HomeMy WebLinkAboutAGMT - Doug Martin Contracting Company (FY19-20 Annual Slurry Seal Program Proj CIP No ST2001)RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
211 - 8th Street
Seal Beach, CA 90740
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
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*** No Recording Fee Pursuant to Government Code Section 6103, 27383 ****
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated
below in the property hereinafter described:
2. The full name of the owner is: City of Seal Beach.
3. The address of the owner is: 211 — 8th Street Seal Beach CA 90740.
4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach
5. A work of improvement on the property hereinafter is described as substantially completed on
Auqust 21, 2020. The work was FY19-20 Slur Seal Program Prosect CIP No. ST2001.
6. The name of the contractor(s), if any, for such improvement was: Doug Martin Contracting
Company, Inc. The date of the Contract Award was February 24, 2020.
7. The property on which said work of improvement was completed in the City of Seal Beach,
County of Orange, State of California, and is described as follows: Various citywide locations.
Date: 09
Director o blic orks, P.E, City of Seal Beach
Signature of owner or corporate officer of owner
named in paragraph 2 or agent.
VERIFICATION
I, the undersigned, say: the Director of Public Works declarant of the fore
completion; have read said notice of completion and know the contents thereof; ttsijCv�i
of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct. OCT 0 2020
Executed on e1ry11Lk - ' , 2020, at Seal Beach, California. CM, 00ARK
RK
(Date of Signature) CITY Of SEAL 6EACH
Director of u Works, City f Seal Beach
PUBLIC WORKS AGREEMENT
FYI 9-20 ANNUAL SLURRY SEAL PROGRAM
PROJECT CIP NO. ST2001
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
0
Doug Martin Contracting Company, Inc.
220 Foundation Avenue
La Habra, CA 90631
(714)441-0513
(714) 441-0541 - FAX
This Contract ("Contract') is made as of February 24, 2020, by and between the City of
Seal Beach, a California charter city ("City"), and Doug Martin Contracting Company,
Inc., a California corporation ("Contractor").
RECITALS
A. WHEREAS, the City Council has approved the plans and specifications for the
FY19-20 Annual Slurry Seal Program ("Project") with respect to design criteria,
and
B. WHEREAS, Contractor has submitted a Bid to City for the Project dated January
28, 2020 in the amount of $156,057.00 ("Bid" hereinafter). The Bid is attached
hereto and contains, among other things, provisions defining the Project scope.
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto agree
as follows:
CONTRACT
1. Contractor's Services.
1.1 Scope and Level of Services. For and in consideration of the
mutual promises set forth herein, and subject to the terms and conditions set forth in
this Contract, Contractor shall perform and complete in good and workmanlike manner
all work ("Work") required by this Contract and the documents listed in Subsection 1.2
for the Project.
1.2 Contract Documents. The "Contract Documents" that comprise the
agreement between the City and the Contractor are the: Notice Inviting Sealed Bids,
Instructions to Bidders, Accepted Bid Proposal Form, Non -Collusion Declaration, Bid
Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record, Contractor's
Qualification Statement, Bid Security Forms for Check or Bond, Specifications, General
and Special Provisions and documents referenced therein, all addenda as prepared
prior to the date of Bid opening setting forth any modifications or interpretations of any
of said documents, this Contract, Exhibits attached to this Contract, 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), Indemnification and Hold Harmless
Contract (Exhibit G), Accepted Bid Proposal Form 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 Contract.
1.3 The Work shall be performed in accordance with the Plans,
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 Contract and the provisions of the other Contract Documents, the
provisions of this Contract shall prevail.
2. Effective Date. This Contract is effective as of February 24, 2020 (the
"Effective Date"), and shall remain in full force and effect until Contractor has rendered
the services required by this Contract.
3. Payment. For performing and completing the Work in accordance with the
Contract Documents, City shall pay Contractor, in full compensation therefor, the
amount of One Hundred Fifty Six Thousand Fifty Seven Dollars and 00/XX
($156,057.00), subject to any additions and deletions pursuant to the terms of the
Contract Documents. Said sum shall constitute payment in full for all Work performed
hereunder, including, without limitation, all labor, materials, equipment, tools and
services used or incorporated in the Work, supervision, administration, overhead,
expenses and any and all other things required, furnished or incurred for completion of
the Work as specified in the Contract Documents. City shall make payments to
Contractor on account of the Contract sum at the time, in the manner, and upon the
conditions specified in the Contract Documents. The City Manager may authorize extra
work to fund unforeseen conditions up to the amount approved at the time of award by
the City Council. Payment for additional work in excess of this amount requires prior
City Council authorization.
4. Contractor's Personnel.
4.1 All Work shall be performed by Contractor or under Contractor's
direct supervision, and all personnel shall possess the qualifications, permits, and
licenses required by state and local law and by the Notice Inviting Bids/Instructions to
Bidders to perform such Services, including, without limitation, a City of Seal Beach
business license as required by the Seal Beach Municipal Code.
4.2 Contractor shall be responsible for payment of all employees'
wages and benefits, and shall comply with all requirements pertaining to employer's
liability, workers' compensation, unemployment insurance, and Social Security.
Contractor shall fully comply with the workers' compensation law regarding Contractor
and Contractor's employees.
4.3 Contractor shall indemnify and hold harmless City and its elected
officials, officers, employees, servants, designated volunteers, and agents serving as
independent contractors in the role of City officials, from any and all liabilities, damages,
claims, costs and expenses of any nature to the extent arising from Contractor's alleged
violations of personnel practices.
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 Contract. 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 Contract, 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 Contract.
4.5 City shall have the right to offset against the amount of any fees
due to Contractor under this Contract any amount due to City from Contractor as a
result of Contractor's failure to promptly pay to City any reimbursement or
indemnification arising under this Section 4.
5. Indemnification.
5.1 Contractor's Duty. Contractor shall defend, indemnify, and hold the
City, its elected officials, officers, employees, volunteers, agents, and those City agents
serving as independent contractors in the role of City officials (collectively
"Indemnitees") free and harmless from and against any and all claims (including, without
limitation, claims for bodily injury, death or damage to property), demands, obligations,
damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a "Claim," collectively, "Claims"), in any manner arising out of or incident to the
performance of the Contract, including without limitation, the payment of all
consequential damages and attorneys' fees and other related costs and expenses.
Further, Contractor shall appoint competent defense counsel, at Contractor's own cost,
expense and risk, to defend any and all such suits, actions or other legal proceedings of
every kind arising out of or incident to the performance of the Contract that may be
brought or instituted against Indemnitees. Contractor shall pay and satisfy any
judgment, award or decree that may be rendered against City or the other Indemnitees
in any such suit, action, or other legal proceeding arising out of or incident to the
performance of the Contract. Contractor shall reimburse the City and the other
Indemnitees, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Contractor's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
Contractor or Indemnitees. This indemnity shall apply to all Claims and liability
regardless of whether any insurance policies are applicable.
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 this Section 5-3 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
the 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
Contract.
5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and
all parties claiming under or through it, hereby waives all rights of subrogation against
the Indemnitees, while acting within the scope of their duties, from all claims, losses,
and liabilities arising out of or incident to activities or operations performed by or on
behalf of the Indemnitor.
5.6 Survival. The provisions of this Section 5 shall survive the
termination of the Contract 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 Contract 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.
6.2 Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
6.2.1 Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
6.2.2 Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto).
6.2.3 Insurance Services Office form number CG 20 10 11 85
(Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B).
6.2.4 Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance.
6.2.5 Professional Liability insurance. Unless the City waives in
the requirement for professional liability insurance, Contractor shall provide to City the
standard form issued by the carrier.
6.3 Minimum Limits of Insurance. Contractor shall maintain limits no
less than
6.3.1 General Liability: $2,000,000 per occurrence and in the
aggregate for bodily injury, personal injury and property damage. Commercial General
Liability Insurance or other form with a general aggregate limit shall apply separately to
this Contractor 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 Contract, Contractor's
insurance coverage shall be primary insurance as respects City, its officers, officials,
employees, designated volunteers and agents serving as independent contractors in the
role of City officials. Any insurance or self-insurance maintained by City, their officers,
officials, employees, designated volunteers or agents serving as independent
contractors in the role of City officials shall be excess of Contractor's insurance and
shall not contribute with it.
6.5.3 Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
6.5.4 Each insurance policy required by this Section 6 shall be
endorsed to state that coverage shall not be canceled or materially modified except
after 30 days prior written notice by first class mail has been given to City.
6.5.5 Each insurance policy, except for any professional
liability policy, required by this Section 6 shall expressly waive the insurer's right of
subrogation against City ,and its elected officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as independent contractors In the
role of City or agency officials.
6.6 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's
Risk Manager.
6.7 Verification of Coverage. All insurance coverages shall be
confirmed by execution of endorsements on forms approved by the City. The
endorsements are to be signed by a person authorized by that insurer to bind coverage
on its behalf. All endorsements are to be received and approved by City before
services commence. As an alternative to City forms, Contractor's insurer may provide
complete, certified copies of all required insurance policies, including endorsements
effecting the coverage required by these specifications.
7. Liquidated Damages. Should the Contractor fail to complete the Project,
or any part thereof, in the time agreed upon in the Contract, the Contractor shall
reimburse the City for the additional expense and damage for each calendar day that
the Contract remains uncompleted after the Contract completion date. It is agreed that
the amount of such additional expense and damage incurred by reason of failure to
complete the Contract is the per diem rate of $500.00 per calendar day. Such amount
is hereby agreed upon as liquidated damages for the loss to the City resulting from the
failure of the Contractor to complete the Project within the allotted time and to the value
of the operation of the works dependent thereon. It 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 Contract.
9. Notices. Any notices, bills, invoices, or reports authorized or required by
this Contract 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 Contract, 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: Doug Martin Contracting Company, Inc.
220 Foundation Avenue
La Habra, CA 90631
Telephone: (714) 441-0513
Fax: (714) 441-0541
Attn: Doug Martin
10. Non -Assignability; Subcontracting. Contractor shall not assign, transfer,
or subcontract any interest in this Contract 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. 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.
12. Non-Waiver,of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Contract shall not be a
waiver of any other condition of performance under this Contract. 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.
13. Attorneys' Fees. In the event that either party to this Contract shall
commence any legal action or proceeding to enforce or interpret the provisions of this
Contract, each party shall be responsible for their own attorneys' fees.
14. Construction. The validity, interpretation, and performance of this
Contract shall be controlled by and construed under the laws of the State of California,
with venue in Orange County, California. In the event of any asserted ambiguity in, or
dispute regarding the interpretation of any matter herein, the interpretation of this
Contract 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 Contract or who drafted that portion of the Contract.
15. Workers' Compensation. 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 Labor Code Section 1861, by signing
this Contract, the Contractor 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 workers'
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."
16. Prevailing Wages. The City and the Contractor acknowledge that the
Project is a public work to which prevailing wages apply.
17. Entire Contract. This Contract, including any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between Contractor and City. This Contract supersedes all prior oral or
written negotiations, representations, or agreements. This Contract may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Contract.
18. Severability. The invalidity in whole or in part of any provisions of this
Contract shall not void or affect the validity of the other provisions of this Contract.
19. Titles and Headings. The titles and headings used in this Contract are for
convenience only and shall in no way define, limit or describe the scope or intent of this
Contract or any part of it.
20. Authority. Any person executing this Contract on behalf of Contractor
warrants and represents that he or she has the authority to execute this Contract on
behalf of Contractor and has the authority to bind Contractor to the performance of its
obligations hereunder.
21. Counterparts. This Contract may be executed in counterpart originals,
duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Contract as of the date first written above.
CITY OF SEAL BEACH
Approved as to Fornff
By.
raig Steele, City Attorney
CONTRACTOR: Doug Martin Contracting
Company, Inca California corporation
By:
Name: Doug Martin
Title: President
By: VV C) P w, r) a' --fit&?, J
Name: Dixie Martin
Title: Secretary
(Please note, two signatures required for
corporations pursuant to California Corporations
Code Section 313.
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On FebruarX 5. 2020 before me, Heather Marie Martin, Notary Public
(Here insert name end 4t a of the o8¢er)
personally appeared Doug Martin and Dixie Martin
who proved to me on the basis of satisfactory evidence to be the person s(Dwhose
name,(s) is/pre)subscribed to the within instument and acknowledged to me that
he/she/ ey�executed the same in his/herf elrauthorized capacityTes and that by
his/her the] signatures) on the instrument the persoro,, or the entity upon behalf of
which the personCi) 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 m hand and official seal. NEATiEaoukltt FITIN
y Notary Public • Caliloraha
Orange Countymi
Comssion B 2294570
(` 23. 2023
Notary Public Signature (Notary.Public Seal) -•:My Comm. Expires Jun
ADDITIONAL OPTIONAL INFORMATI
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages _ Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version wtwl.NotaryClasses.wm 300-873-9855
ON
INSTRUCTIONS FOR COMPLETING THIS FORM
Thi.vfarnr cnntplies osth emrent Culifonein.ti(alules regarding nofur7 wording and.
ifueeded, should be completed and,n ched to the doaurrenl. dekrvmuledgmenls
Jrnm other states mqo be campletetlJbr documents being sent rn thaf stale so long
cs the wardnhg does not require rhe Caiijbrnia nalmp ro violate California notary
lavv.
• State and County ialo ntztiun no¢t be the State and County where the document
xtgnuns) personally appeared before the notary, public for acknowledgment.
• Dracut notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or hes name as it appears within his or her
commission followed by a comma and then your title Ototary public).
• Print the mote(,) of document signers) who personally appear at the time of
notarnztion.
• Indicate the correct singular or plum] forms by crossing off incorrect forms (i e_
kdsheltltey, is /ere) ur direling the correct fonts. Failure incorrectly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically mpmducihly
hopression most not cover teal or lines. If seal impression smudges, re -seal if a
sufficient arca permits, otherwise complete a different acknowledgment farm.
• Signature of the notary public most match the signature nn tile orb the office of
the county clerk.
Additional information is not required but could help u) ensure this
acknowledgment is not misused or attached to a different document.
Indicate tide or type of attached document, number of pages and date.
•} Indicate the capacity Claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this dormment to the signed document with a staple_
EXHIBIT A
FAITHFUL PERFORMANCE BOND
Bond No.
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach ("City"), has awarded to
("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:
FY19-20 Annual Slurry Seal Program
(Project name)
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
(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 City in the penal sum of
Dollars ($ ), 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, successors executors and administrators, 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 the covenants, conditions and provisions in the
Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept
and performed at the time and in the manner therein specified, and in all respects according to
their true intent and meaning, and shall indemnify and save harmless the City, its officers,
agents and employees, as therein stipulated, then this obligation shall become null and void,
otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred
by City in successfully enforcing such obligation, all to be taxed as costs and included In any judgment
rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Contract or of the Work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its obligations under this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract or to the Work or to the specifications. Surety hereby waives the
provisions of California Civil Code Sections 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:
"Principal"
By:
Its
By:
Its
(Seal)
"Surety"
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of
the authority of any person signing as attomey-in-fact must be attached. DATE OF BOND MUST NOT
BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the
Treasury Department's most current list (Circular 570 as amended) and be authorized to transact
business in the State where the project is located.
EXHIBIT B
PAYMENT BOND
.IN
TIVIV•
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach ("City"), State of California, has awarded to
("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:
FY19-20 Annual Slurry Seal Program
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the
performance of the Work, to file a good and sufficient payment Bond with the City to secure the
claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of
Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are
held and firmly bound unto the City and all contractors, subcontractors, laborers, material
suppliers, and other persons employed in the performance of the Contract and referred to in
Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum
of
Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety
will pay the same in an amount not exceeding the amount hereinabove set forth, and also in
case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in
successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as
costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and
all persons, companies, and corporations entitled to file claims under Title 3 (commencing with
Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil
wage and penalty assessment against the principal, any of its subcontractors, or both the
principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of
the time within which a joint labor management committee may commence an action against the
principal, any of its subcontractors, or both the principal and its subcontractors pursuant to
Labor Code Section1771.2, if the condition of this Bond be fully performed, then this obligation
shall become null and void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of the Contract or the Specifications accompanying the same shall in any
manner affect its obligations on this Bond, and it does hereby waive notice of any such change,
extension. alteration, or addition.
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:
"Principal"
By:
Its
By:
Its
(Seal)
"Surety"
By:
M
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, atl signatures must be notarized, and evidence
of the authority of any person signing as attomey-in-fact must be attached. DATE OF BOND MUST
NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the
Treasury Department's most current list (Circular 570 as amended) and be authorized to transact
business in the State where the project is located.
EXHIBIT C
WORKER'S COMPENSATION INSURANCE CERTIFICATE
WORKERS'COMPENSATION
CERTIFICATE OF INSURANCE
WHEREAS, the City of Seal Beach ("City") has required certain insurance to be provided '
L°a I'�il FA- �4
�i ✓-hn �tsvtivzt/.i1v��1c .� I
NOW THEREFORE, the undersigned insurance company does hereby certify that it has Issued
the policy or policies described below to the following named insureds and that the same are in
force at this time:
1. This certificate is issued to:
City of Seal Beach
City Hall
211 a Street
Seal Beach, California 90740
The insureds under such, policy or policies are:
DOUG MARTIN CONTRACTING CO., INC, CALIFORNIA SLURRY SEAL
2. Workers' Compensation Policy or Policies in a form approved by the Insurance
Commissioner of California covering all operations of the named insureds as follows:
Policy Number Effective Date Excretion Date
CUP-OL243008 4/1/2019 4/1/2020
eic'rard
EXHIBIT D-1
ADDITIONAL INSURED ENDORSEMENT
COMMERCIAL GENERAL LIABILITY
[INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY]
Certificate
ADDITIONAL INSURED ENBARSEMENT
COMPREHENSIVE GENERAL LIABILITY
City of Seal Beach, City Hall - 211 8th Street, Seal Beach, CA 90740
Name and address of named insured (°Named insured7:
The Travelers Indemnity Company of Connecticut, One Tower Square, Hartford, CT 06183
Name and address of insufance company (Companyy:
Slurry sealing of asphalt concrete surfaces
Genera( description of agreement(s), permill(s), Bcense(s), and(or activity(les) insured.,
Certificate
Notwithstanding any inconsistent statement In the policy to which this eaderserrient is attached (the
*Policy') or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Seal Beach CCity'), its elected officials, officers, attomeys, agents, employees, and
volunteers are additional insureds (the above named additional insureds are hereafter referred to as
the "Additional Insureds') tinder the Policy in relation to those activities described generally above
with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds
have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to
contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's
liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one
insured under the policy against another insured under the policy. All such claims shall be covered
as third -party claims, i.e., in the same manner as if separate policies had been issued to each
insured. Nothing contained in this provision shall operate to increase or replicate the Company's
limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained in or executed in
conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured
and the Additional Insureds.
Certificate
B. The policy to which thisendersernenE is attached shall not be subject to cancellation, change in
coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except
after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days
before the effective date thereof. In the event of Company's failure to comply with this notice
provision, the policy as initially drafted will continue in full force and effect until compliance with this
notice requirement
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,
while acting within the scope of their duties; from all claims, losses and liabilities arising outofor
incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalfofthe Named Insured regardless of any prior,
concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. it is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
etK-
9. This enwkwsem dorsemenrt and all notices given hereunder shall be sent to City at:
City Manager
City of Seal Beach
City Hall
211 a Street
Seal Beach, CA 90740 Certificate
10. Except as stated above and not in conflict with this endersemeat, nothing contained herein
shall beheld to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which
this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS POLICY PERIOD LIMITS OF
ENDORS MENTATTACHES FROM7T0 LIABILITY
�2L�
/tbdl cynll hctnevni r`� '� i-�tllA I -2d1 D
It. Scheduled items or locations are to be identified on an attached sheet The following
inclusions relate to the above coverages. Includes:
fj( Contractual Liability
❑ Own"Landlords/Tenants
Manufacturers/Contractors
Products/Completed Operations
)� Broad Form Property Damage
❑ Extended Bodily Injury
Broad Form Comprehensive
General Liability Endorsement
Explosion Hazard
Collapse Hazard
Underground Property Damage
Pollution Liability L ;w r kPd
❑ Liquor Liability
12. A of deductible or o self insured retention (check one) of $ 2.500 applies to all
coverage(s) except: d none, so state). The deductible is applicable
❑ per claim or o per occurrence (check 0n9)-
13. This is an a occurrence or o claims made policy (check one).
Certificate 1
14- This � q2019 is effective on / / at 12:01 a.m. and forms a part of Policy Number
4T22 -CO -0L239505 -TCT -19
I, Richard L. Wells (print name), hereby declare under penalty of perjury under the taws of the State
of California, that I have the authority to bind the Company to this endorsement and that by my execution
hereof, I do so bind the Company. r
Executed March 6 , 2020
SignatureAu orized Representative
(Original signature only, no facsimile signature
Telephone No.: 0-257-9644 or initialed signature accepted)
EXHIBIT D-2
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
[INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY]
Certificate
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
City of Seal Beach, City Hall - 2118th. Street, Seal Beach, CA 90740
Name and address of named insured ('Named Insured ).*
Travelers Property Casualty Company of America, One Tower Square, Hartford, CT 06183
Name and address of insurance company ("Company):
Slurry seating ofasphalt concrete surfaces
General description Ofegreement(s), permit(s), license(s), and/orectiviiy(les) insured:
Certificate
Notwithstanding any inconsistent statement in the, policy to which this endorsement is attached
(the "Policy) or in any endorsement now or hereafter attached thereto, H is agreed as follows:
t. The City of Seal Beach ('City'), its elected officials, officers, attorneys, agents,
employees, and volunteers are additional insureds (the above named additional insureds are hereafter
referred to as the "Additional Insureds) under the Policy in relationtothose activities described generally
above with regard to operations performed by or on behalf of the Named Insured. The Additional
Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be
primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to
contribute wfth the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional
Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's
liability.
A. Nothing in this contrail of insurance shall be construed to preclude coverage of a claim
by one insured under the policy against another insured under the policy. All such claims shall be
covered as third -party claims, i.e., inthesame manner as if separate policies had been issued to each
insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of
liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance)includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained in or executed in
conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured
and the Additional Insureds.
Certificate
6. The policy to which this endefeemeM is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal
except after written notice to City, by certified mail; return receipt requested, not less than thirty (30) Days
before the effective date thereto. In the event. of Company's failure to comply with this notice provision,
the policy as initially drafted will continue in full force and effect until compliance with this notice
requirement
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from ell claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,
or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
Certificate
9. This endeFsame and all notices given hereunder shall be sent to City at:
City Manager
City of Seal Beach
City Hall
211 Eighth Street rr__
Seal Beach, California 90740 Cer fl T Lc t t -
10. Except as stated above.and not in conflict with this, nothing contained
herein shall be held to waive, alter of extend any of the limits, agreements, or exclusions of the policy to
which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
UJ�t iklvc� al DCCCg::, L77,b3
qt Following Form
Umbrella Liability
if. Applicable underlying coverages:
INSURANCE. COMPANY
Commercial General liability
Automobile Liability
POLICY PERIOD
LIMITS OF
FROM/rO
LIABILITY
ga4H i* q-I-7r�
��i Obtn tpDJ
POLICY NUMBER
AMOUNT
4/1/2019 to 4/1/2020
5 1r000,000
4/1/2019 to 4/1/2020
$1,000,000
12. The following inclusions, exclusions, extensions or specific provisions relate to the above
coverages:
13. A o deductible or o: sett -insured retention (check one) of $ 0.00 applies to
all coverage(s) except: (f none, so state). The deductible is applicable
o per claim or c per occurrence (check one).
14. This is an gcoccurrence or a claims made policy. (check one).
15. This endorsement is effective on4/1/2019 at 12:01 a.m, and forms a part of Policy
Number CUP -01243008-19-2S
Richard L. Wells(print name), hereby declare under penalty of perjury under the laws of the State
of California, that I have the authority to hind the Company to this endorsement and that by my execution
hereof, l do so bind the Company.
Executed March 6 12020
Signature of Authorized Representative
(Original signature only, no facsimile signature
Telephone No.: ri 257-9644 or initiated signature accepted)
EXHIBIT D-3
ADDITIONAL INSURED ENDORSEMENT
[INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE
LIABILITY, IF REQUIRED]
Certificate
ADDITIONAL INSURED ENBeRSEMEN�
AUTOMOBILE LIABILITY
City of Seal Beach, City Hall - 2118th Street, Seal Beach, CA 90740
Name and address of named insured ('Named Insuredy:
The Travelers Indemnity Company of Connecticut, One Tower Square, Hartford, CT 06183
Name and address of insurance company ("Company):
Slurry sealing of asphalt concrete surfaces
Notwithstanding any inconsistent statement in the policy to which this e49efaenient is attached
(the 'Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows:
t. The City of Seal Beach ('CW), its elected officials, officers, attorneys, agents,
employees, and volunteers are additional insureds (the above named additional insureds are hereafter
referred tows the 'Additional Insureds) under the Policy in relation to those activities described generally
above with regard to operations performed by or on behalf of the Named Insured. The Additional
Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be
primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to
contribute with the insurance coverages'. provided by the Policy:
3. Each insurance coverage under the Policy shall apply separately to each Additional
Insured against whom claim is made or suit is brought except with respect to the limits of the Company's
liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim
by one insured under the policy against another insured under the policy. All such claims shall be
covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each
insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of
liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the Indemnification and/or hold harmless provision(s) contained or executed in conjunction
with the written agreement(s) or pemnigs) designated above, between the Named Insured and the
Additional Insureds.
Certificate
6. The policy to which this -endo sement-, is attached shell not be subject to cancellation,
change In coverage, reduction of limits (except as.the result of the payment of claims), or non -renewal
except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days
before the effective date thereto. In the event of Company's failure to comply with this notice Provision,
the policy as Initially drafted will continue in full farce and effect until compliance with this notice
requirement
7. Company hereby waives all rights of subrogation and contribution against the Additional.
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,
or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
Certificate
9. This endersenieftt and all notices given hereunder shall be sent to City at
City Manager
City of Seal Beads
City Hall
2118"' Street &'��.,�
Seal Beach, CA 90740 lprim {-L
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall beheld to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which
this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS POLICY PERIOD LIMITS OF
ENDORSE ENTATTR HES FROMITOBILA ILITY
�uwlrvuvut�l {t, t ljj9 +. q -j -7D
if. Scheduled items or locations are to be identified on an attached sheet The following
inclusions relate to the above coverages. Incudes:
1 Any. Automobiles
o All Owned Automobiles
o Non -owned Automobiles
❑ Hired Automobiles
❑ Scheduled Automobiles
o Garage Coverage
❑ Truckers Coverage
Y Motor Carrier Act
❑ Bus Regulatory Reform Act
❑ Public LiveryCoverage
12. A m deductible or o self-insured retention (check one) of $ 500.00 applies to all
coverage(s) except: Collision - 50 (if none, so state). The deductible is applicable c per claim or o
per occurrence (check one).
13. This is an q occurrence or ❑ claims made policy (check one).
14. This endorsement is effective on 4/1/2019 at 12:01 a.m. and forms a part of
Policy Number Sio-9M041515-19-25-G
Richard Wells (pent name), hereby declare under penalty of perjury under the laws of the State
of California, that I have the authority to bind the Company to this endors/�/,n eM and that by my execution
hereof, I do so bind the Company. // A
Executed March 6, 20 24
(Original signature only, no facsimile signature
Telephone No.: E13 257-9644 or initialed signature accepted)
EXHIBIT E
ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING
CONTRACTOR LICENSING LAWS
STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING
THE CONTRACTORS' LICENSING LAWS
[Business & Professions Code § 7028.151
[Public Contract Code § 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the
entity on whose behalf this certification is given, hold a currently valid California contractor's license as set
forth below (required at time of award):
Business & Professions Code § 7028.15:
(a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the
business or act in the capacity of a contractor within this state without having a license therefore, except
in any of the following cases:
(1) The person is particularly exempted from this chapter.
(2) The bid is submitted on a state project governed by Section 10164 of the Public
Contract Code or on any local agency project governed by Section 20104 [now §
20103.5] of the Public Contract Code.
(b) If a person has been previously convicted of the offense described in this section, the court
shall impose a fine of 20 percent of the price of the contract under which the unlicensed person
performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or
imprisonment in the county jail for not less than 10 days nor more than six months, or both.
In the event the person performing the contracting work has agreed to furnish materials and labor
on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate
sum of the cost of materials and labor furnished and the cost of completing the work to be performed.
(c) This section shall not apply to a joint venture license, as required by Section 7029.1.
However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to
this section with respect to his or her individual licensure.
(d) This section shall not affect the right or ability of a licensed architect, land surveyor, or
registered professional engineer to form joint ventures with licensed contractors to render services within
the scope of their respective practices.
(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a
contractor who is not licensed in accordance with this chapter shall be considered non-responsive and
shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public
agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was
properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law,
unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or
employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor
who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such
citations shall be subject to Sections 7028.7 to 7028:13, inclusive. Any contract awarded to, or any
purchase order issued to, a contractor who is not licensed pursuant to this chapter is void.
(f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter
863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during
which time that subdivision was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this section if the
public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying
the license status of any person or contractor and the board failed to respond to the inquiry within three
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.
470131 C-12 March 31; 2021
License No.: Class: Expiration Date:
Date: February 5, 2020
EXHIBIT F
LABOR LAW REQUIREMENTS
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
[Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700].
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the
Following provisions of California law:
1. Contractor acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter
1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding
public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full
herein.
2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which
requires the payment of travel and subsistence payments to each worker needed to execute the Work to
the extent required by law.
3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775
concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay
prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars
($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as
determined by the Director of Industrial Relations for the work or craft in which the worker is employed for
any public work done under the Contract by Contractor or by any subcontractor.
4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require
Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll
records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of
the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its
subcontractors.
5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning
the employment of apprentices on public works projects, and further agrees that Contractor is responsible
for compliance with Section 1777.5 by itself and all of its subcontractors.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning
penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit
twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or
by any subcontractor for each calendar day 'during which such worker is required or permitted to work
more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the
provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to
secure the payment of compensation to its employees. In accordance with the provisions of California.
Labor Code Section 1861, Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to
be insured against liability for worker's compensation or to undertake self-insurance in accordance with
the provisions of that code, and I will comply with such provisions before commencing the performance of
the Work of this Contract."
February 05, 2020
Date Signature
Doug N4 rtin, President
EXHIBIT G
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF
SUBROGATION AND CONTRIBUTION
OFFICIAL TITLE OF PROJECT: FY19-20 ANNUAL SLURRY SEAL PROGRAM
Indemnitor(s) (IM all names):
DOUG MARTIN CONTRACTING CO., INC., CALIFORNIA SLURRY SEAL
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, suppliersor 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'Contracr) or the performance or failure to perform any tens,
provision, covenant, or condition of the Contract, 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 Contract 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 Indemniteds 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 shag be construed to
encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying
Contract is subject to Civil Code§ 2782(x) or (b) the contracting public agency's active negligence to the
limited extent that the underlying Contract 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 Contract 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, tosses 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 Contract as an
Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint.
and several.
"Indemnitor
Name' MARBN CQHUIARIR6 CO� 1ry .GAUP wKSLURRY MAL Name: [�
"' boug Martin, President I� Dixie Martin, Secretary
L3L7_ 61091-n1
FY19-20 Annual Slurry Seal Program
PROJECT CIP NO. ST2001
Bidder's Name
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF SEAL BEACH
The undersigned, as Bidder, declares that: (1) -this Bid 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 Declaration; (2) -Bidder has carefully examined the Project Plans,
Specifications, Instructions To Bidders, Bid Proposal Form, Notice Inviting Sealed Bids and all other
Contract Documents and information furnished therefore 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 Bid 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,
to perform said proposed Work in accordance with the Plans, if any, and the terms of the Specifications,
in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment,
apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or
provided under the terms of said Specifications, for the following stated unit prices or lump sum price as
submitted on the Bid Sheet herein.
The Bidder shall submit as part of this Bid 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 the
Bidder 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 Bid is (Circle one "a Cashier's Check", "a certified check", or "a Bidder's Bond in the
form furnished by the City", as the case may be) in the amount of $ , 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 basis hereof
and thereafter fail or refuse to enter into a Contract and provide the required evidence of insurance and
bonds within fifteen (15) calendar days after written notice of the award, the check or bond shall be
forfeited to the City in accordance with Public Contract Code section -20172, except as otherwise
provided in Public Contract Code section -20174. The undersigned agrees that in the event of such
failure, 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 and other Contract Documents which are.on file in the office of the Engineer, to the satisfaction and
under the direction of the Engineer, at the following prices: completed by the undersigned is fixed at 25
WORKING DAYS starting from the day after the issuance of the Notice to Proceed.
1=41
BID PROPOSAL FOR
FY19-20 Annual Slurry Seal Project
PROJECT CIP NO. ST2001
BID SHEET
Rase Rid Items
Item Unit Price Extended Price
No Description Unit Quantity (in Figures) (in Figures)
1
Mobilization and Demobilization
LS
1
$
2
Traffic Control
LS
1
$
3
Sandblast Existing Pavement
Striping
LS
1
$
4
Crack Seal Existing Pavement
LS
1
$
5
Furnish and Place Type II Slurry
Seal
SF
700,000
$
$
6
Paint Pavement Striping, Markings
and Legends.
LS
1
$
TOTAL BASE BID PRICE
(ITEMS NO. 1 THROUGH 6) $
WORDS FIGURES
IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL
PREVAIL.
Note: Items may be adjusted or deleted. Therefore, regardless of total actual volume (percentage)
compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the
final quantity when payment is calculated for these items. No adjustment in the unit prices will be
allowed. The City reserves the right to not use any of the estimated quantities, and if this right is
exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material
shall be included in the above unit costs, no additional compensation will be granted for such expenses.
DETERMINATION OF LOWEST BID: LOWEST TOTAL BASE BID
TOTAL BASE BID PRICE IN DIGITS: $
TOTAL BASE BID PRICE IN WORDS:
PR -2
IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL
PREVAIL.
Alternate Bid Item
Item Unit Price Extended Price
Description Unit Quantity
No (in Figures) (in Figures)
Furnish and Place Type I
Al
Rubberized Emulsion Aggregate
SF
700,000
$
$
Slurry (REAS) Seal. (If selected,
this item would replace Item No. 5)
TOTAL ALTERNATE BID PRICE (ITEM Al)
WORDS
FIGURES
NOTE: The City 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. A Bid is required for this entire Work, the estimated quantities set forth in this Bid Sheet being
solely for the purpose of comparing Bids, and final compensation under the Contract will be based upon
the actual quantities of work satisfactorily completed. The unit andlor lump sum prices bid shall include
all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit
prices shall govern over extended amounts, and words shall govern over figures. The City reserves the
right to increase or decrease the amount of any quantity shown and to delete any item from the Contract.
The undersigned Bidder agrees that, if awarded the Contract, Bidder will complete all Work according to
the Contract Documents. The undersigned Bidder is licensed in accordance with the requirements of the
Business and Professions Code, California Contractor's License No.- Class
(REQUIRED AT TIME OF AWARD).
Legal Business Name of Bidder
Business Address
Business Tel. No.
PR -3
Signature Date Title
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.
E'
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
[Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860; 1861, 3700]
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the
Following provisions of California law:
1. Contractor acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter
1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding
public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full
herein.
2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which
requires the payment of travel and subsistence payments to each worker needed to execute the Work to
the extent required by law.
3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775
concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay
prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars
($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as
determined by the Director of Industrial Relations for the work or craft in which the worker is employed for
any public work done under the Contract by Contractor or by any subcontractor.
4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require
Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll
records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of
the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its
subcontractors.
5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning
the employment of apprentices on public works projects, and further agrees that Contractor is responsible
for compliance with Section 1777.5 by itself and all of its subcontractors.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning
penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit
twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or
by any subcontractor for each calendar day during which such worker is required or permitted to work -
more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the
provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to
secure the payment of compensation to its employees. In accordance with the provisions of California
Labor Code Section 1861, Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to
be insured against liability for worker's compensation or to undertake self-insurance in accordance with
the provisions of that code, and I will comply with such provisions before commencing the performance of
the Work of this Contract."
Date n� -S lJ Signature_ l JiJ( �'�
Dou�President
G • r/ 220 E. FOUNDATION AVE.
J q LA HABRA, CA 90631
(714)441-0513
(714) 441-0541 Fax
Complete
Roatl slurry CONTRACTING
Services CO.,INC.
March 2, 2020
Iris Lee, Deputy Public Works Director
City of Seal Beach
211 Eighth Street
Seal Beach,. CA 90740
RE: FY 1-20 Annual Slurry Seal Program Contract Bonds
Dear Iris,
We enclose the above referenced bonds pursuant to your order.
If you have any questions, please do not hesitate to call.
Sincerely,
LUQ NAL)
Dixie Martin
Secretary
Enclosures:
CU,� �4;n Vr.2. S�fnutl�
7
Issued in Duplicate
PERFORMANCEBOND
Bond No. 024236343
Premium: $899.00
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach ("City"), has awarded to
Doug Martin Contracting Company, Inc.
220 E. Foundation Avenue, La Habra, CA 90631 ("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:
FY19-20 Annual Slurry Seal Program
(Project name)
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
Liberty Mutual Insurance Company, 790 The City Drive South, Suite 200, Orange, CA 92868
(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 City in the penal sum of One Hundred Fifty -Six Thousand Fifty -Seven
and No/100----
Dollars ($156,057.00--- ), 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, successors executors and administrators, 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 the covenants, conditions and provisions in the
Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept
and performed at the time and in the manner therein specified, and in all respects according to
their true intent and meaning, and shall indemnify and save harmless the City, its officers,
agents and employees, as therein stipulated, then this obligation shall become null and void;
otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred
by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment
rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Contract or of the Work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its obligations under this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract or to the Work or to the specifications. Surety hereby waives the
provisions of California Civil Code Sections 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: February 24, 2020
"Principal"
Doug Martin Contracting Company. Inc.
"Surety"
Liberty Mutual Insurance Company
i
By: � By:
Its Doug artin, President
By: k
Its Dixie Martin, Secretary
(Seal)
By:
Its Candy A. Dakin, Attorney -in -Fact
Its
R
Y •'
.ae '
we
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of
the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT
BE BEFORE DATE OF CONTRACT Surety companies executing Bonds must appear on the
Treasury Department's most current list (Circular 570 as amended) and be authorized to transact
business in the State where the project is located.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On March 2, 2020 before me,
Heather Marie Martin, Notary Public
(insert name and title of the officer)
personally appeared Doug Martin and Dixie Martin
who proved to me on the basis of satisfactory evidence to be the perso s whose nam ,s is/a�rr
subscrib to the within instrument and acknowledged to me that he/she he executed the sam
his/her/ heir uthorized capacity ies , and that by his/her eir signature s) on the instrument the
persor@ror the entity upon beha-Tf of which the perso 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.
Signatur eal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On February 24, 2020
before me, Ashley R. Brewster, Notary Public
(insert name and title of the officer)
personally appeared Candy A. Dakin
who proved to me on the basis of satisfactory evidence to be the person() whose nameM is/afe
subscribed to the within instrument and acknowledged to me that WsheAKey executed the same in
Vs/her/0eir authorized capacity(id's), and that by [Xrs/her/t(6ir signature) on the instrument the
person(o95, or the entity upon behalf of which the person(g) 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.
ASHLEY R. f3REMISTER
WITNESS my hand and official seal. COMM. #2296833 c
o Notary Public • California 0
z Orange County
M Comm. Ex fres Ju 13, 2023
Signature n' (Seal)
Liberty
Mutual®
SURETY
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.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8201226-024087
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Denise
Bennett, Paul A. Bland, Candy A. Dakin, John M. Garrett, Edward W. Griffith II, Steven C. Mosier, Cynthia S. Wozney
all of the city of Irvine state of California each individually if there be more than one named, its true and lawful attomey-in-fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 8th day of May , 2019
Liberty Mutual Insurance Company
P� INSU -Y INS�j 0 INSU,pq The Ohio Casualty Insurance Company
°ovo rQyy `CJ _X 4) yc, West American Insurance Company >
J3 bm Q3 Foy+ Q 3 Foca
ca
„1912 0oy1919 9910
a//J/�// N
rdjl 'SACN°g .aa y0 9aMr5��.aaY� �s �NDIANt' .aa3
By: rn
David M. Carey, Assistant Secretary -0
State of PENNSYLVANIA
ss
County of MONTGOMERY
On this 8th day of May , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance I 0
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes = N
therein contained by signing on behalf of the corporations by himself as a duly authorized officer. O LLI
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
yp, PAST
l M be P Assod tad
Nk Fr
�r4 °oma�Z y
OF
COMMONWEALTH OF PENNSYLVANIA
By:
Notarial Seal�2�d�
Teresa Pastella, No Public
Upper MedonTwp., Montgomery County
My Commission Expires March 28,2021
I 9 r N
eresa Pastella, Notary Public
gr�yr em r, ennsy, r a a on o o es
a) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ai ARTICLE IV— OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
>, President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
C: any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
0
T
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Companys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 24TH day of FEBRUARY , 2020 .
INS U SY INS&
�J 4°`tearyq�'Lc+ yJ oar°`tqr `9ti .4Pco`�P°LU
`y
3 EotaQ3 obc+ �3 FoR+ .ti, Y .L
1912 C, 0 1919 0 1991 0
r v' 3 y yc2y tea" yi `r 3 By: w
d��,sq°Nue aaa °�, yaMrs� as rs "°rnaA as Renee C. Llewellyn, Assistant Secretary s
LMS -12873 LMIC OCIC WAIC Multi Co 062018 '7
Issued in Duplicate
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
Bond No. 024236343
Premium included in the
Performance Bond
WHEREAS the City of Seal Beach ("City"), State of California, has awarded to
Doug Martin Contracting Company, Inc.
220 E. Foundation Avenue, La Habra, CA 90631 ("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:
FYI 9-20 Annual Slurry Seal Program
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the
performance of the Work, to file a good and sufficient payment Bond with the City to secure the
claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of
Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
Liberty Mutual Insurance Company
790 The City Drive South, Suite 200, Orange, CA 92868
(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 City and all contractors, subcontractors, laborers, material
suppliers, and other persons employed in the performance of the Contract and referred to in
Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum
of One Hundred Fifty -Six Thousand Fifty -Seven and No/100---
Dollars ($156,057.00-- ), for materials furnished or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety
will pay the same in an amount not exceeding the amount hereinabove set forth, and also in
case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in
successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as
costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and
all persons, companies, and corporations entitled to file claims under Title 3 (commencing with
Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil
wage and penalty assessment against the principal, any of its subcontractors, or both the
principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of
the time within which a joint labor management committee may commence an action against the
principal, any of its subcontractors, or both the principal and its subcontractors pursuant to
Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation
shall become null and void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of the Contract or the Specifications accompanying the same shall in any
manner affect its obligations on this Bond, and it does hereby waive notice of any such change,
extension, alteration, or addition.
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: February 24, 2020
"Principal"
Doug Martin Contracting Company, Inc.
By:
is Djug Martin, resident
By: U, "/, Matt &
Its Dixie Martin, Secretary
(Seal)
"Surety"
Liberty Mutual Insurance Company
By: A Ai ,
Its Candy A. Dakin, Attorney -in -Fact
By:
Its
a'
(Seal)
•I
4
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence
of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST
NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the
Treasury Department's most current list (Circular 570 as amended) and be authorized to transact
business in the State where the project is located.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On March 2. 2020 before me,
Heather Marie Martin, Notary Public
(insert name and title of the officer)
personally appeared Doug Martin and Dixie Martin
who proved to me on the basis of satisfactory evidence to be the
subscribed to the within instrument and acknowledged to me that
his/her/ i authorized capaci ies , and that by his/her/ ei sig]
perso s r the entity upon behalf of which the pers s acted,
0 executed the same in
m the instrument the
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.
Signatur 'Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On February 24, 2020
before me, Ashley R. Brewster, Notary Public
(insert name and title of the officer)
personally appeared Candy A. Dakin
who proved to me on the basis of satisfactory evidence to be the person(s`f whose nam%4 is/ae
subscribed to the within instrument and acknowledged to me that b(e/she/tKey executed the same in
hi erft,b& authorized capacity0et), and that by t(/her/their signature;K on the instrument the
erso ), 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.
ASHLEY R. gREWSTER
WITNESS my hand and official seal. c coMM. #2296833 zz
Notary Public • California p
i Orange County
M Comm. Ex ires Jul 13, 2023
Signature (Seal) (Seal)
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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.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8201226-024087
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Denise
Bennett, Paul A. Bland, Candy A. Dakin, John M. Garrett, Edward W. Griffith II, Steven C. Mosier, Cynthia S. Wozney
all of the city of Irvine state of California each individually if there be more than one named, its true and lawful attomey-in-fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 8th day of May , 2019 .
State of PENNSYLVANIA
County of MONTGOMERY
Liberty Mutual Insurance Company
P� 1NSu �ZY INSV a \NsuR9 The Ohio Casualty Insurance Company
a000� P yJ 40Rao�rF'Pyy �GQ �01-11% yo West American Insurance Company
1912 c 1919 1991
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By
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0 (D On this 8th day of May , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
o 2 Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
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atherein contained by signing on behalf of the corporations by himself as a duly authorized officer.
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IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
rA , PAS
o 0y oNw ),,0 COMMONWEALTH OF PENNSYLVANIA
Q �< <
y Notarial Seal
�2� Com/
do �� oo OF Teresa Pastelia, Notary Public
0- Upper MerionTwp., Montgomery County By:
My Commission Expires March 28, 2021
vP `� Teresa Pastella, Notary Public
N � Member, Pennsylvania Association of Notaries
CD P�
a`) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
o G Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ai ARTICLE IV–OFFICERS: Section 12. Power of Attorney.
o N Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
X3 >1 President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
> 2C: any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
Z instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII – Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation – The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization – By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 24TH day of FEBRUARY , 2020 .
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LMS -12873 LMIC OCIC WAIC Multi Co 062018
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Issued in Duplicate
Bond No. 024236343
Premium: $899.00
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach ("City"), has awarded to
Doug Martin Contracting Company, Inc.
220 E. Foundation Avenue, La Habra, CA 90631 ("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:
FY19-20 Annual Slurry Seal Proaram
(Project name)
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
Liberty Mutual Insurance Company, 790 The City Drive South, Suite 200, Orange, CA 92868
(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 City in the penal sum of One Hundred Fifty -Six Thousand Fifty -Seven
and No/100----
Dollars ($156,057.00--- ), 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, successors executors and administrators, 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 the covenants, conditions and provisions in the
Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept
and performed at the time and in the manner therein specified, and in all respects according to
their true intent and meaning, and shall indemnify and save harmless the City, its officers,
agents and employees, as therein stipulated, then this obligation shall become null and void;
otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred
by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment
rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Contract or of the Work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its obligations under this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract or to the Work or to the specifications. Surety hereby waives the
provisions of California Civil Code Sections 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: February 24, 2020
"Principal"
Doug Martin Contracting Company. Inc.
"Surety"
Liberty Mutual Insurance Company
By:r/xo,��By: f�
Its D9,6g Martin, P esident Its lbandy A. Dakin, Attorney -in -Fact
By: �C.�.�-�J V / !
Its Dixie Martin, Secretary
(Seal)
By:
Its
J -
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of
the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT
BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the
Treasury Department's most current list (Circular 570 as amended) and be authorized to transact
business in the State where the project is located.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On March 2, 2020
before me, Heather Marie Martin, Notary Public
(insert name and title of the officer)
personally appeared Doug Martin and Dixie Martin
who proved to me on the basis of satisfactory evidence to be the person(@))whose nam( is re
subscribed to the within instrument and acknowledged to me that he/she/4�63 executed the same in
his/hethei authorized capaci ies), and that by his/her ei signatur"on the instrument the
perso s or the entity upon behalf of which the persotTsjacted, 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.
Signaturj r/%(Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On February 24, 2020
before me, Ashley R. Brewster, Notary Public
(insert name and title of the officer)
personally appeared Candy A. Dakin
who proved to me on the basis of satisfactory evidence to be the person(a'f whose name(s) is/ e
subscribed to the within instrument and acknowledged to me that h4/she/thdy executed the same in
h#her/tbeir authorized capacity(), and that by Vs/her/tl)& signature(4) on the instrument the
person(s), or the entity upon behalf of which the persoGo) 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.
ASHLEY R. BREWSTER
WITNESS my hand and official seal. COMM. #2296833 z
o Notary Public • California c
z , Orange County
M Comm. Ex fres Jul 13, 2023
Signature (Seal)
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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.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8201226-024087
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the °Companies°), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Denise
Bennett, Paul A. Bland, Candy A. Dakin, John M. Garrett, Edward W. Griffith II, Steven C. Mosier, Cynthia S. Wozney
all of the city of Irvine state of California each individually if there be more than one named, its true and lawful attorney-in-fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 8th day of May , 2019 .
Liberty Mutual Insurance Company
P� \NSp� P�ZY 1NSU 0 \NSU The Ohio Casualty Insurance Company
AJ �oRpORvr yp hJ ooh°Rar�y �'r., , Olt 9c, West American Insurance Company
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By. N
David M. Carey, Assistant Secretary
State of PENNSYLVANIA
ss
County of MONTGOMERY
On this 8th day of May , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of liberty Mutual Insurance 1 G
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes = F-
therein contained by signing on behalf of the corporations by himself as a duly authorized officer. v w
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
PAS
o, 0Nw�COMMONWEALTH OFPENNSYLVANIA
yNotarial Seal
OF Teresa Pastella, Notary Public
UpperMedonTwp., Montgomery County By:
Q' My Commission Expires March 28, 2021
vP `� Teresa Pastella, Notary Public
Member. Pennsylvania Association of Notaries
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV—OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such allomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such allomeys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 24TH day of FEBRUARY , 2020. _
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LMS -12873 LMIC OCIC WAIC Multi Co 062018
Issued in Duplicate
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
Bond No. 024236343
Premium included in the
Performance Bond
WHEREAS the City of Seal Beach ("City"), State of California, has awarded to
Doug Martin Contracting Company, Inc.
220 E. Foundation Avenue, La Habra, CA 90631 ("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:
FY19-20 Annual Slurry Seal Program
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the
performance of the Work, to file a good and sufficient payment Bond with the City to secure the
claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of
Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
Liberty Mutual Insurance Company
790 The City Drive South, Suite 200, Orange, CA 92868
(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 City and all contractors, subcontractors, laborers, material
suppliers, and other persons employed in the performance of the Contract and referred to in
Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum
of One Hundred Fifty -Six Thousand Fifty -Seven and No/100--
Dollars( 156 057 00--
o/100--
Dollars($156057.00-- ), for materials furnished or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety
will pay the same in an amount not exceeding the amount hereinabove set forth, and also in
case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in
successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as
costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and
all persons, companies, and corporations entitled to file claims under Title 3 (commencing with
Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil
wage and penalty assessment against the principal, any of its subcontractors, or both the
principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of
the time within which a joint labor management committee may commence an action against the
principal, any of its subcontractors, or both the principal and its subcontractors pursuant to
Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation
shall become null and void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of the Contract or the Specifications accompanying the same shall in any
manner affect its obligations on this Bond, and it does hereby waive notice of any such change,
extension, alteration, or addition.
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: February 24, 2020
"Principal"
Doug Martin Contracting Company, Inc.
"Surety"
Liberty Mutual Insurance Company
By: ~ By:
is DAg Martin, President
By: I1 L a p Ag A&
Its Dixie Martin, Secretary
(Seal)
By:
_,�e C_Z/&Z--
ItS andy A. Dakin, Attomey-in-Fact
Its
�1 s
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence
of the authority of any person signing as attomey-in-fact must be attached. DATE OF BOND MUST
NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the
Treasury Department's most current list (Circular 570 as amended) and be authorized to transact
business in the State where the project is located.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On March 2. 2020 before me, Heather Marie Martin, Notary Public
(insert name and title of the officer)
personally appeared Doug Martin and Dixie Martin
who proved to me on the basis of satisfactory evidence to be the persorl s hose nam is r
subscriby4A,o the within instrumet and acknowledged to m_ that he/she/ ey xecuted the same in
his/her/ i authorized capaci ies , and that by his/her/ eir ignatur s on the instrument the
persoqEsyor the entity upon behalf of which the perso s acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
VWX
r
Signatur (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On February 24, 2020
before me, Ashley R. Brewster, Notary Public
(insert name and title of the officer)
personally appeared Candy A. Dakin
who proved to me on the basis of satisfactory evidence to be the person(g) whose name(s) is/a,r'e
subscribed to the within instrument and acknowledged to me that tate/she/t!16 executed the same in
_xis/her/tWr authorized capacity(jes), and that by Is/her/thi6ir signature(g) on the instrument the
person(s), 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.
ASHLEY R. BREWSTER
WITNESS m hand and official seal. c COMM. #2296833 M
y e Notary Public •California 0
z Orange County
M Comm. 4 ires July 13, 2023
Signature (Seal)
a)
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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.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8201226-024087
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Denise
Bennett, Paul A. Bland, Candy A. Dakin, John M. Garrett, Edward W. Griffith II, Steven C. Mosier, Cynthia S. Wozney
all of the city of Irvine state of California each individually if there be more than one named, its true and lawful attorney-in-fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 8th day of May , 2019 .
Liberty Mutual Insurance Company
P� 1NSJJ' QTY INS& tNSUJ The Ohio Casualty Insurance Company
aaPOlt y0 West American Insurance Company
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By:
navid M_ t:arav_ Assistant Sarretary
of PENNSYLVANIA
tv of MONTGOMERY
this 8th day of May , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance I o
npany, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes = co �
-ein contained by signing an behalf of the corporations by himself as a duly authorized officer. cu w
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
5P PAST
mbar sylwmlaAssodatlon or
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OF
COMMONWEALTHPENNSYLVANIA
By:
Notarial Seal
Teresa Pastella, Notary Public
Upper MadonTwp., Montgomery County
vA `�
My Commission Expires March 28,2021
M P Notaries
Teresa Pastella, Notary Public
e , ann
N Pte"
a) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
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a) ARTICLE IV— OFFICERS: Section 12. Power of Attorney. �-Z
[2 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the •2 a)
> President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety > o
c any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall a, N
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such "OO
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. o 0
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. U m
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, Fes-.
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 24TH day of FEBRUARY , 2020 .
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1912 0 1919 1991 0
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d°S�i gcHOg aaa y0� yAMPs�� aa� �'S �ND1ANA dam y Renee C. Llewellyn, Assistant SecretaryA�—�
LMS -12873 LMIC OCIC WAIC Multi Co 062018