time and I declare under penalty of perjury that w e in ormatio is tr an a c ate ithin e lim ations of those records. Signature of bidder Date _""'- � -- �---_ -A — Signature of bidder MLI _ Title Vice-President/Secretary � - �-- Date Title -- Signature of bidder ---- -_ Date ---- — — ---- --- �_________._____--_--------- ---------____._._-- Title ---- ---- ----- _------- Signature of bidder - Date - Title_ -_--- Page C-14 ----Current Year of Z 2 T o 1 2 p I z z o I Total Year � ----- No. ot'contracts Record8 - ' 7- - 5 - 1 5 1 i_ a i I 28 i---- 53 47 48 48 48 272 Total- - dollar j Amount Of Contracts (in$ t , $15 M $19.9 M' $19.8 $18.5 $18.5 $15-5' 107.2 M Thousands of —� No. of fatalities } ® ® O 0 _ 0-�0 o No. of last Workday ® 1 ® (� ® ® ® ® o _Cases I No. of lost— workday cases i involving 1 permanent transfer to ® , o O 0 0 another job or termination of i i employment ThP i„f. f,* — - -n»•• �• _,_�� «� «� uic �'auic as iequlrea for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. Legal Business Name of Bidder _ Grew, Inc. Business Address: 19618 S. Susana Rd., Rancho Dominguez, CA 90221-5716 Business Tel. No.: (310) 608-6860 State Contractor's License No. and Classification: #696291 _ A, C12, C21, C31 Title Vice-President/Secretary The above information was com filed from the records t a vailably eat this time and I declare under penalty of perjury that w e in ormatio is tr an a c ate ithin e lim ations of those records. Signature of bidder Date _""'- � -- �---_ -A — Signature of bidder MLI _ Title Vice-President/Secretary � - �-- Date Title -- Signature of bidder ---- -_ Date ---- — — ---- --- �_________._____--_--------- ---------____._._-- Title ---- ---- ----- _------- Signature of bidder - Date - Title_ -_--- Page C-14 If bidder is an indb idual., 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 partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or of fewer than all of the partners joint ventures 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 notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint venturers, 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. Page C-15 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California )SS. County of LosAn�eles Darrin A. Lalonde being first duly sworn, deposes and says that he or she is ----- Vice -President of Crew, Inc. _ the party making the foregoing bid, in accordance with Public Contracts Code Section 7106, declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Project Name: Annual Contract for Sand Berm Construction and Removal Legal Business Name of Bidder _ _____ ___ _ Crew, Inc. Business Address Business Tel. No. Signature of bidder Tinel------�- Date:�J --_--- 19618 S. Susana Road, Rancho Domi Vice -P CA 90221-5716 -_ o- e _ Signature of bidder -- ------ ,,,,t,,-------------------.---,-----Vice-President/Secretary itle____.______—__--_-._—__-____Vice-President/Secretary - --------------------- 4/22/19 Date: — --- ---- Subscribed and Sworn to before me on (Notary Seal) Page C-16 Signature Notary Public CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE ii89 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 Los Angeles ) On April 23rd, 2019 before me, Erika A. Arauio Notary Public Date Here Insert Name and Title of the Officer personally appeared Darrin A. Lalonde Name(4) of Signer($)/ who proved to me on the basis of satisfactory evidence to be the person(k) whose name(K) is/sae subscribed to the within instrument and acknowledged to me that he/atXXey executed the same in his/1K wir authorized capacity(iex), and that by hist 4r signature(* on the instrument the person(x), or the entity upon behalf of which the person(s) acted, executed the instrument. 4 ?'r�� ERIKA A. ARAUJo Notary Public - California _ . +' Los Angeles County > Commission k 2234867 ""°`� , My Comm. Expires Mar 18, 2022 Pon Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: I Corporate Officer — Title(s): =.1 Partner — __i Limited I General J Individual Attorney in Fact Trustee =_ Guardian or Conservator Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner — -- Limited — General Individual 1-1 Attorney in Fact Trustee Other: Guardian or Conservator -' Signer Is Representing: k�.r�->�✓�.�cr,�:z�z;?;.=c;.�z .suo�x..r`� �.re-ce:;G�e«��>.< �c.Z;�-h,��zz>�'c%�;��! ��;�r;cc,`[-G�_C.�hy.�.,-r ©2014 National Notary Association • www.NationalNotary org 1 -800 -US NOTARY (1-800-876-6827) Item #5907 LIST OF SUBCONTRACTORS TO ACCOMPANY PROPOSAL In compliance with the provisions of Public Contract Code Section -4104, the undersigned bidder submitting this bid proposal sets forth the name, place of business and the portion of the work to be performed by: (l) -each subcontractor who will perform work or labor or render service to the bidder (as general contractor) in or about the construction of the work or improvement; and (2) -each subcontractor licensed by the State of California who, under subcontract to the bidder. specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the bidder's total bid or, in the case of bids or offers for the construction of streets, highways or bridges, in excess of one-half of one percent of the bidder's total bid or ten thousand dollars ($10,000), whichever is greater. Subcontractor's Name, Address, Telephone # Bid Item Number Percent Of Total Bid Description of Work — Percent of Total Bid i I I i 1 ? � � 1 + I i i 4 i 1 I 111 i + i i i a i Page C-17 Bond No. N/A _ _ _ __ _Bond Premium N/A BID BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has issued an invitation for bids for the work described as follows: Annual Winter Sand Berm Construction and Removal. WHEREAS_ Crew, Inc., 19618 S. Susana Road, Rancho Dominguez, CA 90221 (Name and address of Bidder) ("Principal"), desires to submit a bid to Public Agency for the work. WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder's security with their bid. NOW, THEREFORE, we, the undersigned Principal, and The Hanover Insurance Company, 5 Hutton, Centre Drive, Suite 1060, -Santa Ana, CA 92707 (Name and address of Surety) ("Surety'') a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Ten Percent of Bid Amount Dollars ($ _ , 10% ___ _____ ), being not less than ten percent (10%) of the total bid 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 is awarded a contract for the work by the Public Agency and, within the time and in the manner required by the bidding specifications, enters into the written form of contract included with bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverage, 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 incurred by the Public Agency in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code § 2845. Page C- 18 IN WITNESS WHEREOF, this instrument has 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: April 19, 2019 "Principal" Crew, Inc. By: _ By: Its By: By: Its (Seal) Surety" The Hanover Insurance Company AAttoZrney-�in-Fact:Maria Guise Its (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Page C-19 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 I 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 Los Angeles ) On April 23rd, 2019 before me, Erika A. Arauio, Notary Public Date Here Insert Name and Title of the Officer personally appeared Darrin A. Lalonde Name(f of Signer($)/ who proved to me on the basis of satisfactory evidence to be the person(k) whose name( is/tee subscribed to the within instrument and acknowledged to me that he/may executed the same in his/13m)bvir authorized capacity(), and that by hist tr signature(k on the instrument the person(6), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 4 a.. ERIKAA. ARAU)O ' Notaryary Public - California z D' Los Angeles County > Signature Commission # 2234867 My Comm. Expires Mar 18, 2022 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 7 Corporate Officer — Title(s): 7 Partner — =J Limited I l General -1 Individual Attorney in Fact Trustee Guardian or Conservator 71 Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner — -__ Limited General Individual 1-1 Attorney in Fact Trustee C Guardian or Conservator Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org , 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA. • CIVIL j c.Nsa+n .. - nt•.rb i. rtlace rc. s.�t!wt i.<.. rt. nz s' ,nt nt�:a+� �: v:t�sC :a :• c:Ns.t%s,!<va�-.>t^.,t�-a<%s.✓.,:+cmc r+ ;. -v;t .;t+.. n< •..Na.N A notary public or other officer completing this certificate verifies only the identity of the individual who signed the W document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange On APR 19 2019 before me, � •_ Heather Rose Saltarelli, Notary Public Date Here Insert Name and Title of the Officer uI personally appeared Maria Guise Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name(s) is/axes subscribed to the within instrument and acknowledged to me that /she/tkey, executed the same in M/her/tkaauthorized capacity(ins), and that by rxislher/**k signature(*) on the instrument the person(*), or the entity upon behalf of which the persons} acted, executed the instrument. Place Notary Seal Alcove I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1 Signature � Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: _ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Partner -- Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s):�� _ Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: b ".D'.Y. Y "'N �/. Y -•Y "'Y ✓ 'N 'Y '✓{ Y Y Y 'Y Y 'Y ..Y HEATHER ROSE SALTARELLI Notary Public - California i t Orange County Commission � 2248219 My Comm. Expires Jul 27, 2022 Place Notary Seal Alcove I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1 Signature � Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: _ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Partner -- Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s):�� _ Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: b ".D'.Y. Y "'N �/. Y -•Y "'Y ✓ 'N 'Y '✓{ Y Y Y 'Y Y 'Y ..Y THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA v.. �.� %' n t t vRIvG IF THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, (hereinafter individually and collectively the "Company") does hereby constitute and appoint, Michael Parizino, Rachelle Rheault, Jeri Apodaca, James Schaller, Rhonda C. Abel, Kim Luu, Jeffrey Strassner, Patricia S. Arana, Tim M. Tomko, Natalie K. Trofimoff and/or Maria Guise Of Alliant Insurance Services, Inc., Newport Beach, CA, each individually, if there be more than one named, as its true and lawful attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any surety bond, recognizance or obligation in the United States, not to exceed Twenty Five Million Dollars ($25,000,000.00) in any single instance. That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October 7, 1981 — The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 — Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 291h day of December, 2015. MII7 3Ypa°:: THE HANOVER INSURANCE COMPANY MASSACHUSETTS WAY INSURANCE COMPANY CITIZENS URANCE'ROMPANY OF AMERICA Robert Thomas, Vi�T President THE HANOVER INSURANCE COMPANY MA SA HUSETT BAY1 CE COMPANY CIT EN SU CE E AMERICA THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. „ , e,e. vim On this 29th day of December 2015 before me came the above named Vice Presidents The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. OIAME J. MA(+11A10 fl0try DUNG I pr lryilry w N�orwdwlw e.... • Diane I a -a, Not aro Pvl.lic• NI, C-11— oo L'apa— Ma -h 3. 2022 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 19th day of April 2019 CERTIFIED COPY Tleemore G A4ar?inez, Vice Prtwidcnt -&4A�4 Crew, Inc. Grading & Excavating Education and Experience of Key Personnel 1 _711 _ 12 David M. Lalonde, President Santa Clara University — Bachelor of Science, 1989 30 years field and managerial experience in the excavation and grading trade. David's family has been involved in the construction equipment and earthmoving industry since 1962. Darrin A. Lalonde, SecretaryN.P. University of San Diego — Bachelor of Science, 1994 25 years field and managerial experience in the excavation and grading trade. Darrin's family has been involved in the construction equipment and earthmoving industry since 1962. Andrew Kerr, C.F.O. California State University, Long Beach — Bachelor of Science, 1993 California State University, Long Beach — Masters in Policy & Administration, 2012 25 years experience in construction financial management. A key manager in developing the company since its inception in 1994. Ron Brenneman, General Superintendent Fullerton College — General Education Studies, 1970 47 years trade experience as an equipment operator, foreman, field superintendent, and estimator. Jerry Perez, Equipment Manager & Head Mechanic 22 years experience working on heavy earthmoving diesel machinery. Prior to joining Crew Inc. in 2004, Jerry became an expert mechanic and manager helping to operate his family's business, Ramon Perez Equipment & Repair. Jerry now supervises a team of 10 mechanics, drivers and support technicians. Greg Smith, Senior Diesel Mechanic 38 years experience and training working with diesel equipment. Advanced Training program, United States Army, Fort Knox, KY. John Deere University., Service manager/heavy equipment diesel repair—various companies in So. California construction industry. Extensive training in field service, welding/fabrication, hydraulic/electrical repair, and safety.